Articles, news & events

Read the latest news from Scali Rasmussen, including legal alerts and event listings.

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Los Angeles County issued a temporary stay at home order on November 27, 2020 that will be effective Monday, November 30 and last through December 20. The order further limits business in the county and prohibits all gatherings of individuals from different households.

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Among the most important features of the CCPA is that it vests most of the law’s enforcement with the California Attorney General’s Office. That means that private plaintiffs may not enforce most of the law’s provisions. This article looks at the tea leaves regarding the Attorney General’s enforcement to see what the future may hold.

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As of November 6, 2020, it appears that California voters have approved Proposition 24, which will expand the reach and enforcement of the already groundbreaking California Consumer Privacy Act. With three-quarters of the anticipated votes counted, the measure is up by 1.5 million votes, a lead that is unlikely to be overtaken.

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Scali Rasmussen Founder and Managing Partner, Christian Scali, is once again recognized as a nominee for the Los Angeles Business Journal's 2020 'Leaders in Law Awards.' The journal's Publisher and CEO, Josh Schimmels, states "the nominees have made great accomplishments within their organizations and communities and it is a privilege to recognize all the law professionals for their ongoing efforts and contributions in our Los Angeles market."

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Earlier this year the Department of Defense rescinded its guidance effectively prohibiting the sale of GAP contracts to “covered” military borrowers. This is a victory for service members and their families, who will once again have access to financial products that protect them in the event of a total vehicle loss. This article covers the remaining requirements regarding the Military Lending Act and how dealers should design their compliance.

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Data breaches continue to be among the biggest risks that businesses face today. This is due to both the prevalence of bad actors that seek to access and use consumer data for criminal purposes, as well as laws, such as the CCPA, that allow consumers to bring private actions against businesses for a data breach. One of the simplest steps a business can take to prevent a data breach is to limit access to sensitive data.

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As we previously reported, last year, the California legislature passed AB 5, which codified the “ABC Test” under the Dynamex case to determine whether a worker qualifies as an independent contractor. Under the ABC Test, a worker is presumed to be an employee unless the employer can show that: A) the worker is free from the direction and control of the hiring entity, B) the worker performs work that is outside the hiring entity’s main business; and C) the worker normally performs work in an independent business or occupation that is in the same area as the work that the worker is performing for the hiring entity. AB 5 carved out some exceptions to application of the stringent ABC Test, under which the previous (and more lenient) test under the Borello case applies. Now, AB 2257, which took effect immediately, expands and clarifies AB 5’s previous provisions as follows...

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On September 28, 2020, Governor Newsom signed AB 1731 as urgency legislation that took effect immediately. This bill, among other things, adds Section 1279.7 to the Unemployment Insurance Code to create an expedited process for employers to be approved for work-sharing programs. The bill states that, according to many economists, work sharing programs are much better options than laying off workers, as these programs keep workers in their jobs, let employers cut their hours, and provide for benefits that allow workers to backfill their lost wages.

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Governor Newsom signed two new laws at the end of the legislative session this year that modify the California Consumer Privacy Act (CCPA). Most crucially for the majority of businesses in California, one of the laws extends the temporary employee and business-to-business (“B2B”) exemptions from the definition of “Consumer” in the CCPA. The second changes how businesses must treat health privacy.

Scali Rasmussen Partner Monica Baumann quoted today in Automotive News

California's fossil fuel ban likely in for long fight

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Within 15 years, the nation's largest auto market would stop selling new passenger cars and trucks with internal combustion engines under an executive order signed last week by California Gov. Gavin Newsom. Scali Rasmussen Partner Monica Baumann explained to Automotive News that the move is the first step in what will be a long fight over the state's authority to set vehicle-emission standards.

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