Robert Simon

Lara Shortz shared with Law360 her take on the recent Supreme Court of California decision regarding Proposition 22, which permits app-based companies to classify their drivers as independent contractors rather than employees. Lara noted that while Proposition 22 specifically targets app-based drivers, its framework might inspire similar legal carveouts for other industries and open doors for broader applications, potentially influencing independent contractor classifications in other sectors. Read Lara's insights here: https://lnkd.in/gaintuFH required) #LegalInsights #LaborLaw #Prop22 #MichelmanAndRobinson

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BREAKING NEWS: Judge Tigar grants plaintiffs in Doe 1 v. Github leave to file interlocutory appeal to Ninth Circuit on whether DMCA CMI claims under Section 1202 are limited to identical copies of the plaintiffs works. Opinion in link below: https://lnkd.in/gXYsEvYY Part of the reason: "To this Court’s knowledge no court of appeal has ruled on this issue, and district courts have reached differing conclusions. See, e.g., Anderson v. Stability AI Ltd., No. 23-cv-00201-WHO, 2024 WL 3823234, at *8 (N.D. Cal. Aug. 12, 2024) (finding DMCA Section 1202(b) claims have an identicality requirement); Beijing Meishe Network Tech. Co., Ltd., v. TikTok Inc., No. 23-cv-06012-SI, 2024 WL 3522196, at *9 (N.D. Cal. July 23, 2024) (declining to dismiss on identicality grounds); ADR Int’l Ltd. v. Inst. for Supply Mgmt. Inc., 667 F. Supp. 3d 411, 427 (S.D. Tex. 2023) (“Based on the plain wording of the statute, the Court is not persuaded that the DMCA includes an ‘identical copy’ requirement.”); Kirk Kara Corp v. W. Stone & Metal Corp., No. CV 20-1931-DMG (Ex), 2020 WL 5991503 (C.D. Cal. Aug. 14, 2020) (adopting an “identicality” standard); Oracle Int’l Corp. v. Rimini St., Inc., No. 2:14-cv-01699-MMD-DJA, 2023 WL 4706127, at *82 (D. Nev. July 24, 2023) (“The Court also rejects Rimini’s argument . . . that a work that removes copyright management information must be an exact copy of the original work. This construction of the DMCA would weaken the statute’s intended protections for copy right holders.”). “One of the best indications that there are substantial grounds for disagreement on a question of law is that other courts have, in fact, disagreed.” Rollins v. Dignity Health, No. 13-cv-01450-TEH, 2014 WL 6693891, at *3 (N.D. Cal. Nov. 26, 2014). Given this split in authority the Court finds there are substantial grounds for disagreement on this issue."

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🔍 Debunking the Myth About Legal Fees in California 🏛️ Many believe that in a lawsuit, the losing party must cover the winner’s legal expenses. This misconception can lead to misguided legal strategies and unexpected financial burdens. In reality, California follows the "American Rule," where each side generally pays their own attorney fees unless specific exceptions apply. Our latest blog post, "Attorney Fees in California Legal Disputes: A Guide for Law Makers," explores this topic in depth. Discover how understanding the true implications of legal fees can shape more effective litigation strategies and fairer contract negotiations. #LegalFees #CaliforniaLaw #ConstructionLaw #LegalStrategy #AttorneyFees #MeritLawFirm https://lnkd.in/g7yS-SGi

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In this article, authors Christine Chong and Christine Lyon (Freshfields Bruckhaus Deringer) focus on the prospect of rigorous action from the Federal Trade Commission, state Attorneys General, and the new California Privacy Protection Agency, which are poised for strengthened action on biometric privacy... #techREG #technology #privacy #dataprotection #biometrics #biometry #privacyrights

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Hiding Assets During Divorce: Possible Consequences In the realm of cheap divorce in California, failing to disclose assets can result in more severe penalties. The court retains the authority to allocate a larger share of the disclosed assets to the innocent spouse as a form of restitution. In severe instances, if the concealment is deemed fraudulent and intentional, it may lead to criminal charges with potential imprisonment. https://lnkd.in/gCjPPRgz #Divorce #legalconsequences #legaladvice #financialpenalties #legalcounsel #financialburden #legalobligation #investigations #DivorceAdvice #DivorceTips #AssetProtection #divorcelawyer #FinancialPlanning Justia Wade Law Group FindLaw Pro SuperLawyers InMail

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Judge Moore rebukes Orange County DA Spitzer for misleading claims in a recent case, stating that "fabricated" and "in defiance" language was unacceptable. The court's unanimous decision underscores the importance of legal precision and respect for the judiciary. Legal experts weigh in on the implications for future briefs and the role of appellate courts in correcting misinformation. Dive into the details of this story: https://ow.ly/M6iI50T4f5x #AppellateCourt #DistrictAttorney #ToddSpitzer #LegalNews #LegalEthics

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The new era of depositions is here. Legal Recorder has quickly gained recognition among California attorneys for its ability to simplify Zoom depositions. Read our tips here - https://lnkd.in/d8S52KEk

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In a new AccountsRecovery.net Compliance Digest column, Hinshaw partner David Schultz analyzes a recent California District Court ruling regarding vicarious liability claims made under the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act. David argues that the case illustrates why the defense bar must contest any suggestion that vicarious liability is appropriate under the FDCPA. He explains that vicarious liability comes out of tort and agency law, not strict liability statutory law, and therefore “should have no place in the FDCPA.” Read our summary: https://lnkd.in/g-52D6jQ #DebtCollection #ConsumerFinance #Finance #Legal #FDCPA

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#lawsuitoftheweek: Monsanto Roundup Lawsuit ⚖️ Judicial Concerns: Judge Chhabria in the California MDL has requested a joint case management statement to address concerns about plaintiffs’ Roundup lawyers potentially handling more cases than they can effectively manage, ensuring that each case receives adequate attention. 🏛️ Legislative Movements: The House Appropriations Committee voted on the Fiscal Year 2025 Interior, Environment, and Related Agencies Appropriation Act, which includes language to protect Bayer in ongoing lawsuits. Although the vote followed party lines, with Republicans in favor and Democrats opposed, the bill faces significant challenges in the full House and Senate. 🔄 Ongoing Trials: A Philadelphia Roundup trial was voluntarily dismissed by the plaintiff after most claims were dismissed due to the statute of limitations. The family of the deceased plaintiff plans to appeal. Despite this setback, Roundup litigation continues with over a dozen trials scheduled to begin this summer. While a global settlement in 2024 seems unlikely, the ongoing activity makes it an opportune time to get involved in Roundup litigation. Stay tuned as we continue to monitor developments in the Roundup litigation. #legalnews #legalupdates #masstorts #tortexperts

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California's probate system is facing delays, with court dates pushed months out and estate assets left idle. One lawyer suggests improvements: automated notifications for probate notes, allowing waivers of accounting without hearings, and creating mandatory forms for final petitions. These changes could reduce continuances and streamline processes, saving time and resources for everyone involved. Read more: https://ow.ly/nvtE50U6Ei0 #LegalTech #Probate #EstatePlanning #LegalInsights

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Check out past PLAN webinar: 'PAGA REFORM: Claims Handling in Light of the New Law'. This presentation provides a high-level overview of recent reforms in California's Private Attorneys General Act (PAGA) and what that means for handling claims. Access this past webinar here: https://lnkd.in/gYmHs-5Y

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🚧 👷‍♀️ "An August 25, 1997 decision by the California Supreme Court has upset 95 years of eminent domain law for partial takings by eliminating the distinction between special benefits and general benefits. Now there is only a single category, benefits. As before, benefits may be used to set off only damages to the remainder, but not the value of the part taken. Now, a broad spectrum of factors must be systematically considered in order to evaluate what changes from a “before” to “after” condition may produce significant elements of damage or benefit. This article presents a checklist that helps identify and organize the evaluation 34 of possible elements of damages or benefits to the remainder. Practical guidance for the evaluations is taken from the rules, policies and practices of the federal government as well as the other states that have eliminated special benefits, using all benefits to set off damages."👷‍♂️ 🏗 https://lnkd.in/gKP_dV7B Anderson, Orell, and Richard A. Neustein, MAI, SRPA, SRA. "Condemnation in California: Redefining Damages for Partial Takings." IRWA Right of Way (Spring 1998)

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In today's AccountsRecovery.net Compliance Digest column, Akeela White discusses the significance of a California appellate court ruling that dismissed a Fair Credit Reporting Act (FCRA) lawsuit for lack of standing because the plaintiff failed to allege a concrete injury. Learn her key insights in our summary: https://lnkd.in/gjgHJM2A #FCRA #DebtCollection #ConsumerFinance #Compliance #Legal

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