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California Litigation Update: Q&A with Matthew Righetti
California has a major influence on many business trends in the United States, and franchising law is no exception. Two recent court decisions in the state could have a significant effect on how franchises classify their employees for overtime purposes. Additionally, a citizen referendum that is on the November ballot could change how franchises (and all private businesses) are exposed to lawsuits. In this Q&A, Matthew Righetti, a partner in Righetti Wynne, based in San Francisco, talks about the potential impact of these developments in the context of the general business environment in the state. Righetti represented the plaintiffs in Sav-On Drugstores v. Superior Court, which is discussed below.
FBLA: In August 2004, the California Supreme Court issued a decision in Sav-On Drugstores v. Superior Court. What's your assessment of the impact of this decision on overtime class action lawsuits in California?
Righetti: This case provides much welcomed guidance for the trial courts in these cases. The Supreme Court confirmed that where an employer has categorically classified a readily identifiable group of employees as “exempt” from the overtime laws, then the trial court's decision to certify the class action should not be disturbed. The court rejected Sav-On's argument that employers should be allowed to defend overtime claims individual-by-individual after making a class-wide exemption classification. If the employer makes a decision that affects a class of workers, then the employer should be prepared to defend the decision on a class-wide basis.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.