When Cal/OSHA Comes Knocking, “They’re Not Our Employees” Won’t Stop the Subpoena

Horst Legal CounselEmployment Law, Litigation

A worker dies on the job. A state safety agency wants to know what happened. You believe that worker was an independent contractor rather than your employee, so you decide the agency has no business in your files and you refuse its subpoena. A California appellate court just explained, in unsparing terms, why that decision is a trap. The case …

Generative AI Wrote the Brief, and the Lawyers Who Signed It Paid the Price

Horst Legal CounselAI, AI & Legal Ethics, AI & Legal Technology

If your business relies on generative AI to produce work that gets filed, sent, or signed under your name, a California appellate court just answered the question that matters: when the output is wrong, who pays? Not the software. Not the contractor who ran it. You. That’s the lesson of Quinteros v. Harbor Distributing, LLC (Cal. Ct. App., 1st Dist., …

In California, a Background Check Class Action No Longer Needs a Victim

Horst Legal CounselAppellate Law, Business Litigation, Employment Litigation

If your company runs background checks on job applicants, you’ve probably been told the real exposure under the federal Fair Credit Reporting Act (FCRA, the law governing how employers obtain and use consumer background reports) comes from people who were actually hurt. Someone denied a job over a bad report. Someone whose private information leaked. A recent decision from California’s …

A Competitor Gutted a Rival’s Branch From the Inside. A California Court Just Revived the Lawsuit.

Horst Legal CounselBusiness Litigation, Employment Litigation

If a competitor has ever tried to hire away one of your teams, you know the real damage is rarely limited to the people who leave. It is the customers who follow them, the deals already in the pipeline, and the confidential information that walks out the door alongside them. The hardest version of this is when the raid is …