Understanding Waiver of Arbitration Rights in California: Analysis of Quach v. California Commerce Club, Inc.

In Quach v. California Commerce Club, Inc., the Supreme Court of California delivered a landmark ruling on the waiver of arbitration rights, aligning California's standards with recent federal precedents. The Court's detailed analysis and reasoning provide critical insights into how waiver of arbitration rights will be evaluated moving forward.
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What counts as selling securities “to the public” that may require registration under New York Blue Sky laws?

In People v. Landes, 84 NY2d 655 (1994), the New York Court of Appeals clarified when an offering or selling of securities is “to the public” This is significant because if the sale is to the public, it will be subject to registration requirements under New York's Blue Sky Law.
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Breach of Implied Duty of Good Faith and Fair Dealing: What is It and How to Assert One in Commercial Litigation?

Contracts play an important role in the allocation of business risks in commercial transactions. Some of them can be simple, consisting of just a few pages. Others can feature more complexity and reach over 100+ pages. The contract can be between a homeowner and contractor for a new kitchen remodel. Or it...
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Jury Convicts Ex-Theranos Founder and CEO Elizabeth Holmes Of Fraud

California jurors convicted Theranos Inc. founder and CEO, Elizabeth Holmes, 37, on four counts of criminal fraud on January 3, 2022. This decision came after 15 weeks at trial and more than 50 hours of deliberation over a multi-million dollar scheme to defraud investors. The U.S. District Court for the Northern District...
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Automatic Renewal Laws in California & New York

California and New York implemented automatic renewal laws (ARLs) by enacting stringent negative option contracts requirements, including a first-ever cancellation requirement. Given the increased emphasis on ARL compliance by plaintiffs and public departments in both states, retailers should ensure that their practices adhere to these heightened standards. New York...
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Meta Sued by Investors for Alleged Teen Mental Health Damage

Meta Platforms, Inc., formerly known as Facebook, Inc., is on the receiving end of an investor-led class-action lawsuit over its alleged failure to disclose internal study results indicating Instagram's detrimental impact on teen mental health. The case also complains that the company downplayed these findings. Investors submitted their petition...
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Force Majeure Clause in California Commercial Contracts

Force majeure clauses in California commercial contracts shift performance loss risk from one party to another if an uncontrollable, unforeseen event occurs, such as the COVID-19 pandemic. Generally, the force majeure clause's terms and conditions define the effect and scope, providing a contractual defense in the event of a related...
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