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  • Article

    California Court Rejects Vicarious Liability Claims

    Claims of vicarious liability under the Telephone Consumer Protection Act (TCPA) failed in California federal court after the plaintiff was unable to demonstrate that the defendants had provided the caller...
    United StatesCorporate/Commercial Law
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    California Appellate Court Clarifies An "Exempt Employee"

    Who is an "exempt employee" in California? An appellate court in the state explained that the statutory language is clear and unambiguous, unpersuaded by an employee's...
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    California Appellate Panel Revives PAGA Action

    A California appellate panel recently reversed the dismissal of a nurse's Private Attorneys General Act (PAGA) suit involving meal and rest break claims.
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    California Court Finds Arbitration Agreement Unconscionable

    An employer's arbitration agreement was both procedurally and substantively unconscionable, a California appellate panel determined, affirming a trial court's denial of an employer's motion to compel arbitration.
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    California Takes On Criminal Background Checks, Noncompetes

    In California regulatory news, the Civil Rights Council, an arm of the Civil Rights Department, approved changes to how employers legally conduct criminal background checks, and Gov. Gavin Newsom...
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    De Minimis Time Must Be Compensated, Tenth Circuit Rules

    Although the unpaid time employees spent booting up their computers was relatively small, it was compensable and the employer failed to establish the practical administrative difficulty of estimating the time at issue...
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    FAA Preempts California Law On Arbitration Fees

    The FAA preempts California's Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, a state appellate panel has ruled.
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    FMLA Violation By Mere Discouragement, Second Circuit Holds

    An employer can violate the Family and Medical Leave Act (FMLA) merely by interfering with an employee's use of statutory benefits—even if the employer ultimately grants...
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    LWDA Not Liable For Costs In PAGA Case It Wasn't Involved In

    A California appellate panel recently determined that California's Labor and Workforce Development Agency (LWDA) is not on the hook for costs after the trial court ruled...
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    New York State Department Of Labor Issues Guidance On Cannabis And The Workplace

    On October 8, the New York State Department of Labor issued a frequently asked questions document offering guidance for the workplace related to the state's Marijuana Regulation and Taxation Act.
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    PAGA Claims Can't Be Tossed On Manageability Grounds

    Do trial courts have the inherent authority to dismiss a claim under the Private Attorneys General Act (PAGA) on the grounds of manageability?...
    United StatesEmployment and HR
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Best Practices For Strengthening Medicaid-Covered School-Based Health Care Services Via Telehealth

    School-based health services are essential for ensuring that students—especially those in underserved communities—have access to comprehensive health care, including physical exams...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    CMS Guidance On Conducting Eligibility Redeterminations At The Individual Level

    Support for this expert perspective was provided by the State Health and Value Strategies program, a grantee of the Robert Wood Johnson Foundation. The views expressed here do not necessarily reflect the views of the Foundation.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    CMS Innovation Center's Strategic Plan To Drive Health System Change In The Next Decade

    Last month, the Center for Medicare and Medicaid Innovation (the Innovation Center, or CMMI) released its long-anticipated white paper, "Innovation Strategy Center Refresh,"...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Key Takeaways From The Gray V. Dignity Health Decision

    On October 13, 2021, the California Court of Appeal, 1st District in San Francisco issued its opinion in Gray v. Dignity Health, 2021 WL 4771982. In a published decision that will likely control the outcome...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Palliative Care Reimbursement, Innovation And Reform

    The term "palliative care" is often used by doctors and other health care professionals during a serious illness or toward the end of life. Federal regulations define palliative care as:
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    State-Directed Payments: Overview, Trends And Proposed Changes

    Editor's Note: Manatt on Health—Manatt's premium legal and health policy subscription service covering the topics and trends transforming health care—includes access to a robust series of detailed...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    Copying Of Unpatented Technology Permitted When Confidentiality Obligations Terminated

    In BladeRoom Grp. Ltd. v. Emerson Elec. Co., the Ninth Circuit held under English law that a reasonable person would interpret a nondisclosure agreement (NDA) to end two years after signing because...
    United StatesIntellectual Property
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    The Federal Circuit Narrows IPR Estoppel

    The Federal Circuit's recent decision in Ingenico Inc. v. IOENGINE, LLC, No. 2023-1367, 2025 WL 1318188 (Fed. Cir. May 7, 2025)...
    United StatesIntellectual Property
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Article

    California Court Finds Arbitration Agreement Procedurally, Substantively Unconscionable

    A California appellate court found an arbitration agreement both procedurally and substantively unconscionable, affirming the denial of an employer's motion to compel arbitration in a discrimination lawsuit.
    United StatesLitigation, Mediation & Arbitration
    Manatt, Phelps & Phillips, LLP
    Manatt, Phelps & Phillips, LLP
  • Showing 821–840 of 1106 results

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