Fifth Circuit to consider In Re D.R. Horton in light of recent court of appeals decision striking down recess appointments to NLRB *

USA - February 5 2013
A recent D.C. Circuit Court of Appeals decision striking down several recess appointments to the National Labor Relations Board has cast doubt over…

Co-authors: Chris Brown, Jill L. Rosenberg.

Class certification denied: California Court of Appeals holds that reliance upon legal, companywide policies is insufficient to support class certification *

USA - November 28 2012
On October 10, 2012, a California Court of Appeal held that a wage and hour class action could not be certified where the common company-wide policy at issue did not answer the “central liability” question of the case.

Co-authors: Andrew Livingston, Chris Brown.

California Court of Appeal reads employment agreement in conjunction with a sale of business transaction yet refuses to apply “sale of business” exception to its non-compete clause *

USA - September 10 2012
On August 24, 2012, a California Court of Appeal clarified when an employment agreement can satisfy the “sale of business” exception to California’s general ban on post-employment non-compete provisions.

Co-authors: Michael D. Weil .

California court of appeal rules that advanced sales commissions may be recovered by the employer *

USA - July 18 2012
On July 10, 2012, a California court of appeal held that an employer's practice and policy of charging back advanced sales commissions following a canceled service agreement does not violate California law.

Co-authors: Tracy L. Scheidtmann , Michael D. Weil .