Julia Markley

Litigation involving the California Invasion of Privacy Act (“CIPA”) continues to result in disparate outcomes at the trial level, leaving websites and their visitors uncertain about what the law means. Appellate guidance can help resolve this uncertainty. Read more by Crowell's Jason Stiehl, Rachel Lee, and Jacob Canter: https://lnkd.in/d_wFz7_2

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Davis Polk partner Sheila Adams James and counsel Gil Ohana and Caroline Ziser Smith authored “AB 325 and SB 763: Amending the Cartwright Act to address algorithmic price fixing” in the Daily Journal Corporation’s 2026 New California Laws Supplement. In the article, the authors discuss California’s amendments to its antitrust law, the Cartwright Act, to target algorithmic price fixing, lower antitrust pleading standards and increase civil and criminal penalties. Read more: https://lnkd.in/e32zXsR8

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WSHB Partner Andrew Kessler and Senior Counsel Sarah E. Connor achieved a significant victory for a non-profit mental health provider in a protracted legal battle against a pro se plaintiff. The plaintiff, a former employee and inactive California attorney, claimed wrongful refusal to verify clinical hours necessary for licensure, alleging discrimination and fraud.   Our defense team mounted a comprehensive and effective strategy. The firm first prevailed before the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission, both of which found no evidence of discrimination. In parallel, the plaintiff pursued litigation in the Court of Common Pleas of Chester County, Pennsylvania, aggressively pressing claims through extensive pleadings and discovery.   Ultimately, the Court sided with WSHB’s arguments, concluding that the plaintiff failed to substantiate their claims and entered summary judgment in favor of the defendants. Excellent work, Andy and Sarah! 🎉👏   🔗 https://lnkd.in/gy4c-cWB   #WSHBLaw #LegalVictory

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CASE ALERT - The California Supreme Court has granted review in Hearn v. Pacific Gas & Electric Co., a case that could reshape the boundaries between defamation and wrongful termination claims in the employment context. The Court of Appeal had reversed a $2.1 million jury verdict in favor of a former PG&E lineman, holding that his defamation claim was not independently actionable because the harm he alleged—loss of employment—was indistinguishable from a wrongful discharge theory on which he did not prevail. The Supreme Court’s decision to take up the case signals a potential shift in how defamation claims arising from workplace investigations and terminations are treated. The issue to be briefed and argued is limited to: May a terminated employee bring a defamation claim against a former employer when the defamation allegedly contributed to the reasons for the termination of that employment, or must such a claim be pursued under a wrongful discharge theory? _____________________________________ #CaliforniaSupremeCourt #CaliforniaEmploymentLaw #EmploymentLaw #DefamationLaw #WrongfulTermination

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The FixPAGA Coalition, first formed in 2021 to support needed reforms to California’s Private Attorneys General Act (PAGA), today issued the following statement after the release of draft regulations to modify the filings of claims with the state’s Labor & Workforce Development Agency: “We are encouraged by much of what we’ve seen in the Agency’s proposed regulations. The reforms signed into law in 2024 will only be successful if they are carried out with effective regulations.” #NoOnSB310 #PAGA #FixPAGA California New Car Dealers Association California Restaurant Association @caretailers Western Growers https://lnkd.in/dQhXek3h

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What does “civility” really mean in the practice of law? The California Supreme Court recently weighed in, approving a new rule that requires attorneys to annually reaffirm their oath to act “with dignity, courtesy, and integrity,” while declining to adopt proposed amendments that would have defined and prohibited “incivility,” citing First Amendment concerns. This decision marks a pivotal moment in California’s ongoing efforts to promote professionalism and respect within the legal community. Read the full article by Neil J Wertlieb to learn more about what this means for the future of civility in law. https://bit.ly/4opwEtD

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San Francisco partner Rachel Brass has spoken extensively with Commercial Dispute Resolution about a proposed revamp to California antitrust regulation that could change the state’s litigation landscape. “Stricter state laws would create a heightened risk of liability for a broader swath of conduct within California than the rest of the nation,” Rachel noted, adding that “California state courts may see more litigation.” Because those courts have less experience than federal courts in dealing with these kinds of disputes, she said, “Parties litigating in California could face liability for conduct that is not only lawful but considered competition enhancing and [of benefit to] consumers in other states and under federal law.” Rachel is global Co-Chair of our Antitrust and Competition Practice Group and a member of the firm's Litigation Department, where her practice focuses on investigations and litigation in the antitrust, labor, and employment areas. She has extensive experience representing international and domestic clients in high-stakes appellate litigation in the U.S. Supreme Court, as well as in federal and state appellate courts across the U.S. For more about Rachel: https://lnkd.in/guhrNJBe Read the Commercial Dispute Resolution article here (registration required): https://lnkd.in/eAKu3_Vx

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Many business disputes start long before anyone files a complaint. Our article published in California Lawyers Association Business Law News looks at how unclear contract terms create unnecessary conflict, and why careful drafting can save time, money, and relationships. I was honored to co-author this with my former colleague and friend, April Vincent.

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Partner Matthew Richardson was quoted in a Law.com article regarding a record $1.35M fine issued by the California Privacy Protection Agency (CPPA) against Tractor Supply Company for violations of the California Consumer Privacy Act. The CPPA’s decision reflects a growing emphasis on the enforcement of digital privacy laws, particularly around employee data. Richardson discussed the “escalating trend” of privacy regulation and the implications for businesses. “This should concern every business that has any footprint at all in California,” Richardson said. “Failure to have even the simplest privacy policy will result in a fine—potentially not of the size of this, but a relatively large fine. And that's a massive departure from where we've been before.” Read the full article here: https://lnkd.in/e_b2rVyu

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On September 16, Manatt’s Jordan Bromley will speak at The California Copyright Conference’s “Legal Roundup 2025: The Black, the White, and the Gray of Legal Developments of the Past Year” #webinar. The discussion will cover the legal landscape over the past year as it relates to the #music industry. Select topics include: copyright reform and the U.S. Copyright Office, legislation and important court decisions, “fair use,” #artificialintelligence and performing rights organizations. Learn more about this event and register here: https://lnkd.in/eEjyf2i2

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Starting Jan. 1, 2027, California will require certain merger parties to file Hart-Scott-Rodino forms with the state attorney general under the new Uniform Antitrust Premerger Notification Act. With filing fees and stricter penalties than similar state laws, this legislation expands California's merger oversight across all industries.   Read more in this alert: https://lnkd.in/eaRGJ8u5 Michael Murray, Catherine Kordestani, Faven Getahun, Bianca Londres

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In a recent decision, the California Supreme Court held that the 30-day arbitration fee payment rule is not preempted by the Federal Arbitration Act, but, crucially, it cannot be applied in a rigid, automatic fashion. In this alert, Harrison Brown, Ana Tagvoryan, Alexander Newman, and Victor Sandoval summarize the decision and potential implications. Read more: bit.ly/45AqOh2 #FAA #californiasupremecourt #businesslitigation

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