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

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As a result of the frequency of its occurrence in food products, acrylamide has become a favored target for the private law firms that bring cases against companies for failing to provide Proposition 65 mandated warnings. In 2020, there were some 453 Notices of Violation involving alleged acrylamide-related violations served, many of them naming multiple violators. In the first quarter of 2021 alone, there were 109 such Notices.

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Since the inception of California’s Anti-SLAPP statute, federal courts have grappled with how to adapt the law for application in federal proceedings. Federal courts sitting in diversity apply the substantive law of the jurisdiction in which they sit, but not the procedural law. The source of the shifting jurisprudence is the reality that the substance of the Anti-SLAPP law is to a large degree the procedure it imposes that allows for courts and litigants to quickly resolve a “Strategic Lawsuit Against Public Participation” (what the acronym “SLAPP” stands for), while minimizing the burden on the moving party by imposing a discovery stay, and providing for fees for a successful movant.

Vaccinations in the workplace

Balancing risk and opportunity

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At long last, all adult Americans have access to the COVID vaccine. This raises new questions regarding employers’ ability to mandate vaccinations, what type of liability they may face with respect to unvaccinated employees contracting or spreading COVID, and what rights employees have to access vaccinations. This article examines these issues and concludes that while mandating vaccinations is likely legally defensible, other approaches may limit legal liability while also avoiding major headaches.

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The deposit is a standard and integral term in buy-sell agreements, whether in an asset purchase agreement (an “APA”) or stock purchase agreement. The focus here will be APAs, since they are used for the vast majority of automobile dealership buy-sells.

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On April 1, 2021, the US Supreme Court issued a unanimous decision in a highly anticipated case regarding the definition of automatic telephone dialing systems (“ATDS”) under the Telephone Consumer Privacy Act (“TCPA”). The decision authored by Justice Sotomayor narrows the definition of an ATDS and could have a major impact on how businesses may market to consumers using telephone voice and text.

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On January 20, 2021—his very first day in office—President Joe Biden issued an executive order directing agencies to review numerous actions taken by the previous administration. One item under review is the Trump Administration’s revocation of a waiver allowing California to set its own vehicle-emission standards. Although twenty states sued the Trump Administration for that action, President Biden has asked the courts to pause litigation while his administration reviews the waiver revocation.

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A lis pendens is a powerful legal tool, which unfortunately is often misunderstood by professionals and lay persons alike. It does not prevent the sale or transfer of title to real property, does not make such transfers void or even technically encumber real property. It simply gives notice to the world of a pending legal action involving real property. Latin for ‘suit pending’, use of the term lis pendens is a holdover from legal concepts first conceived in ancient Rome. Modernly, the terms ‘notice of pendency of action’ or even ‘notice of pending action’ while still clumsy, are more readily recognized. Giving notice of a pending legal action can be essential to effectively safeguarding real property during litigation, despite the awkward language.

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The state of California has selected the inaugural board members of the new California Privacy Protection Agency approved by California voters during the November 2020 election. The new board members come from a variety of backgrounds, including private legal practice, academia, and nonprofits.

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Scali Rasmussen Shareholder Monica Baumann has been selected as an honoree in the Los Angeles Business Journal special supplement recognizing the city's most influential women attorneys. The Journal's Publisher and CEO Josh Schimmels writes, "Los Angeles is truly a national leader when it comes to influential women – and the field of law is no exception." The women named in the special issue "have been recognized for exceptional legal skill and achievement across the full spectrum of responsibility, exemplary leadership as evidenced by the highest professional and ethical standards, and for contributions to the Los Angeles community at large."

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