Update on D.R. Horton: NLRB decides case in favor of employee rights

Spiro Moss submitted an amicus brief to the NLRB in D.R. Horton and Cuda, case 12-CA-25764.  The NLRB's decision, released in early January, closely follows the analysis supplied by Spiro Moss and represents an important decision protecting the rights of many employees to bring class or collective actions to improve their working conditions.  A copy of the decision is available through this blog post.

Spiro Moss files amicus brief with NLRB in D.R. Horton, Inc. and Cuda

The National Labor Relations Board invited amicus briefs in the matter of D.R. Horton and Cuda, case 12-CA-25764.  The issue presented by the Board is as follows:

Did the respondent violate Section 8(a)(1) of the Act by maintaining and enforcing its Mutual Arbitration Agreement, under which employees are required, as a condition of employment, to agree to submit all employment disputes to individual arbitration, waiving all rights to a judicial forum, where the arbitration agreement further provides that arbitrators will have no authority to consolidate claims or to fashion a proceeding as a class or collective action?

Spiro Moss submitted an amicus brief that addresses arguments similar to those presented by Spiro Moss as counsel for amicus curiae Consumer Attorneys of California in the matter entitled Brown v. Ralphs Grocery.  Senior Associate H. Scott Leviant authored the brief for Spiro Moss.

H. Scott Leviant speaks at Bridgeport's Mid Year Wage & Hour Litigation Conference

On June 3, 2011, Spiro Moss senior associate H. Scott Leviant spoke at Bridgeport's Mid Year Wage & Hour Litigation Conference in San Diego, California.  Speaking with Julie Trotter, of Call & Jensen, they addressed the wage & hour ramifications of AT&T Mobility LLC v. Concepcion (April 27, 2011), among other topics.

Spiro Moss authors amicus brief for CAOC; challenges extension of AT&T v. Concepcion to employment cases

On May 23, 2011, the Second Appellate District, Division Five, granted Consumer Attorneys of California ("CAOC")  leave to file their proposed brief as amicus curiae in support of the plaintiff in Brown v. Ralphs Grocery Company.  What would normally have been a standard request for leave to file an amicus brief was rendered somewhat less standard in light of the fact that oral argument had already occurred in Brown.  The Court of Appeal requested supplemental briefs on the question of whether AT&T Mobility LLC v. Concepcion (April 27, 2011) precludes the Gentry v. Superior Court (2007) 42 Cal.4th 443 defense to certain arbitration agreements.  After determining that the parties had not already addressed the issues, CAOC presented several bases for rejecting the contention that Concepcion overruled Gentry.

H. Scott Leviant was the primary author on behalf of CAOC.  Dennis F. Moss, Gregory N. Karasik, and J. Mark Moore of Spiro Moss LLP and David M. Arbogast of Arbogast & Berns LLP also contributed to CAOC's brief.  Spiro Moss will soon make a draft of the brief available on this website.

Update on Saturday, May 28, 2011 at 4:50PM by Spiro Moss

A draft of the Brief is available here.

Spiro Moss attorney to speak on e-Discovery at LACBA's Thirtieth Annual Labor and Employment Law Symposium

On March 31, 2010, the Labor & Employment Law Section of the Los Angeles County Bar Association will present the Thirtieth Annual Labor and Employment Law Symposium:

The 2010 Labor and Employment Law Symposium provides practical advice and cutting-edge panel discussions on labor and employment law issues of critical importance to attorneys, judges, neutrals, government practitioners, union representatives, in-house counsel, and human resource professionals. The Symposium provides a unique intellectual experience allowing the panelists, all of whom are recognized experts in their fields, to share new perspectives, ideas and information. Each panel discussion covers opposing viewpoints, interpretations and strategies, and will encourage audience questions and participation.

The location details:

Biltmore Hotel
506 South Grand Ave. 
Los Angeles, California

Spiro Moss attorney H. Scott Leviant will be speaking on the panel entitled "20 Tips for Successful Navigation of e-Discovery Requirements," with Moderator Angela Robledo, Hon. Carl J. West, and Heather Morgan.

Spiro Moss attorneys address unconstitutionality of underfunding judicial branch

Today's Daily Journal includes a Perspective column, entitled "Legislature Using Purse Strings to Bind Judiciary," authored by Spiro Moss attorneys H. Scott Leviant and Linh Hua.  The column discusses the unconstitutionality of underfunding the judicial branch.  The article is posted below with permission of Daily Journal Corp. (2010).

If you have difficulty viewing the flash object, the direct link is here.  Spiro Moss thanks the editorial staff of the Daily Journal for quickly providing the posting permission.

Spiro Moss helps with successful effort to obtain publication of Jaimez v. DAIOHS USA, Inc., et al.

On February 8, 2010, the Court of Appeal (Second Appellate District, Division One) published a favorable decision in the field of wage & hour class action practice.  Jaimez v. DAIOHS USA, Inc., et al. was initially unpublished, but attorneys from Spiro Moss and Arbogast & Berns, LLP joined forces to author a successful Request for Publication on behalf of Consumer Attorneys of California ("CAOC") and California Employment Lawyers Association ("CELA").  In addition to the Request on behalf of CAOC and CELA, several other firms also filed Requests for Publication.

In Daily Journal column, firm attorney explains potential outcomes for Supreme Court case People v. Freeman

In the December 2, 2009 edition of the Daily Journal, a column by Spiro Moss attorney H. Scott Leviant explains the judicial recusal rules implicated by People v. Freeman.  The article is reprinted below with the permission of Daily Journal Corp. (2009).