Articles, news & legal alerts

Read the latest news from Scali Rasmussen, including legal alerts and event listings.

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California passed a law in March of 2021 that allowed employees to take up to an additional 80 hours of supplemental COVID paid sick leave, if they met certain requirements. This law expires on September 30, 2021, and the Legislature did not pass any new legislation extending by the deadline for the Regular Session. This means that except in specific circumstances discussed below, employers will not be required to provide their employees with supplemental COVID paid sick leave starting October 1, 2021.

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On September 9, 2021, President Biden announced that he was directing the Department of Labor’s Occupational Safety and Health Administration (OSHA) to adopt Emergency Temporary Standards requiring many employers to mandate that their employees are vaccinated for COVID or tested weekly for COVID. The mandate will apply to employers with 100 or more employees and is expected to apply to nearly 80 million workers.

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Scali Rasmussen Founder and Managing Shareholder Christian Scali has been recognized as a 'Visionary' in Business of Law: Trends, Updates & Visionaries, a special feature published this week by L.A. Times B2B Publishing. Attorneys were recognized as visionaries "for their contributions and leadership within their organizations, the legal field, and the community at large," the feature says.

Data security dos and don’ts

How to make a strong password

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Passwords are ubiquitous. We use them to access everything from our bank accounts and sensitive business documents, to our social media and online memberships. The most secure passwords are a series of random numbers, letters, and characters. Using these types of passwords can present practical challenges, though, because they are easily forgotten and difficult to enter correctly. Further, because passwords are such a common part of our lives, we can too easily fall into bad habits that put business or personal information at risk.

California 998 settlement offers

Recent case law & how to make sure your offer will be upheld in court

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California law provides parties with the opportunity to make a settlement offer without fear of incurring additional fees and costs if the case goes to trial and a less favorable judgment is awarded. That opportunity is found in Code of Civil Procedure section 998. While 998 offers are common in litigation, different issues periodically arise that require judicial review. Two recent appellate decisions provide insight into how to ensure the court will uphold your 998 offer, while also reminding us that 998 offers have very specific requirements to be valid.

Lemon lawsuits and joint defense agreements

An ounce of prevention is worth a pound of cure

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The last ten years have seen a steep upward trend in the number of lemon lawsuits filed in California. In Los Angeles County alone, the number of lemon lawsuits doubled between 2015 and 2019 and are currently estimated to compromise 10% of the Los Angeles County Superior Court’s civil litigation docket. These numbers are particularly troubling when you consider that over the same period, the reliability of new cars increased substantially. According to Consumer Reports, between 2013 and 2018 new cars saw a 2% decrease in both major and minor engine problems and similar decreases for problems with transmissions, fuel systems, climate systems, suspension and brakes. One notable exception to this downward trend in reported problems with new car systems is in-car electronics, for which problem issues have remained largely flat. When taking into consideration the rapid deployment of new technology for in-car electronics over the same time period, even the outlier flat trend line for problems with in-car electronics issues is demonstrative of an across the board increase in car manufacturing standards and reliability.

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In today’s unique market, many dealers are considering their buy-sell options. Getting a sense of the value of the business is the typical starting point. Brokers and investment bankers who focus on dealership transactions are quick to point to rules of thumb, especially the earnings multiplied by a multiple, where the multiple is based entirely on the franchise represented by the dealer. But this approach alone does not account for the wide variety of variables that are involved, nor does it deal with dealership real estate. While the earnings-times-multiple approach provides a quick gauge of value, both sides of this mathematical equation deserve some further attention.

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