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Poole & Shaffery, LLP

Sidebar Issue 66 | May 2016

Poole & Shaffery, LLP is a full service business firm with attorneys who focus on a variety of different areas of litigation, counseling and transactional services, including: bankruptcy, business litigation, business transactions, commercial litigation, construction law, construction defect claims, employment and labor law, environmental law, government affairs, intellectual property matters, insurance law, land use, non-profit and tax-exempt organizations, product liability, premises liability, real estate law, and toxic torts.

Disclaimer: The articles contained herein are intended for general information purposes only. Nothing contained in this document is legal advice, nor should it be relied upon as such.

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Walnut Creek
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Tel.: (855) 997-7522

By: John H. Shaffery
The CFPB Proposes Rule Prohibiting Arbitration Clauses – Hail to the Class Action Lawsuit

In October 2015, the Consumer Financial Protection Bureau (CFPB) announced that it was considering proposing rules that would ban the use of arbitration clauses in financial agreements after it concluded that class litigations may benefit consumers "through the deterrent impact of those settlement agreements on other companies' conduct." After more than six months of waiting, the CFPB finally unveiled a three-hundred seventy-five page proposed reform on May 5, 2016. Simply put, should the rules be adopted, there will be widespread impact on both the financial and legal sectors.

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By: David S. Poole
A New Weapon In the Battle to Protect Against Stolen Trade Secrets – The 2016 “Defend Trade Secrets Act”

Employers have long been frustrated by the impacts of departing key employees who walk off with the corporate "gold" – customer lists, technical drawings, formulas and the like – and then set up shop down the street chasing the same customers, undercutting the old employer's pricing and doing so without the same outlay of start-up capital and sweat equity that normally would have been required to start such a business from scratch. California can be particularly difficult on employers because, as a "right to work state," state law here favors the free mobility of the work force and outlaws many restrictions (such as covenants not to compete) that would otherwise benefit the jilted employer.

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By: None
Plaintiffs reach $2.9 million settlement in wage and hour case

Plaintiff Angil Sharobiem, a pharmacist at CVS Pharmacy in Region 60, filed suit on behalf of himself and other pharmacists against CVS Pharmacy Inc., CVS Rx Services Inc., and Garfield Beach CVS LLC for failure to pay overtime compensation. Plaintiff alleged that CVS failed to when working six or more consecutive days, CVS would not properly pay overtime wages.

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Appellate Law
Arbitration and Mediation
Business and Commercial Litigation
Business Transactions
Construction Law
Employment Law
Environmental Law
Estate Planning
General Counsel Services
Intellectual Property
Labor Law
Non-Profit & Tax-Exempt Organizations
Premises Liability
Products Liability
Real Estate and Litigation
Toxic Torts