Class Cert Granted in Rite-Aid Uniform Reimbursement Case

On June 14, 2020, Judge Lucy H. Koh of the United States District Court for the Northern District of California granted Plaintiffs’ motion for class certification in Kristal Nucci, et al. v. Rite Aid Corporation, et al. Plaintiffs filed this case on March 19, 2019, against Rite Aid Corporation (“Rite Aid”) for failure to indemnify […]

California Consumer Privacy Act

Blog Post Authors: John Roberts (jroberts@sfmslaw.com); Alec Berin (aberin@sfmslaw.com) As discussed in a prior entry, the California Consumer Privacy Act (“CCPA”) was set to go into effect beginning January 1, 2020 (https://www.sfmslaw.com/2019/11/19/ca-bill-protecting-consumers/).  California Attorney General, Xavier Becerra, recently issued an advisory for California consumers highlighting their new rights.  The new advisory specifically identifies the following rights: Right […]

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Samsung to Pay Apple $538.6M for copying Intellectual Property

On May 24, 2018, after four days of deliberation, an eight-member federal jury in the United States District Court for the Northern District of California found that Samsung infringed on eight of Apple Inc.’s (“Apple”) patents relating to their smartphone technology. Specifically, the jury awarded $533.3 million for infringement on three design patents for the […]

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McDonald's Appeals Class Certification

McDonald’s Corporation (“McDonald’s,” or the “Corporation”) is appealing to the Ninth Circuit the District Court’s certification of a class of more than 800 franchise workers who allege they weren’t properly compensated. Plaintiffs claim managers violated the Fair Labor Standards Act by editing employees’ time sheets to reduce hours, refusing to pay overtime, and banning meal […]

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HealthFirst Successfully Dismisses Lawsuit Concerning Allegations

HealthFirst Inc. (“HealthFirst”), a nonprofit healthcare insurance provider based in New York, is the subject of a qui tam lawsuit for allegedly violating the False Claims Act (“FCA”). A whistleblower is claiming that HealthFirst gave kickbacks and other incentives to doctors to encourage them to refer patients to HealthFirst. It is alleged that doctors were […]

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Uber Employees Brought Back Into Arbitration

In late July 2016, drivers for Uber Technologies Inc. (“Uber” or the “Company”) lost their bid to have a Maryland federal judge reverse his earlier ruling that the dispute must proceed in arbitration. The drivers filed a class action suit in Maryland late last year, spearheaded by the named Plaintiff, Elizabeth Varon, alleging that they […]

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Unfair’ Noncompete Agreements Can Harm Workers

A report was recently released by the Obama Administration illustrating a link between “unfair” noncompete agreements and low worker job mobility, worker bargaining power and entrepreneurship. The administration highlighted concerns regarding the unnecessary use of noncompete clauses in situations in which workers already have less bargaining power, or when the policies are so broad that […]

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Plan Managers Must Investigate ERISA Participation

              The Employee Retirement Income Security Act (“ERISA”) protects retirement assets to bring reliability and fiscal safety to millions of future retirees. ERISA sets minimum standards regarding participation, vesting, eligibility, and requires fiduciaries to ethically protect and manage retirees’ assets. Plans covered under ERISA include, but are not limited to, 401(k)s, pensions, and employee […]

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Wave of FINRA Arbitration Claims Expected From Bad Bets on Energy

Investors across the country have been shocked to see the real impact that the dropping price of oil has had on their retirement savings. Many investors do not closely monitor their retirement funds and only become aware of the losses incurred when reviewing their year-end statements or when filing tax returns in April with their […]

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Ninth Circuit Undoes Arbitration Order, Citing ‘Sham’ Contract

The Ninth Circuit recently overruled an arbitration clause that would have forced ItalFlavors LLC to arbitrate its claims against Caffe Vergnano USA Corporation in a case arising from a failed venture to open a Caffe Vergnano franchise in Caifornia. The Ninth Circuit’s three-judge panel ruled 2-1 that the agreement to arbitrate claims cannot be enforced […]

A Message to Our Clients About Coronavirus COVID-19:
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A Message to Our Clients About Coronavirus COVID-19

At Shepherd, Finkelman, Miller & Shah, LLP, we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy. As a result, our lawyers and staff are working remotely in accordance with the CDC's recommendations. We continue to work for all of our clients and are happy to arrange for phone or video consultations. We are also able to exchange documents via secure drives or email.

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