During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

Articles

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

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

In 1963, Congress enacted the Equal Pay Act (29 U.S.C. § 206(d)(1)), requiring equal pay for equal work regardless of sex. Under the Act, an employer may justify paying male and female employees different wages for substantially equal work only by showing that the disparity in pay is explained by a seniority or merit system, a system basing earnings on… Read More

A copy of Erik Kemp's and Scott Hyman's article "The Consumer Financial Protection Bureau Regulates Pay-by-Phone “Convenience” Fees", CFSC Newsletter: ABA Business Law Section, (March 2018) can be found here:     https://www.americanbar.org/content/dam/aba/administrative/business_law/newsletters/CL230000/full-issue-201803.authcheckdam.pdf Read More

Compliance has been a top concern for mortgage professionals for the past several years. From implementation and technological difficulties to being left in a state of uncertainty—how can the industry keep focus on the core mission of serving the housing market and making the American Dream more accessible? Continue Reading: A Balancing Act with Compliance Regulation Read More

View the SW Winter 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, legislative affairs and formulating and implementing national strategies for such things as defending consumer class action… Read More

The Ninth Circuit recently determined, in Pinnacle Rest. at Big Sky, LLC v. CH SP Acquisitions, LLC (In re Spanish Peaks Holdings II, LLC), 862 F.3d 1148 (9th Cir. 2017), that a sale of real property free and clear of liens and interests under Section 363(f) of the United States Bankruptcy Code, 11 U.S.C. § 363(f) (“Section 363(f)”), can terminate… Read More

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