Recent notable developments include the following:
Employee Termination for Disability-Caused Misconduct
A recent decision of the California Courts of Appeal helpfully confirms for employers that prohibition against disability discrimination does not extend to actual workplace misconduct by an employee, particularly including threats or violence against coworkers, even if such misconduct is alleged to be caused by an underlying disability. Click here for the complete alert.
No Expectation of Privacy in IP Address, Says Court
In a convict’s constitutional challenge to a search warrant requiring his Internet provider to identify him as the holder of his assigned Internet Protocol (IP) address, a California Court of Appeal has found that a “subscriber has no expectation of privacy in the subscriber information he supplies to his Internet provider”. Click here for the complete alert.
Subscription Auto-Renewal Statute in California
This alert provides an update on California’s consumer subscription auto-renewal statute which has now been in effect for over a year. Click here for the complete alert.
Supreme Court Clarifies Induced Patent Infringement
We briefly observe the Supreme Court’s recent ruling that patent infringement liability for inducing infringement by a third party “requires knowledge that the induced acts constitute patent infringement”, and is not satisfied merely by “deliberate indifference to a known risk that a patent exists”. Click here for the complete alert.
Port Trucker Lawsuit Dodges Federal Preemption Claim
Although the Attorney General’s lawsuit has been perceived as a political intervention on the side of labor union organizing efforts targeting the independent drivers (who are not subject to collective bargaining if they are small business people rather than employees), the AG’s lawsuit has at least temporarily dodged a bullet at the California Court of Appeals. Click here for the complete alert.
Retailers’ Email Receipts May Show Card Expiration Dates
A new decision of the federal Ninth Circuit Court of Appeals has now helpfully determined that “under FACTA, a receipt that is transmitted to a consumer via email and then digitally displayed on the consumer’s screen is not an ‘electronically printed’ receipt”, and therefore may include the additional credit card data without violation of FACTA. Click here for the complete alert.
Smart Meters, Home Monitoring and Privacy at the CPUC
Mindful of consumer privacy, the California Public Utility Commission (CPUC) recently issued a Notice of Proposed Decision in Rulemaking 08-12-009 regarding the privacy and security of customer usage data deriving from smart meters. Click here for the complete alert.
Sophisticated Clients Beware
In a remarkably unsympathetic ruling, the state Court of Appeal finds that the clients were “sophisticated businesspersons” who could not avoid mandatory arbitration under an agreement they had signed, even if they had not carefully read it and their lawyer had not personally and specifically explained it to them. Click here for the complete alert.