Dynamex Operations West v. Superior Court

Dynamex

Dynamex Operations West v. Superior Court is the newest development in the debate regarding workers being classified as independent contractors or employees.

We found this article Stinson Leonard Street LLP attorney Javier Torres posted on Lexology and wanted to pass it along:

The California Supreme Court recently issued its long-awaited decision in Dynamex Operations West v. Superior Court, which establishes a new standard for determining if a worker is properly classified as an employee or as an independent contractor. The court maintained that all workers are assumed to be employees, and that companies must prove that hired independent contractors are correctly classified under the new ABC standard:

“A. The worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract and in fact.

B. The worker performs work that is outside the usual course of the hiring entity’s business.

C. The worker is customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed.”

The Dynamex decision will have lasting effects on California companies using independent contractors.

Crypto Industry Sweep: ICOs Under Increasing Scrutiny by U.S. Regulators on The Recorder

Of interest to the new crypto industry – the U.S. Securities Exchange Commission (SEC) has issued several information requests and subpoenas to companies, investors and advisers that are involved in cryptocurrency exchanges.

This comes after warnings that initial coin offerings (ICOs) might be violating securities laws, and indicates that the SEC plans on thoroughly examining ICOs.

You can read about the SEC cracking down on companies looking to take part in the cryptocurrency boom in the recent Recorder article by Benjamin Klein, Deborah Meshulam and Jason Chang.

You can learn more about cryptocurrency by attending our upcoming Cryptocurrencies, Blockchain & Initial Coin Offerings seminar on June 22nd in Los Angeles. The huge expansion in Bitcoin & digital currencies and ICOs in states across the nation and globally has led to a significant need for attorneys proficient in the cutting-edge use of related legal and regulatory issues. Join expert faculty in this detailed introduction to the industry so you may advise and represent your clients effectively.

Advisors Needed for Summer Interns and Fellows

Advisors

Public Interest Law Initiative (PILI) is actively seeking Advisors for their 2018 Advising Program, which matches current Law Student Interns and Graduate Fellows with members of PILI’s Alumni Network or Board of Directors.

PILI’s Advising Program is flexible, and allows Advisors to fit the program into their schedule. Advisors are required to communicate with their Advisee, and meet at least twice during the summer. Advisors often serve as an introduction to the Illinois legal community by providing career guidance, networking inroads and valuable insights.

PILI will provide additional support and tips to assist with making the relationship beneficial for both Advisor and Advisee. Those interested in serving as an Advisor should complete the registration form before Friday, April 27th, which allows PILI to make matches based on areas of practice and alma maters.

“The Rise of the #MeToo Movement: An Opportunity, Not an Obligation” on Lexology

#metoo

We wanted to pass on this article The Rise of the #MeToo Movement: An Opportunity, Not an Obligation by Kramer Levin‘s Kevin B. Leblang, Izabel P. McDonald, Samantha Kagan in Lexology on improving your and your client’s workplace environment and sexual harassment rules and responses.

They offer concrete, positive suggestions that go beyond the typical “here is the law and here is how you should update your employee manual,” that can improve every company’s environment related to more than just sexual harassment. Their suggestions are practical and easy to implement and we highly recommend it, not just for employment attorneys, but for all attorneys.

Heed Caution with Embedded Copyrighted Content

embedded

This blog post on Lexology from Robert Laplaca discusses a recent case in the United States District Court of the Southern District of New York regarding websites’ usage of embedded Twitter posts in their content.

In the case Goldman v. Breitbart News Network, LLC, District Judge Katherine Forrest stated that using embedded content from another website still leaves the user liable to claims of copyright infringement.

Judge Forrest said, “Having carefully considered the embedding issue, this Court concludes, for the reasons discussed below, that when defendants caused the embedded Tweets to appear on their websites, their actions violated plaintiff’s exclusive display right; the fact that the image was hosted on a server owned and operated by an unrelated third party (Twitter) does not shield them from this result.”

United States District Court of the Southern District of New York. Goldman v. Breitbart News Network, LLC. 15 Feb. 2018, www.eff.org/files/2018/02/15/goldman_v_breitbart_-_opinion.pdf.

Cryptocurrencies Draw California Lawmakers’ Attention

Cryptocurrencies like Bitcoin have been around for years, however, lately they’ve been a hot topic in the news and among attorneys.

This blog post from Jennifer Post, of Thompson Coburn, sheds some light on the issue. Jennifer will be speaking at our Cryptocurrencies, Blockchain & Initial Coin Offerings seminar in June 2018.

Virtual currencies remain largely unregulated, as well as the activities which support them (exchanges, wallets, etc). However, due to sudden interest from investors and the creation of several new cryptocurrencies, state lawmakers are beginning to consider how they should regulate these activities.

California has introduced the Virtual Currency Act (A.B. 1123), which would require those involved in a “virtual currency business” in California to first register with the state’s Commissioner of Business Oversight. A.B. 1123 defines a “virtual currency business” as any business “maintaining full custody or control of virtual currency in this state on behalf of others.”

Learn more by reading Jennifer’s post and at our upcoming Cryptocurrencies, Blockchain & Initial Coin Offerings seminar in June 2018.

Court says Tinder doesn’t get to charge older customers more

Good news for Tinder users over the age of 30. Tinder – the swipe one way or the other if you are interested in someone (or not) dating app – just got smacked for charging older customers more than those under thirty for Tinder’s premium services.

We just found this blurb Winston & Strawn attorney Ryan P. Glove on the new California Lawyers Association’s Advertising law related Blog and wanted to pass it along:

A California Court of Appeals recently found that Tinder’s practice of charging users over the age of 30 an additional $10 for premium services violates the Unruh Civil Rights Act and the Unfair Competition Law. The court rejected Tinder’s argument that its pricing model was not discriminatory because it based pricing on market research which shows that users under 30 have less means to pay for premium services and therefore require a discount. Although certain age-based pricing structures have been upheld in the past, the appellate court held that Tinder’s pricing model is discriminatory because it employs an “arbitrary, class-based, generalization about older users’ incomes as a basis for charging them more than younger users,” and Tinder did not provide compelling public policy justifications for the alleged discriminatory pricing.

Ian Samson and Paul Traina are our latest Featured Speakers!

Our latest Featured Speakers are Ian Samson and Paul Traina of Stalwart Law Group!

Ian Samson is an experienced litigator and trial lawyer who will speak at our upcoming Mastering the Deposition seminar in Los Angeles, on February 23rd, 2018.

Ian first spoke for us back in 2016 for Federal Court Boot Camp and has been a repeat speaker for both federal and superior court boot camps since. Seminar attendees rave about his insight, clear examples, and knowledgeability.

Ian represents clients in catastrophic injury matters, whistleblower litigation, class actions, professional liability cases, and commercial litigation. Innovative, tireless, and always willing to go the extra mile for his clients, he has gone toe-to-toe with some of the most highly-regarded law firms in the nation.

Equally comfortable arguing a specific point of law to a federal court judge as he is explaining the big picture to a state court jury, he uses every aspect of his experience to get the best possible result for his clients. Ian is a member of the Consumer Attorneys Association of Los Angeles, Consumer Attorneys of California, and Public Justice.

And Paul Traina, an experienced, fiercely competitive litigator and trial lawyer, will also speak at our upcoming Mastering the Deposition seminar.

Paul first spoke for us a while back at our Wage & Hour Class Action seminar, and has returned to speak at many of our litigation related seminars year after year, due to his great evaluations.

Paul has practiced law for the past 25 years. He spent his first five years representing automobile manufacturers and insurance companies, and the last twenty years representing consumers on a pure contingency basis. Paul has obtained verdicts and recoveries for his clients totaling over 3 billion dollars. He has, and continues to represent clients in matters involving catastrophic injuries, defective products, whistleblower litigation, class actions, professional liability cases, and business/commercial litigation.

Paul is a frequent guest lecturer at Loyola Law School’s Trial Advocacy Class. He has lectured around the country about class actions, conflicts of interest, opening and closing arguments, and direct and cross examinations of both lay and expert witnesses. Paul is a member of the Consumer Attorneys Association of Los Angeles and Consumer Attorneys of California.