Morgan Lewis

San Francisco Office

San Francisco Office

publications

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04/23/12 DLSE Updates California Wage Theft Prevention Act FAQs and Template

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Latest update from the DLSE answers many employer questions and provides updated and improved template for compliance with notice requirement.

12/30/11 California Wage Theft Prevention Act Takes Effect January 1, 2012

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

DLSE issues template notice for use by employers.

11/28/11 Significant Changes to San Francisco Health Care Security Ordinance Require Immediate Employer Action; ERISA Preemption Controversy Reopened

LawFlash/Client Alert | Employee Benefits LawFlash
Andy Anderson

Last week, San Francisco Mayor Ed Lee signed legislation that significantly revises parts of the city's Health Care Security Ordinance (Ordinance). In particular, the revised Ordinance imposes detailed design a... more

11/04/11 Compensation and Pay Equity, presented at the California Employment Law Council Annual Meeting, San Francisco

Presentation | Speech
Daryl Landy

07/07/11 Sullivan v. Oracle: Non-California Residents Working in California for California-Based Employers Are Subject to California Daily Overtime Requirements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In an opinion with significant implications for California-based employers, and potentially for non-California-based employers, the California Supreme Court has ruled that the daily and weekly overtime requirements of t... more

05/18/10 California Court of Appeal Decision Increases Options for Many Policyholders to Maximize Coverage at Less Cost for Progressive Injury Losses

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

The California Court of Appeal, Second Appellate District, recently issued a decision in Legacy Vulcan Corp. v. Superior Court of Los Angeles , 2010 WL 1730788 (Apr. 30, 2010), that makes it easier for policyhol... more

04/28/10 California Supreme Court Broadens Scope of Judicial Review of Arbitration Awards in FEHA Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On April 26, in Pearson Dental Supplies, Inc. v. Superior Court (Turcios) , the California Supreme Court expanded the narrow scope of judicial review of an arbitration award in an employment case brough... more

03/10/10 California Court of Appeal Holds Witness Statements Not Protected by Work-Product Doctrine

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The California Court of Appeal's new decision in Coito v. Superior Court , ___ Cal. App. 5th ___ (Cal. Ct. App., 5th Dist., Mar. 4, 2010) opens a can of worms for employers relating to attorney work-product prot... more

12/03/09 California DLSE Issues Opinion Letter Regarding Deductions for Partial- and Full-Day Absences for Exempt Employees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On November 23, the California Division of Labor Standards Enforcement (DLSE) issued an opinion letter stating that employers may deduct vacation and sick leave banks for exempt employees' partial-day absences of fewer ... more

11/05/09 California Supreme Court Affirms Employer’s Right to Offer Voluntary Equity Plan

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a decision strengthening the right of employers and employees to negotiate the terms of employees' compensation, the California Supreme Court in Schachter v. Citigroup, Inc. , No. S161385 (November 2, 2009), ... more

08/26/09 California DLSE Approves of Simultaneous Reduction of Workweek and Salary of Exempt Employees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a much-anticipated opinion, on August 19, the California Division of Labor Standards Enforcement (DLSE) aligned itself with federal law by allowing for the simultaneous reduction of a an exempt employee's workweek an... more

08/18/09 California Supreme Court Rules on Right of Publicity Claims

LawFlash/Client Alert | Intellectual Property LawFlash
Intellectual Property Practice

On August 17, the California Supreme Court unanimously ruled in Christoff v. Nestlé USA, Inc. that right of publicity claims are subject to the single publication rule. But the court left for an... more

07/02/09 California Supreme Court: Labor Code PAGA Representative Actions Need Not Meet Class Action Requirements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 29, the California Supreme Court issued a decision in Arias v. Superior Court (Angelo Dairy) , No. S155965 (June 29, 2009), that could result in even more lawsuits against employers over wage and hour cl... more

07/01/09 After Prior False Starts, California Adopts Comprehensive eDiscovery Rules

LawFlash/Client Alert | eData LawFlash
eData Practice

On June 29, California Governor Arnold Schwarzenegger signed California's Electronic Discovery Act into law, effective immediately . The act contains comprehensive eDiscovery rules that largely parallel... more

06/05/09 Dealing with Tipped Employees: California Court of Appeal Reverses $105 Million Starbucks Verdict

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a decision with significant implications for California employers of tipped employees, on June 2 the California Court of Appeal reversed the decision of the San Diego Superior Court in Chau v. Starbucks Corp.more

03/27/09 California Supreme Court Clarifies "Pollution Exclusion," Finds Coverage for Mitigation Activities, and Reaffirms Doctrine of "Concurrent Causation"

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

Earlier this month in a sweeping victory for policyholders, the California Supreme Court unanimously clarified several important issues on insurance coverage for environmental liabilities. State of California v. Allstate In... more

03/25/09 Eastern District of California Holds That Unlicensed Accountants Are Not Exempt from Overtime Laws

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case that will be of interest to any company that employs unlicensed accountants, including professional accounting firms, the U.S. District Court for Eastern District of California under Judge Lawrence K. Karlton granted ... more

01/28/09 California Supreme Court Denies Review of First Appellate District's Decision in Conte v. Wyeth Regarding Liability of Brand-Name Drug Manufacturer for Injuries Experienced by Patient Who Took Generic Drug

LawFlash/Client Alert | Litigation LawFlash
John Lavelle, Jr., David Schrader, Kathleen Waters

On January 21, the California Supreme Court declined to review the decision issued by the California Court of Appeal for the First Appellate District in Conte v. Wyeth (Case Nos. A116707, A117353; Cali... more

12/19/08 California Court Rejects Class Action over Application Form Question Where Class Representatives Were Not Harmed

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 10, the California Court of Appeal granted summary judgment in favor of Starbucks Corporation, finding that plaintiffs seeking to represent a potential class of 135,000 job applicants failed to show... more

11/12/08 Ninth Circuit Holds That California Labor Code Applies to Work Performed in California by Nonresidents

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case with potentially far-reaching implications for California and non-California employers alike— Sullivan v. Oracle Corporation , 08 C.D.O.S. 13881 (9th Cir. Nov. 6, 2008)—the Ninth Circuit hel... more

10/14/08 ERISA Does Not Preempt San Francisco Health Ordinance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

In August 2006, San Francisco’s mayor signed into law the San Francisco Health Care Security Ordinance (the ordinance). The ordinance requires certain employers operating with the geographic limits of the... more

10/02/08 California Clarifies Overtime Exemption for Computer Professionals (Labor Code 515.5)

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On September 30, Governor Schwarzenegger signed Assembly Bill 10 (AB 10), which clarifies California Labor Code section 515.5’s exemption for computer professionals paid on a salaried basis.

In ad... more

08/08/08 New Rules for Noncompete Provisions and Releases in California

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In Edwards v. Arthur Andersen LLP , the California Supreme Court has confirmed that even limited noncompetition agreements are not enforceable in California. The Supreme Court also held that release agr... more

07/24/08 California Court of Appeal Restricts Employee Rights to Recover for Meal and Rest Break and Off-the-Clock Violations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case that may have far-reaching and positive implications for both California employers and employees, the California Court of Appeal for the Fourth Appellate District held that (1) employers need not ensu... more

06/29/08 Off-Label Use of Drugs and Devices, presented at the American Health Lawyers Association's 2008 In-House Counsel Program & Annual Meeting, San Francisco

Presentation | Speech
Andrew Ruskin

04/17/08 Changing Landscape of the Regulatory Pathway for Follow-on Biologics, presented at BayBio2008: Doing Well by Doing Right, San Francisco

Presentation | Speech
Phoebe Mounts

01/10/08 The Ninth Circuit Court of Appeals Allows San Francisco’s Health Care Security Ordinance to Take Effect

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In August 2006, San Francisco’s mayor signed into law the San Francisco Health Care Security Ordinance (HCSO). The HCSO requires certain employers operating with the geographic limits of the City and Coun... more

01/10/07 San Francisco’s Paid Sick Time Law to Take Effect February 5, 2007

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Shortly after the November 7, 2006 election, we reported on “Measure F,” which was approved by more than 60% of San Francisco, California residents. Measure F enacted a “Sick Leave Ordinance” (the Ordinance) that require... more

11/15/06 Trading and Market Structure Issues, presented at the 2006 Investment Company Directors' Conference, San Francisco and Washington, D.C.

Presentation | Speech
John Ayanian

10/04/06 Preparing for 2007: New SEC Rules for Executive Compensation Disclosure, presented at a Morgan Lewis Seminar, Palo Alto

Presentation | Speech
Scott Karchmer, Heather Brookfield, Zaitun Poonja

07/13/06 Managing Complex FMLA Issues;: Reduced Schedule Medical Certification Leave and Benefit Entitlements California Family Rights (Pregnancy, Childbirth Disability - - PCDA)

Presentation | Webinar
Michael Ossip, Karen Peteros, Sarah Bouchard

06/02/06 What Works! Introducing the State Bar Diversity Pipeline Project, presented at the State Bar of California Spring Summit, San Jose, CA

Presentation | Speech
Joan Haratani

05/04/06 Exploring Careers in Larger Law Firms - Queens Bench Panel Discussion, San Francisco

Presentation | Speech
Joan Haratani

04/27/06 eDiscovery: Your Blueprint for Success, presented in cooperation with American Lawyer Media, San Francisco

Presentation | Speech
Stephanie Blair

04/05/06 The Women's Forum, Sedgwick, Detert, Moran & Arnold, San Francisco

Presentation | Speech
Joan Haratani

2005 The Legality of Torture, presented to the Bay Area American Inns of Court, San Francisco

Presentation | Speech
Patrick Ryan

2004 Joint Defense Agreement, presented to the Bay Area American Inns of Court, San Francisco

Presentation | Speech
Patrick Ryan

05/27/04 Mutual Fund Scandals: Industry Impact and Operational Responses to Recent Industry Challenges and SEC Regulation, presented at the NICSA West Coast Regional Meeting, San Francisco

Presentation | Speech
W. John McGuire

October 2002 California Supreme Court Sides with Policyholder on Lost Policy Issues in Dart Industries v. Commercial Union

Outside Publication | Article
Jeffrey Raskin

On August 19, 2002, the California Supreme Court issued its ruling in Dart Industries, Inc. v. Commercial Union Insurance Co., Case No. S086518 (August 19, 2002), a pro-policyholder decision on proving lost policies. The court held that proof of the "actual" policy language was not necessary. Instead, when an insurance policy is lost or was destroyed without fraudulent intent, the policyholder simply "has the burden of proving (1) the fact that he or she was insured under he lost policy during the period at issue, and (2) the substance of each policy provision essential to the claim for relief, i.e., essential to the particular coverage that the insured claims."

05/24/01 Regulatory Concerns: The SEC and NASD Examination and Enforcement Focus - National Regulatory Services, presented to the Branch Office Compliance Practices Conference

Presentation | Speech
Ben Indek

05/01/01 Legal Issues and the Internet, presented at the International Trademark Association Annual Meeting

Presentation | Speech
Ron Dreben

Spring 2001 The Third Generation of Wireless Communications: The Intersection of Policy, Technology and Popular Culture, Georgetown Journal of International Law, Vol. 32, No. 3

Outside Publication | Article
Christopher Banks

January 2001 Driven to Excess

Outside Publication | Article
Jeffrey Raskin

February 1999 The Recovery of Pre-Tender Costs in Insurance Disputes, Los Angeles Lawyer

Outside Publication | Article
Jeffrey Raskin

10/21/97 State and Federal Legislation: Where We Are Today and What We Must Do to Comply with Existing Law and Regulation, presented at the Financial Institutions Insurance Association 1997 Fall Conference, San Francisco

Presentation | Speech
Kathleen Collins

10/21/97 Structuring an Agency Joint Venture Agreement or Acquisition, presented at the Financial Institutions Insurance Association 1997 Fall Conference, San Francisco

Presentation | Speech
Kathleen Collins

08/05/97 Employment Issues Arising From Professional Practices, presented to the ABA Annual Meeting, Section of Labor and Employment Law, San Francisco

Presentation | Speech
Mark Dichter

November 1996 Discovery of Ghosts in the Machine, Los Angeles Lawyer

Outside Publication | Article
Jeffrey Raskin

Published in the Los Angeles Lawyer magazine. Electronic mail has become the telephone of the contemporary office. The availability of electronic mail communications can have important litigation consequences. While most people know that hard copies of electronic messages are subject to discovery, many are unaware that the electronic versions are rarely, if ever, produced in response to a discovery demand.

07/29/96 Law & Intellectual Property, The Business Journal

Outside Publication | Article
Rochelle Alpert

11/02/95 Panel Discussion on Employee Concerns Programs at Nuclear Facilities, presented at the ANS Winter Meeting, San Francisco

Presentation | Speech
George Edgar

October 1984 How the Courts Evaluate Mergers, Health Scan

Outside Publication | Article
Rochelle Alpert


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