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 …

Your Arbitration Agreement Might Not Do What You Think It Does

Horst Legal CounselADR, Employment Law, Employment Litigation

If your company uses a standard employment arbitration agreement, the California Court of Appeal just handed you a reason to pull it out and read it carefully. Not because of a federal statute that’s been generating headlines. Because of California’s own unconscionability doctrine, applied with a level of specificity that should make any employer uncomfortable if the last time anyone …