Category Archives: Uncategorized

California Supreme Court: guards entitled to pay for all on-call hours at worksite

In a victory for workers, last week the California Supreme Court held that when a security guard is required to be at his or her worksite on call, the worker is entitled to be compensated, no matter what percent of the time on call is spent actually responding to disturbances. As discussed in this L.A. […]

Reconceptualizing banking to manage consumer risk and stabilize financial markets

In Safe Banking, law professor Adam Levitin talks about this: Banking is based on two fundamentally irreconcilable functions: safekeeping of deposits and relending of deposits. Safekeeping is meant to be a risk-free function, but using deposits to fund loans inevitably poses risk to deposits, thereby undermining the safekeeping function. The expensive, inefficient, and unreliable apparatus […]

Safeway Effort to Modify Terms of Online Contract Rejected

Good discussion on the Tech and Marketing Law Blog here of Rodman v. Safeway Inc., 2014 WL 6984703 (N.D. Cal. Dec. 10, 2014), where the trial court upheld plaintiffs' contention that Safeway promised to charge in-store prices for products ordered online (even though, in actuality, that is not what it was actually charging) and refused […]

NYT: State damage caps deterred G.M. ignition switch litigation

This must-read New York Times article tells the powerful cautionary tale of what happens when damage caps depress lawyers' incentives to take meritorious product-defect cases: life-threatening dangers persist, with deadly results. The public might have learned of the G.M. ignition-switch problem through litigation as early as 2007, but given caps on damages, the economics of […]

Debt collector to pay $1 million in restitution for collections on illegal payday loans

The New York City Department of Consumer Affairs announced this week that it has reached a settlement with collection company National Credit Adjusters (NCA) over collections on illegal payday loans. The Kansas-based company will pay approximately $1 million in restitution and the Department estimates over 4,600 New Yorkers will be eligible for compensation. NCA will […]

Winners and losers from the likely unbundling of cable

With the news that ESPN will become available through a streaming service, it looks like the cable market will be in for a shakeup, including potentially one that forces cable providers to "unbundle" their channel packages and enable consumers to pay only for the channels they want. This sounds like a good thing, right? Not […]

Can the government intercept your calls and texts in public without a warrant?

That is the question raised by the incoming Chair and Ranking Member of the Senate Judiciary Committee in response to FBI assertions that the agency is entitled to use a device masquerading as a cell-phone tower to intercept your calls and texts in public. The Daily Dot explains the troubling technology at issue: The Stingray […]