Live Webinars

This webinar will cover an array of issues faced by litigants and practitioners where alter ego or successor liability theories are advanced during litigation.  Among other things, the webinar will explore the contours of the alter ego and successor liability doctrines; proper pleading of these doctrines; discovery strategies for both plaintiffs and defendants; proof issues faced by both sides when these doctrines are at play; trial issues on who decides these equitable issues; post-judgment attorney’s fees claims and defenses; and post-judgment efforts to amend a judgment to include alter egos and successors as additional judgment debtors.

Covid-19 has led to an unprecedented closure of businesses world-wide.  Many businesses have business interruption insurance which is intended to cover losses when business is shut down or curtailed because of damage to property or order of civil authority.  Accordingly, Covid-19 has led to an unprecedented number of business interruption insurance claims.

Such claims tread into an undeveloped area of law.  When and under what conditions may a virus be deemed to be “property damage?”  When and under what conditions will coverage be afforded for closure due to order of “civil authority?”  

In California, the Private Attorneys General Act PAGA poised to become the next "it" claim in wage and hour litigation? This program will explore the ever changing PAGA landscape, offering practitioner insight into how best to prepare for the anticipated uptick of representative action litigation.

Procedural Issues and Nuts and Bolts of PAGA – this panel will provide a full picture of what PAGA is, what violations give rise to PAGA liability, how PAGA claims are brought and litigated, and what remedies are available through PAGA.  The panel will describe:  the current procedure for exhausting a PAGA claim with the LWDA (including 2016 amendments); the potential involvement of the LWDA in investigating claims; the relationship between PAGA claims and class action principles; the state of the law on whether PAGA claims are “individual” or “representative” in nature; and how PAGA penalties are calculated.
 
PAGA trials – this panel will describe trial considerations unique to PAGA claims, including:  PAGA-only trials; PAGA claims tried in conjunction with class claims, along with related class definition questions; and how the “representative” nature of a PAGA claim plays out at trial.  The panel will survey examples of PAGA trials to date and identify open questions.
 
Settlement and Arbitration issues – this panel will discuss issues that arise when PAGA claims are subjected to motions to compel arbitration, including recent developments in the Ninth Circuit and California courts concerning “individual-only” arbitration clauses.  The panel will survey recent decisions by courts splitting PAGA and non-PAGA claims, and compelling the non-PAGA claims to arbitration.  The panel will discuss aspects of settlement of PAGA claims, including:  a comparison of the settlement approval process to the more familiar class action settlement approval process; and the valuation of PAGA penalties for purposes of alternative dispute resolution and, subsequently, court settlement approval.

Navigating the Minefields of Social Media: New Platforms for Liability

Social media has become one of society’s most critical communication tools. Social media platforms are used by President Trump to announce policy, by news media to provide breaking reports, by mega brands to influence consumers, and by celebrities and influencers to connect with their fans. It follows that they are fertile ground for mistakes that can lead to liability. Learn about new developments in how courts are applying to social media the doctrines that have historically arisen in the context of media and advertising, including copyright and trademark infringement, defamation, misappropriation of publicity rights, and invasion of privacy.

Wage and Hour class actions put employers at great financial peril.  They are easily filed, expensive to defend against, and expose the employer to hefty fines and penalties on top of statutory damages.  Worse, insurance companies tend to deny or severely limit coverage for them.