Articles in Litigation

NEW CALIFORNIA INDEPENDENT CONTRACTOR TEST APPLIES RETROACTIVELY ACCORDING TO THE NINTH CIRCUIT

Posted

As we have previously reported, the California Supreme Court last year set forth a revolutionary new “ABC test” for determining whether workers are properly classified as employees or independent contractors, making it dramatically more difficult for California employers to lawfully retain independent contractors. On May 2, 2019, in Vazquez v. Jan-Pro Franchising Int’l, Inc., the Ninth Circuit Court of Appeals determined Read More

Tackling discrimination by Aberdeen University Students’ Association

Posted

Lindsays aids the further advancement of equality law in Aberdeen University Students’ Association case On the back of successfully supporting a group that was refused affiliation by the Glasgow University Students’ Representative Council earlier in the year, Lindsays’ Partner, Brent Haywood has now assisted the Aberdeen Life Ethics Society (ALES) who were also refused affiliation by the Aberdeen University Students’ Read More

Illinois Biometric Policy Law Does Not Require Proof of Actual Damages

Posted

Attention businesses operating in Illinois: If you use a person’s “biometric” data for things like timekeeping or security, you must have a written policy under which you: (1) obtain written consent, (2) store the data confidentially and (3) destroy the data no later than three years after the last interaction with the person. If you fail to do so, you face statutory penalties Read More

Non-execs must open their eyes to insolvency risks

Posted

This article by Brent Haywood, Partner and Solicitor Advocate in our Dispute Resolution and Litigation team, appeared in the Friends of The Scotsman on Monday 11 March. Non-executive directors are increasingly finding themselves on the receiving end of insolvency litigation. It’s therefore essential they understand the duties and liabilities they’re taking on when they join a board. Too often they don’t. There Read More

Freedom of expression in the world of higher education

Posted

The recent EHRC guide aims to clarify the law to reduce conflict where people find their views are clashing. “They may take away our lives, but they'll never take our freedom!” Stirring stuff from Mel Gibson starring as William Wallace in the 90s film, ‘Braveheart’. In its recent publication “Freedom of expression: a guide for high education providers and students’ Read More

KEY LOCAL AGENCY TRANSPARENCY RULES APPLY TO CHARTER SCHOOLS, ACCORDING TO ATTORNEY GENERAL

Posted

After seven years of consideration, the California Attorney General recently issued his opinion that longstanding local agency laws require charter schools to comply with the open meeting and records rules of the Brown Act and Public Records Act, and the conflict of interest disclosure and restrictions of the Political Reform Act.  For the vast majority of charters in the state, Read More

Alan J. Bozer, Joanna J. Chen Co-Author When the Whistle Blows in the White Collar Corner Section of The Daily Record

Posted

White Collar Corner: When the Whistle Blows Imagine the scenario: You are in-house counsel for an organization, and you receive reports that government agents have contacted multiple employees at their personal residences. The U.S. Department of Justice then issues a subpoena to investigate po­tential False Claims Act (FCA) claims. You have good reason to suspect the claims have been brought forward Read More

When can a Telecoms Operator gain compulsory access to your site?

Posted

At the end of 2017, the rules governing telecoms operators changed. Among other things, the new rules set out the conditions on which a telecoms operator can take access to a piece of land even when the occupier of the land does not agree. How the new rules will be enforced in practice is to some extent a matter for Read More