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California Court of Appeal overturns $1.3 million in damages and attorneys’ fees against Lucasfilm for failure to give instruction on business judgment

USA - December 19 2012 On December 10, 2012, in Veronese v. Lucasfilm Ltd., a California Court of Appeal overturned a Marin County jury’s verdict against Lucasfilm based on its finding that several errors in jury instructions prejudicially affected the verdict.

Gary R. Siniscalco, Kristen Jacoby.

Collection of pay data by gender, race and national origin

USA - August 27 2012 On August 15, 2012, a panel commissioned by the Committee on National Statistics (CNSTAT) issued a report concluding that the U.S. Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor (DOL) should not collect earnings data by gender, race and national origin from private employers until the agencies develop a clearly articulated plan regarding how the data will be used to further their enforcement responsibilities.

David A. Prahl, Gary R. Siniscalco.

Truly Nolen v. Superior Court: a unique take on California’s Gentry decision and its application to arbitration agreements in the wake of Concepcion

USA - August 21 2012 In its landmark Concepcion and Stolt-Nielsen decisions, the U.S. Supreme Court made clear that courts must enforce private agreements to arbitrate according to their terms, even if doing so results in the enforcement of a class action waiver provision or otherwise compels a plaintiff to arbitrate her claims on an individual basis.

Andrew R. Livingston, David A. Prahl.