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Litigation

Litigation Understanding Proposition 65 Litigation in California: A Guide for Businesses

California’s Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law designed to protect California residents from exposure to harmful chemicals. However, its expansive scope and strict compliance requirements have made it a frequent source of litigation, presenting significant challenges for businesses operating in the state. This […]

Litigation California’s Trap and Trace Pen Register Litigation: Key Considerations & How to Respond to a Lawsuit

The California Invasion of Privacy Act (CIPA) is driving a wave of litigation that could significantly impact businesses with consumer-facing websites. Hundreds of lawsuits have been filed recently alleging that businesses operating in California violated CIPA due to very common software and business practices found on their websites. Initially intended to regulate law enforcement’s use […]

Litigation COVID-19 Coronavirus as a Force Majeure Defense to Contractual Non-performance

One often doesn’t know the extent of one’s insurance coverage until a calamity occurs. So it is with force majeure provisions in contracts Typically, force majeure provisions are included in contracts to excuse a party from contractual obligations if some unforeseen event beyond its control prevents performance of its contractual obligations. As of March 2, […]

Litigation Welcome Anti-SLAPP Guidance for California Courts and Litigants

This article was first published by Law360 in February 2018 and is reprinted with permission.  In Gaynor v. Bulen,1 California’s Court of Appeal recently articulated the proper approach for determining whether allegations constitute protected activity under the anti-SLAPP statute,2 a standard most recently clarified by the California Supreme Court in Baral v. Schnitt (“Baral“),3 and Park […]