On behalf of Burkhalter Kessler Clement & George LLP | Nov 22, 2016 | Contract Disputes
Most California business owners understand the importance of clarifying state and federal laws and understanding all related terms before entering any type of legally binding agreement. Even when a business owner has taken all appropriate steps to protect bottom line...
On behalf of Burkhalter Kessler Clement & George LLP | Nov 16, 2016 | Business Litigation, Firm News
In legal terms, RICO stands for the Racketeer Influenced and Corrupt Organizations Act, and refers to violations of 18 USC Chapter 96. RICO cases refer to the prosecution and defense of individuals who engage in organized crime. Although almost exclusively prosecuted...
On behalf of Burkhalter Kessler Clement & George LLP | Nov 15, 2016 | Auto Dealership Law
A recent Court of Appeals decision, Goglin v. BMW of North America, LLC, et al. reveals the risk to the dealer of failing to quickly settle a consumer demand for restitution under the Song-Beverly Act. BMW and the dealer recently lost an appeal of an award of over...
On behalf of Burkhalter Kessler Clement & George LLP | Nov 14, 2016 | Labor And Employment Law
In a recent decision, which affects all employers in California, the Federal Ninth Circuit Court of Appeals in the case of Morris v. Ernst & Young, LLP, — F.3d —- (2016) recently outlawed the use of mandatory class action waivers in arbitration...
On behalf of Burkhalter Kessler Clement & George LLP | Nov 11, 2016 | Labor And Employment Law
Under the Fair Labor Standards Act (“FLSA”), employers must track and record time for non-exempt (i.e., overtime-eligible) employees. To be classified as exempt, the employee’s job generally must satisfy both a salary basis test and a duties basis...
On behalf of Burkhalter Kessler Clement & George LLP | Nov 10, 2016 | Labor And Employment Law
It is becoming increasingly common for disgruntled employees to air their employer’s dirty laundry on social media sites like Facebook, and in so doing, publicly share unflattering information about his or her employer that it wants to remain private. For...
On behalf of Burkhalter Kessler Clement & George LLP | Nov 9, 2016 | Business Litigation
California Code of Civil Procedure section 128.5, dormant since 1995, was revived on January 1, 2015 and authorizes the imposition of monetary sanctions against parties and their counsel for litigation “actions or tactics” that are frivolous or solely...
On behalf of Burkhalter Kessler Clement & George LLP | Nov 7, 2016 | Business Litigation
Regardless of whether a California business is a small, family-run operation or a huge corporation known worldwide, situations often develop that cause tremendous legal problems for those involved. Some time ago, news of a huge scandal concerning an American...
