Business Litigation

January 9, 2023 | Business Litigation

Federal Trade Commission Proposed Per Se Ban on Non-Competes in Employment Contracts

Federal Trade Commission Proposed <i>Per Se</i> Ban on Non-Competes in Employment ContractsThe proposed FTC rule would broadly ban employers from imposing non-competes on their workers. The rule, once it becomes final, would supersede California state law, which allows non-competes in limited situations, including when necessary to protect the employer’s trade secrets.
Read More

December 19, 2022 | Business Litigation

California Appellate Court Finds the Economic Loss Rule Does Not Bar Fraudulent Concealment Claims; California Supreme Court to Provide Further Guidance

California Appellate Court Finds the Economic Loss Rule Does Not Bar Fraudulent Concealment Claims; California Supreme Court to Provide Further GuidanceUnder current California law, the economic loss rule does not apply to a plaintiff’s claim for fraudulent inducement by concealment. However, the law may change as the California Supreme Court recently granted the Ninth Circuit Court of Appeals’ request for certification of this precise question.
Read More

November 18, 2022 | Business Litigation

Liquidated Damages in Non-Consumer Contracts: Recent Guidance from Gormley v. Gonzalez

Liquidated Damages in Non-Consumer Contracts:  Recent Guidance from <i>Gormley v. Gonzalez</i>Liquidated damages provisions in non-consumer contracts are deemed valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made.
Read More