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 …

California Courts Can Now Ask Why You Keep Firing the Judge

Horst Legal CounselAppellate Law, California Regulatory Law

Picture a lawsuit where the other side doesn’t like the judge. Not because the judge ruled against them on the merits, but because the judge once held them accountable. So they make the judge go away. Not from one case, but from every case like yours, filing the same boilerplate paperwork over and over until the court has no choice …

California’s “Actually Viewed” Defense Just Died in Data Breach Cases

Horst Legal CounselBusiness Litigation, California Regulatory Law, Digital Law

If your company handles other people’s sensitive data through a software vendor, two questions are now urgent. First, can you still rely on the longstanding California defense that says no liability attaches unless an unauthorized party actually viewed the data? And second, when a vendor sits between you and the end users whose information was exposed, who exactly has the …

When the Memo Line Won’t Save You: A California Court of Appeal Lesson on Reviving Time-Barred Debts

Horst Legal CounselBusiness Litigation

If your business is sitting on an old written loan that the borrower never repaid, and the only thing keeping your hopes alive is a couple of small, sporadic payments that arrived years after the due date, the California Court of Appeal just handed down a decision you should read carefully. Not because it broke new ground. Because it confirmed, …

The Coastal Commission Just Lost Its Biggest Jurisdictional Fight in Forty Years

Horst Legal CounselReal Estate Disputes, Real Estate Law

If you develop, invest in, or hold property along California’s coast, you already know the California Coastal Commission has enormous influence over what gets built and what doesn’t. For decades, the Commission has exercised broad appellate authority over local permitting decisions, sometimes overriding county approvals on jurisdictional grounds that property owners had limited ability to challenge. The California Supreme Court …