Whistleblower Lawsuits Continue to Grow in 2014

Whistleblower Lawsuits Continue to Grow in 2014

Audet & Partners, LLP reports that the U.S. Securities and Exchange Commission ("SEC") has released its report on whistleblower complaints for Fiscal Year 2014 which ended on S ...

Apple iMessage Lawsuit Ruling Sustains Wiretap Act Claims

Apple iMessage Lawsuit Ruling Sustains Wiretap Act Claims

Audet & Partners, LLP has obtained a favorable ruling against Apple in a lawsuit claiming that Apple violated federal law by intercepting text messages sent to former iMessage ...

Silver Price Fixing Lawsuit Brought Against Major Institutions

Silver Price Fixing Lawsuit Brought Against Major Institutions

Audet & Partners, LLP reports that a number of major financial institutions have been sued based on allegations that they illegally conspired to artificially inflate the price ...

Ruling Holding Independent Contractors to Be Employees Challenged

Ruling Holding Independent Contractors to Be Employees Challenged

Audet & Partners, LLP reports that a recent ruling by the Ninth Circuit Court of Appeals holding truck drivers to be employees rather than independent contractors of Affinity L ...

PAGA Claims Sent to Arbitration by Federal Court

PAGA Claims Sent to Arbitration by Federal Court

A federal court in California has looked to the Federal Arbitration Act in upholding mandatory arbitration agreements as a bar to employment claims under the California Private Att ...

Private Attorneys General Act Lawsuits Not Barred by Arbitration Clauses

Private Attorneys General Act Lawsuits Not Barred by Arbitration Clauses

Audet & Partners, LLP reports that a new opinion issued by a California appellate court has revived employment claims brought by a workers under the California Private Attorney ...

New Contractor Law Heightens Protection for California Contractors

New Contractor Law Heightens Protection for California Contractors

Audet & Partners, LLP reports that Gov. Jerry Brown of California has signed into law Assembly Bill 1897 that now makes most companies with 25 or more employees strictly liable ...

Whistleblower Lawsuits Continue to Grow in 2014

Audet & Partners, LLP reports that the U.S. Securities and Exchange Commission ("SEC") has released its report on whistleblower complaints for Fiscal Year 2014 which ended on September 30, 2014.  The Report stated that the SEC received 3,620 tips from whistleblowers in 2014, an increase from 3,238 in fiscal 2013. Perhaps most interesting is the growth in whistleblower complaints reported from outside th ...

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Apple iMessage Lawsuit Ruling Sustains Wiretap Act Claims

Audet & Partners, LLP has obtained a favorable ruling against Apple in a lawsuit claiming that Apple violated federal law by intercepting text messages sent to former iMessage users who switched to Android or other non-Apple devices.  In the U.S. District Court for the Northern District of California, Judge Lucy Koh denied Apple's Motion to Dismiss claims alleging violations of the federal Wiretap Act. ...

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Silver Price Fixing Lawsuit Brought Against Major Institutions

Audet & Partners, LLP reports that a number of major financial institutions have been sued based on allegations that they illegally conspired to artificially inflate the price of silver.  Deutsche Bank AG, Bank of Nova Scotia, and HSBC Plc are alleged by experienced commodities traders to have colluded to fix the price of silver futures to ensure high returns as part of the London Silver Market Fixing L ...

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Ruling Holding Independent Contractors to Be Employees Challenged

Audet & Partners, LLP reports that a recent ruling by the Ninth Circuit Court of Appeals holding truck drivers to be employees rather than independent contractors of Affinity Logistics Corp. has been appealed to the U.S Supreme Court.  In June, the Ninth Circuit held that delivery drivers had been improperly classified by Affinity as independent contractors based primarily on the degree of control that ...

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PAGA Claims Sent to Arbitration by Federal Court

A federal court in California has looked to the Federal Arbitration Act in upholding mandatory arbitration agreements as a bar to employment claims under the California Private Attorneys General Act (PAGA). Sitting in the U.S. District Court for the Central District of California, U.S. District Judge Jesus Bernal granted a Motion to Compel Arbitration brought by defendant 20/20 Communications, Inc. In so do ...

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Private Attorneys General Act Lawsuits Not Barred by Arbitration Clauses

Audet & Partners, LLP reports that a new opinion issued by a California appellate court has revived employment claims brought by a workers under the California Private Attorneys General Act ("PAGA") despite the fact that the worker had signed a mandatory arbitration agreement in connection with her employment.  Reyna Marie Ybarra v. Apartment and Investment Management Co., case number B245901, in the Co ...

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New Contractor Law Heightens Protection for California Contractors

Audet & Partners, LLP reports that Gov. Jerry Brown of California has signed into law Assembly Bill 1897 that now makes most companies with 25 or more employees strictly liable for specific violations related to compensation, workers' compensation, and occupational health and safety mandates that impact contractors. The new California law, to become effective on January 1, 2015,  protects contractors by ...

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Private Attorneys General Act Lawsuit Viability to Be Considered by U.S. Supreme Court

Within California, an extensive list of employment-related legal violations may be pursued by individuals acting as "proxies" for the California Attorney General in ensuring safe and fair working conditions.  Under this Private Attorneys General Act, or PAGA, the state has set up specific procedures for pursuing these violations, as well as specific penalties to remedy and discouraging these violations. For ...

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Hotel Add-On Fees Prompt Class Action Lawsuits

In an effort to buttress profits similar to hidden charges imposed by airlines for several years, hotels and resorts are increasingly imposing add-on and use fees to customary rates.  These charges may be for "resort fees," charges for mini-bar or in-room snacks, and the like. to the extent that such charges are not clearly transparent to the consumer, the establishment may run afoul of the law and become s ...

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Whistleblower Award Nets $30 Million for Informant

Audet & Partners, LLP has learned that the Securities and Exchange Commission is poised to pay out around $30 million to an individual who called ongoing fraud to the government's attention.  The fraud in question apparently involved illegal investment-related activity that defrauded investors of millions of dollars.  In a formal Order, the SEC stated that the whistleblower award would have been  more s ...

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