According to the Pew Research Center, as of January 2014, ninety percent of American adults have a cell phone, while fifty-eight percent of American adults have a smartphone. It is undeniable that mobile technology is fully engrained into our everyday lives. Our mobile handsets no longer simply function as communication tools; rather they are precious multi- and cross-functional devices connecting us to the world and to the community. Slowly, everything is being funneled into our smartphones: personal and professional communications, word and data processing, amateur photography and videography, numerous social media platforms for marketing and advertising, streaming film and television, educational tools and texts, lectures and podcasts, etc. As pervasive as they are, it is no wonder that lines begin to blur as it relates to the ownership of technology, especially in the workplace.(more…)
California Appellate Court
California Appellate Court Confirms That Arbitration Clauses Can Include Provisional Relief By Courts
When an employer determines to implement an arbitration clause program with its employees, one concern is that provisional relief deemed critical to prevent the loss of clients, employees, or devaluing of company trade secrets is unavailable or less effective. However, the California Arbitration Act (where it applies), has a statutory allowance for access to the courts for certain provisional remedies (such as TROs), as an aid to an arbitration proceeding. California Code Civil Procedure (“CC”) section 1281.8. Importantly for employers, the recent appellate court decision Baltazar v. Forever 21, Inc. (2012) 212 Cal.App.4th 221, confirms that invoking section 1281.8 as part of an arbitration clause will not make it unenforceable.(more…)