Category - ADR

1
Proof or It Did Not Happen: California Court of Appeal Rules on Electronic Signature Authentication
2
UPDATE – Court Rejects Uber’s Proposed $100 Million Settlement
3
Courts of Appeal are Reining in Ambiguous Settlement Offers
4
Arbitration Update: An Overview of Recent California Appellate Decisions

Proof or It Did Not Happen: California Court of Appeal Rules on Electronic Signature Authentication

By: Ashley Verdon and Neil Eddington
September 30, 2016

If you belong to one of the ever-increasing number of businesses using electronic signatures, then it might be time to review your authentication security procedures in place.   As electronic signatures become the norm in conducting business, California courts are busy with cases challenging their enforceability.  Recently, in Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, the Second District Court of Appeal ruled that an employer sufficiently authenticated an employee’s electronic signature to an arbitration agreement.  In doing so, the court offered some clarity as to what evidence is necessary to enforce an electronic signature under the Uniform Electronic Transmissions Act (“UETA”).  (Cal. Civ. Code §1633.)

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UPDATE – Court Rejects Uber’s Proposed $100 Million Settlement

By: Chelsea L. Zwart
September 30, 2016

In May 2016, Chapman Glucksman Dean Roeb & Barger published an article entitled, “$100 Million Uber Settlement Maintains Classification of Drivers as Independent Contractors,” which discussed a potential $100 million settlement related to a class-action reclassification suit against the on-demand driver service, Uber, brought on behalf of its drivers.  The settlement, if approved by the Court, would maintain classification of the drivers as independent contractors rather than employees, resulting in significant future savings to Uber.

The plaintiffs and the California Labor and Workforce Development Agency estimated that the Private Attorneys General Act (“PAGA”) portion of the class action could result in civil penalties of over $1 billion for violations of the California Labor Code.  However, the proposed settlement only allocated approximately $1 million to the PAGA claim. On August 18, 2016, Judge Edward Chen of the United States District Court for the Northern District of California issued an order rejecting the proposed settlement, stating that it “is not fair, adequate, and reasonable,” particularly given that the proposed settlement of the PAGA claim was only “.1% of its estimated full worth.”

Judge Chen commented that he expects his order to be appealed, and thus we will continue to monitor the case and provide updates as developments unfold.

Courts of Appeal are Reining in Ambiguous Settlement Offers

By: Craig A. Roeb and Heather M. Patrick
Published by the Daily Journal

California Code of Civil Procedure Section 998 establishes a procedure to shift costs if a party fails to accept a reasonable pre-trial settlement offer. The statute has generally been considered an effective tool to force parties’ hands to settle by encouraging resolution and avoiding needless litigation and trials.  Barba v. Perez, 166 Cal. App. 4th (2008).  However, recent case law demonstrates that they must be carefully planned and composed, or else risk judicial nullification.  Download Full Article

 

Arbitration Update: An Overview of Recent California Appellate Decisions

A Primer on the Evolving Case Law Governing the Enforceability of Arbitration Clauses

By: Richard H. Glucksman, Craig A. Roeb and Grace A. Nguyen
Published in California Lawyer – Download Article
December 4, 2015

Arbitration is a common procedure for dispute resolution—specific clauses requiring arbitration frequently appear in both commercial and consumer contracts. Even so, lawyers continue to battle over when and how arbitration can be invoked. Those skirmishes have produced a flood of recent appellate decisions that has greatly transformed the availability and enforceability of arbitration.

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