Kelly Perigoe

I’m joining a great panel this Weds to talk about how AI has impacted IP, and what it means for companies looking to innovate. Hope you can join us for a great conversation!

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Thank you Claire Solot of the Legal Services Funders Network for bringing her ⭐️ #starpower to our Nixon Peabody LLP San Francisco #ProBono Celebration Lunch. Did you know? According to the State Bar of California •55 percent of Californians at all income levels experienced at least one civil legal problem in their household within the past year. · Californians sought legal help for fewer than one in three legal problems. · Californians received no or inadequate legal help for 85 percent of their problems. · The most common categories of civil legal problems affecting Californians at all income levels are health, finance, and employment. Claire’s organization is trying to bridge this #JusticeGap by bringing together funders from law firms, private foundations, individual donors, legal organizations, corporations, and others to fund solutions! https://lnkd.in/gcS9sTPs Matthew Richards Sharmaine Heng Emery Lewis #legalservices #lawfirm

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Thanks to Law360 for publishing our article on the new privacy litigation trend in California -- Song-Beverly Credit Card Act claims based on online transactions. And thanks to Desirée Hunter-Reay for helping write it. Hopefully, we can nip this trend in the bud before it turns into another CIPA Pen-Trap situation. https://lnkd.in/gvgyrFMz

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Excited to see it in print! My article "From Settlement to Judgment: Enforceability and Procedure Regarding Settlement Agreements Under Code of Civil Procedure 664.6" was published in the California Lawyers Association's Family Law News, Volume 46, Issue 1 (July 2024) [family law attorneys dm me for the full article if you want it]

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Calling all process nerds!! Big things are happening in California Civil Procedure. So many cases, perhaps most, already live or die by fealty to required process or the lack of it. Wiemond and I are excited to share insights and expectations about the new requirements and their impact on litigation in California. #processmatters #civpronerds #hansonbridgett #cadiscoveryact

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Restaurant leaders, please see our article below on California's SB 478 and its applicability to restaurant pricing practices as set forth in the May 8 FAQ from the California Department of Justice. The FAQ signals big changes for restaurants and consequences for noncompliance may be significant. Don't fall asleep on this one! Special thanks to Alan Greenfield Alice Kessler Adil Khan Magaly Zagal and the Greenberg Traurig, LLP Restaurant Industry Group team for your contributions to this article. #GTRestaurants #GTlaw

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The new era of depositions is here. Legal Recorder has quickly gained recognition among California attorneys for its ability to simplify Zoom depositions. Read our tips here - https://lnkd.in/d8S52KEk

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Friends - below a link to an article that I wrote for Law360 on the SCOTUS decision in Warhol vs Goldsmith and its aftermath. I hope you enjoy it! Take care, Jose #copyrights; #SCOTUS; #bilzin; #Warhol; #Goldsmith; #fairuse

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The California DFPI today posted its long-awaited "final" regulations on earned wage access and income share agreements. (Look at the docs dated March 14th under PRO 01-21.) I use quotes, because late last month the CA Office of Administrative Law rejected these rules for various technical reasons (also in the link below). While the DFPI will have to fix these issues and resubmit the rule for approval, we don't expect the substance to change. For EWA programs under this new rule, DFPI deems EWA programs (income-based advance in their terminology) to be loans. However, if providers register with the DFPI, those providers are exempt from the fee restrictions / rate caps that apply to traditional lenders in California. DFPI also provided its statement of reasons, in which it addresses the many comments it received during the process. With respect to its initial proposal to impose rate caps, DFPI acknowledges its failure to conduct a proper economic impact analysis. As a result, DFPI decided to withdraw the rate cap portion of the proposal.

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🏛️California Court’s Decision Re: Are Stock Options Wages?💰 🔍 Anyone know the editor of WIRED Magazine? Just kidding, kinda. The recent decision in Shah v. Skillz Inc. does have wide-reaching implications for employers in the tech sector 🖥️🚀 or any employer who uses stock options as an important component of their competitive benefits-package. 📈 If you’re here, you know I’m a wage and hour geek, who loves getting into the intricacies of California law. And I’ve been watching this case for a while… 🫣 👨‍⚖️📊 Had this decision gone the other way, with stock options considered as “wages,” it would have introduced sweeping and challenging compliance implications for employers. Once something is defined as a “wage,” numerous legal obligations attach—including those around payment at termination and listing on pay stubs—making it a prime target for litigation. TL;DR - Ultimately, the Shah v. Skillz Inc. decision reassures employers across all sectors that they can use stock options without them being treated as wages under California law, allowing for more strategic flexibility in compensation planning. 🏢 The court also provided a thoughtful analysis on how to value such options, and why. This was a separate aspect of the opinion that provided clarity on the valuation complexities of fluctuating-value-assets (i.e., stock options). 🙏 Special thanks to my co-author Gabriel Mendoza, whose contributions helped shape this analysis. 📣 From your friendly neighborhood wage and hour attorney: if you know anyone at Wired Magazine, give them a holler. 😉

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PAGA Reform is here! Kudos to Nicholas Baltaxe and the Duane Morris Class Action Team for this article with some of our initial analysis. There will be lots more to come and so excited to see how cases evolve as a result! https://lnkd.in/gpa8d3Vu

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On July 1, 2024, California Governor Gavin Newsom signed into law a package of reforms to the Private Attorneys General Act (“PAGA”), a statute that has created headaches for employers and driven up wage and hour litigation and settlement costs since its 2004 enactment. The revised law provides some relief by establishing stricter standing requirements, giving trial courts greater discretion to manage and limit PAGA actions, reducing the recoverable penalties, and creating procedures and incentives for employers to proactively cure Labor Code violations. However, the amendments are unlikely to immediately cause a significant decline in PAGA litigation because many of the key terms are either undefined and/or ambiguous – likely requiring judicial interpretation. Nonetheless, California employers should take this opportunity to examine their wage and hour practices and policies and take corrective action if needed, as evidence of such “reasonable steps” will be helpful in defending any PAGA action. Click the link to read a summary of key changes and guidance for California employers written by Farellas Rebecca Stephens and Chandra Andrade.

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The Nieves Law Firm attorney discusses the right to refuse sobriety tests or any other tests in a DUI case. According to California Law, you do not have to incriminate yourself, even if you were driving under the influence. Watch to understand the nuances of this situation. 👩‍⚖️🚫🚗 Need legal defense in California? Don't hesitate to give us a call or send a message! 📞📩 #DUI #KnowYourRights #CaliforniaLaw #CriminalDefense #Attorney #OaklandAttorney #TheNievesLawFirm

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Happy Friday! Check out the July case law update that I did with Justin Mahramas and CEB - #1 for California Law! It was a short list of cases this month. Big takeaways are the following: 1. Attorney General Rob Bonta appealed the superior court decision on SB 9 (ministerial lot-splits in SF zones). More to come on this one. Practice Tip: continue to be wary of using SB 9 in charter cities. Completely avoid in Redondo Beach, Torrance, Del Mar, Whittier, and Carson. (City of Redondo Beach v. Rob Bonta [Superior Court of LA]) 2. City of LA's reliance on Appendix G checklist thresholds was upheld and did not require public notice and mayoral approval under the City's charter. (AIDS Healthcare Foundation v. City of Los Angeles [unpublished]) 3. City of LA's GHG methodology upheld, which predominately relied on a qualitative analysis in the EIR. (AIDS Healthcare Foundation v. City of Los Angeles [unpublished]) 4. The Court of Appeal upheld the City of Lafayette's reliance on the Class 32 Infill Exemption for a 12-unit residential project, despite claims that the project would have impacts related to biological resources and air quality. Practice Tip: Expert findings should precisely track the legal standards and facts at issue in a project. Using the wrong standard or not being specific enough, can make or break your argument. (Nassiri v. City of Lafayette) https://lnkd.in/gxRiWTw2

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This also means future CCPA regulations (most notably, those covering cybersecurity audits, risk assessments, and automated decision making technologies) would be enforceable immediately upon final adoption without being subject to a one-year delay.

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I recommend this presentation for those interested.

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🔍 Big news for California employers! The recent PAGA reform introduces a crucial "right to cure" provision, allowing businesses to address violations before facing litigation. This is just one of many reforms aimed at significantly benefiting employers across the state. 📈✨ Read more about the new reformed PAGA in our article here: https://ow.ly/woHf50SrQUc #PAGAReform #EmployerRights #CaliforniaBusiness

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