The California Legislature enacted the Homeowner Bill of Rights (“HBOR”) in 2012 to provide protection for homeowners facing non-judicial foreclosure and to modify certain aspects of the foreclosure process. Many (but not all) HBOR statutes were scheduled to sunset on January 1, 2018. Of the statutes that were scheduled to sunset, many (but not all) were replaced by parallel statutes… Read More
On April 30, 2018, the California Supreme Court clarified the landscape for California employment law. The Court announced a new three-pronged “ABC” test which must be used to determine whether a worker is an independent contractor or an employee. The impact of this new legal framework is immediately clear for the gig economy but its reverberations will be felt throughout… Read More
On August 29, 2018, Genevieve Walser-Jolly presented a live webinar with the Knowledge Group on emerging issues under the Telephone Consumer Protection Act. She looked at post-ACA Int’l developments on what constitutes an automatic telephone dialing system, contractual versus gratuitous consent, and recycled cell phone numbers. https://www.theknowledgegroup.org/webcasts/litigation-and-compliance-issues/ Read More
Severson & Werson Elevates Three OCBA Members Severson & Werson announced the elevation of six attorneys as its newest Members, three of whom are OCBA members David Berkley, Genevieve Walser-Jolly, and Matthew Garfinkle. Since joining Severson and Werson in 2012, Berkley has worked diligently in the Firm’s financial services group. His breadth of experience is wide, including mortgage litigation, TCPA, FDCPA, and banking… Read More
View the SW Summer 2018 Newsletter Since its founding over 70 years ago, Severson & Werson has gained a reputation for providing specialized advice, legal services, and expertise to financial institution clients. The services we provide run the gamut from litigation to regulatory matters to client counseling, legislative affairs, and formulating and implementing nationwide strategies for consumer class action defense.… Read More
Under the federal Fair Labor Standards Act (FLSA), employers may invoke the so-called de minimus rule to avoid paying employees for up to 10 minutes of “off the clock” work per day. Not so under California law, the California Supreme Court held in Troester v. Starbucks Corp., a decision issued on July 26, 2018. Troester holds that at least when an employer requires its… Read More
Severson & Werson is pleased to announce the elevation of six attorneys as its newest Members. This class brings a wealth of financial services, insurance, employment, litigation, and trial expertise. Duane Geck, the Firm’s Co-CEO, acknowledged the achievements of these new Members: “We recognize the promise of six outstanding attorneys from across our practice areas and offices. These attorneys represent… Read More
An Le was an infant when she and her family fled Saigon near the end of the Vietnam War. Despite major setbacks, she raised two kids as a single mom and became a successful attorney. Son TaeVeon will play football as a freshman at Stanford, and daughter Tiana, at age 15, is already a veteran actress on TV dramas. Continue… Read More
In Saunders v. Dyck O’Neal, Inc., No. 1:17-CV-335, 2018 WL 3453967 (W.D. Mich. July 16, 2018), defendant argued that its “direct drop” voicemails are not covered by the Telephone Consumer Protection Act (“TCPA”). The court disagreed and denied Dyck O’Neal’s motion for summary judgment. Id. at *1. Continue Reading: Direct Drop Voicemails Covered by the TCPA Read More
While businesses have been largely focused on the European Union’s implementation of the General Data Protection Regulation (“GDPR”) of late, California took its own first steps into the new frontier of consumer privacy and data protection as Governor Jerry Brown signed Assembly Bill 375, dubbed the “California Data Privacy Protection Act” on June 28, 2018.1 The Act is scheduled to… Read More
