Legislative Status: The California Senate passed SB 790 and it is now before the California Assembly Committee on Health (next hearing is June 27, 2017), having been amended by the Assembly on June 13, 2017. If adopted by the Assembly with amendments from the version passed by the Senate, the Senate will then have to…
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Time to Give Those Arbitration Clauses A Major Tune Up!
On September 23, 2014, the New Jersey Supreme Court held in Atalese v. U.S. Legal Services Group that an arbitration clause in a consumer contract is not enforceable unless it clearly indicates that the plaintiff is giving up the right to go to court. Accordingly, any company doing business in New Jersey that uses an…
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New Law Limits Viability of Shareholder Derivative Suits in New Jersey
New Law Significantly Limits Viability of Certain Shareholder Derivative Suits in New Jersey On April 2nd, New Jersey Governor Chris Christie signed bill A-3123 into law and in doing so, significantly revised the law in New Jersey regarding shareholder derivative proceedings under N.J.S.A. §14A:3-6, etseq. The stated purpose of the new law is to temper…
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Protecting Against Employee Lawsuits
What is the best way to protect against employee lawsuits? We recently received an inquiry about the best ways for businesses to protect against employee lawsuits. We’ve found that most employee lawsuits occur due to low morale, unaddressed personality conflicts, disparate productivity between employees and/or failure to give effective performance reviews. Of course, it is…
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