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Articles by Mark Theodore
Closing Out the Year with a Bang: Two Nuclear California Employment Verdicts Employers Won’t Soon Forget | JD Supra
As 2025 winds down, many employers are focused on year-end reviews, budget planning, and compliance checklists for the year ahead. But before turning the page on another year in California employment law, two recent jury verdicts serve as a sobering reminder of the continuing trend of nuclear verdicts as we have previously reported here, here, here, and here.
Closing Out the Year with a Bang: Two Nuclear California Employment Verdicts Employers Won’t Soon Forget
As 2025 winds down, many employers are focused on year-end reviews, budget planning, and compliance checklists for the year ahead. But before turning the page on another year in California employment law, two recent jury verdicts serve as a sobering reminder of the continuing trend of nuclear verdicts as we have previously reported here, here, here, and here.
UPDATE: NLRB Sues California Over Dramatically Expanding State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction | JD Supra
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector employees currently under the exclusive jurisdiction of the National Labor Relations Board (“NLRB” or “Board”).
Following New York’s Lead, California Dramatically Expands State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction | JD Supra
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector employees currently under the exclusive jurisdiction of the National Labor Relations Board (“NLRB” or “Board”).
Following New York’s Lead, California Dramatically Expands State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector employees currently under the exclusive jurisdiction of the National Labor Relations Board (“NLRB” or “Board”).
AB 288 Amends California Labor Law and Expands PERB Power
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector employees currently under the exclusive jurisdiction of the National Labor Relations Board (“NLRB” or “Board”).
Takeaways From Ninth Circuit's Revival Of Trader Joe's Trademark Infringement Suit Against Independent Union Over Labor-Branded Merchandise
Proskauer Rose LLP are most popular: within Energy and Natural Resources topic(s) with readers working within the Banking & Credit industries The Ninth Circuit's recent resurrection of Trader Joe's trademark infringement suit over an independent union's sale of apparel, mugs, tote bags, and other labor-branded merchandise that allegedly infringed the company's intellectual property highlights key issues at the intersection of federal labor and IP law. The case, Trader Joe's Co. v.
California Dramatically Expands State Labor Board's Powers To Cover Employees Under NLRB's Exclusive Jurisdiction, Following New York's Lead
Proskauer Rose LLP are most popular: within Energy and Natural Resources topic(s) with readers working within the Banking & Credit industries On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state's labor law and significantly expands the power of its Public Employment Relations Board ("PERB") to cover private-sector employees currently under the exclusive jurisdiction of the National Labor Relations Board ("NLRB" or "Board").
Takeaways From Ninth Circuit’s Revival Of Trader Joe’s Trademark Infringement Suit Against Independent Union Over Labor-Branded Merchandise | JD Supra
The Ninth Circuit’s recent resurrection of Trader Joe’s trademark infringement suit over an independent union’s sale of apparel, mugs, tote bags, and other labor-branded merchandise that allegedly infringed the company’s intellectual property highlights key issues at the intersection of federal labor and IP law. The case, Trader Joe’s Co. v. Trader Joe’s United, No. 24-2826, 2025 WL 2586674 (9th Cir. Sept.
California Dramatically Expands State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction, Following New York’s Lead | JD Supra
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector employees currently under the exclusive jurisdiction of the National Labor Relations Board (“NLRB” or “Board”).
California Expands PERB Power Under AB 288 Amid NLRB Paralysis
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector employees currently under the exclusive jurisdiction of the National Labor Relations Board (“NLRB” or “Board”).
Ninth Circuit Revives Trader Joe’s Trademark Suit Against Union
The Ninth Circuit’s recent resurrection of Trader Joe’s trademark infringement suit over an independent union’s sale of apparel, mugs, tote bags, and other labor-branded merchandise that allegedly infringed the company’s intellectual property highlights key issues at the intersection of federal labor and IP law. The case, Trader Joe’s Co. v. Trader Joe’s United, No. 24-2826, 2025 WL 2586674 (9th Cir. Sept.
Effects of psychological therapies in people with multiple sclerosis: a systematic review and network meta-analysis of randomized controlled trials
Scandiffio, J. et al. (2025) Effects of psychological therapies in people with multiple sclerosis: a systematic review and network meta-analysis of randomized controlled trials. Journal of Neurology, 272(9), 584. (doi: 10.1007/s00415-025-13315-6) Text 363086.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. 2MB Abstract Background: People with MS (PwMS) often experience high levels of emotional distress.
Nuclear Winter: The Post-Verdict Battle In Employment Cases
As we have previously reported here and here, "nuclear" verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years. Although these massive verdicts garner a lot of attention, they are only part of the story after the verdict comes in.
Nuclear Winter: The Post-Verdict Battle in Employment Cases
As we have previously reported here and here, “nuclear” verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years. Although these massive verdicts garner a lot of attention, they are only part of the story after the verdict comes in.
California Employment Law Update Chamber Of Commerce Challenges California Ban On "Captive Audience" Meetings
As we reported here, California's Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company's opinions on political or religious matters, including discussions about unionization. California joins almost dozen other states, including Illinois, New York, and Oregon, in enacting union-backed statutes that prohibit so-called "captive audience" meetings.
Chamber of Commerce Challenges California Ban on “Captive Audience” Meetings
As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious matters, including discussions about unionization. California joins almost dozen other states, including Illinois, New York, and Oregon, in enacting union-backed statutes that prohibit so-called “captive audience” meetings.
NLRB Returns to Exacting “Clear and Unmistakable” Waiver Standard for Contractual Waiver of Right to Bargain Over Unilateral Changes | JD Supra
This week, in an expected decision, the National Labor Relations Board (“NLRB” or “Board”) reinstated its prior “clear and unmistakable” waiver standard—a standard that has been much criticized by the courts—for determining when an employer’s unilateral change to terms and conditions of employment violates the National Labor Relations Act (“NLRA” or “Act”), asserting that the Board’s recent adoption of the “contract coverage” standard was made in “error.” As we recently reported, the future...
Los Angeles County Court Rules $900 Million Jury Verdict “Shocked the Conscience” In Workplace Sexual Assault Case; Reduces It To $90 Million | JD Supra
As we previously reported, a Los Angeles jury awarded one of the largest verdicts in history in a sexual assault case in June 2024, doling out a massive $900 million verdict in favor of a plaintiff in a suit against billionaire Alkiviades David. This week, however, a Los Angeles County Court found the damages award “shocked the conscience” and ordered the case to go to a new damages trial unless the plaintiff accepts a reduced award of $90 million dollars.
Los Angeles County Court Rules $900 Million Jury Verdict “Shocked the Conscience” In Workplace Sexual Assault Case; Reduces It To $90 Million
As we previously reported, a Los Angeles jury awarded one of the largest verdicts in history in a sexual assault case in June 2024, doling out a massive $900 million verdict in favor of a plaintiff in a suit against billionaire Alkiviades David. This week, however, a Los Angeles County Court found the damages award “shocked the conscience” and ordered the case to go to a new damages trial unless the plaintiff accepts a reduced award of $90 million dollars.
Two Blockbuster U.S. Supreme Court Decisions May Spell End of NLRB’s Expansion of Reach of NLRA as Well as How Agency Prosecutes Cases
The U.S. Supreme Court issued two blockbuster decisions this week, both of which likely will curtail the ability of federal agencies, including the NLRB, to prosecute cases and expand the law. In a 6-3 decision announced Thursday in Securities and Exchange Commission v. Jarkesy et al., U.S., No. 22-859 (Jun. 27, 2024), the Supreme Court ruled that when the SEC seeks civil penalties against a defendant, the defendant is entitled to a trial by jury.
Two Blockbuster U.S. Supreme Court Decisions May Spell End of NLRB’s Expansion of Reach of NLRA as Well as How Agency Prosecutes Cases
The U.S. Supreme Court issued two blockbuster decisions this week, both of which likely will curtail the ability of federal agencies, including the NLRB, to prosecute cases and expand the law. In a 6-3 decision announced Thursday in Securities and Exchange Commission v. Jarkesy et al., U.S., No. 22-859 (Jun. 27, 2024), the Supreme Court ruled that when the SEC seeks civil penalties against a defendant, the defendant is entitled to a trial by jury.
Compete All You Want: ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review
As we've discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a "chilling effect" on employees in the exercise of their Section 7 rights of the National Labor Relations Act ("NLRA").
Compete All You Want: ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review | JD Supra
As we’ve discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a “chilling effect” on employees in the exercise of their Section 7 rights of the National Labor Relations Act (“NLRA”).
$900 Million Jury Verdict Handed Down By Los Angeles Jury In Workplace Sexual Assault Case
This week a Los Angeles jury awarded a plaintiff nearly $1 billion in damages for workplace sexual assault. The defendant, billionaire Alkiviades David, suffered a staggering loss when a Los Angeles Superior Court jury doled out a massive $900 million verdict in favor of David's former employee, who brought suit against him in 2020 alleging years of sexual assault, battery, and harassment.
Compete All You Want: ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review
As we’ve discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a “chilling effect” on employees in the exercise of their Section 7 rights of the National Labor Relations Act (“NLRA”).
$900 Million Jury Verdict Handed Down by Los Angeles Jury in Workplace Sexual Assault Case | JD Supra
This week a Los Angeles jury awarded a plaintiff nearly $1 billion in damages for workplace sexual assault. The defendant, billionaire Alkiviades David, suffered a staggering loss when a Los Angeles Superior Court jury doled out a massive $900 million verdict in favor of David’s former employee, who brought suit against him in 2020 alleging years of sexual assault, battery, and harassment.
$900 Million Jury Verdict Handed Down by Los Angeles Jury in Workplace Sexual Assault Case
This week a Los Angeles jury awarded a plaintiff nearly $1 billion in damages for workplace sexual assault. The defendant, billionaire Alkiviades David, suffered a staggering loss when a Los Angeles Superior Court jury doled out a massive $900 million verdict in favor of David’s former employee, who brought suit against him in 2020 alleging years of sexual assault, battery, and harassment.
$900 Million Jury Verdict Handed Down by Los Angeles Jury in Workplace Sexual Assault Case
USA June 20 2024 This week a Los Angeles jury awarded a plaintiff nearly $1 billion in damages for workplace sexual assault. The defendant, billionaire Alkiviades David, suffered a staggering loss when a Los Angeles Superior Court jury doled out a massive $900 million verdict in favor of David’s former employee, who brought suit against him in 2020 alleging years of sexual assault, battery, and harassment.
Proposed
California Employment Law Update on April 8, 2024 With the sweeping presence of technology today, the boundary between work life and home life has become increasingly blurred.
Proposed “Right to Disconnect” Law Could End Those After-Hours Emails From Your Boss | JD Supra
With the sweeping presence of technology today, the boundary between work life and home life has become increasingly blurred. A new bill recently introduced to the California legislature seeks to change that by protecting employees’ “right to disconnect.” Assembly Bill 2751, introduced by Assemblyman Matt Haney (D-San Francisco), proposes to add a Section 1198.2 to the Labor Code that would effectively prevent employers from contacting employees outside of working hours, with limited exceptions.
Proposed “Right to Disconnect” Law Could End Those After-Hours Emails From Your Boss
With the sweeping presence of technology today, the boundary between work life and home life has become increasingly blurred. A new bill recently introduced to the California legislature seeks to change that by protecting employees’ “right to disconnect.” Assembly Bill 2751, introduced by Assemblyman Matt Haney (D-San Francisco), proposes to add a Section 1198.2 to the Labor Code that would effectively prevent employers from contacting employees outside of working hours, with limited exceptions.
OSHA Issues Final Rule Allowing Employee Third-Party Representatives To Enter Workplace – Including Labor Unions - Employee Rights/ Labour Relations - United States
On March 29, 2024, the Department of Labor Occupational Safety and Health Administration ("OSHA") released a final rule amending the Occupational Safety and Health Act of 1970 ("OSH Act"), clarifying who can serve as an employee representative to accompany the OSHA Compliance Safety and Health Officer ("CSHO") during physical workplace inspections.
Proposed “Right to Disconnect” Law Could End Those After-Hours Emails From Your Boss
With the sweeping presence of technology today, the boundary between work life and home life has become increasingly blurred. A new bill recently introduced to the California legislature seeks to change that by protecting employees’ “right to disconnect.” Assembly Bill 2751, introduced by Assemblyman Matt Haney (D-San Francisco), proposes to add a Section 1198.2 to the Labor Code that would effectively prevent employers from contacting employees outside of working hours, with limited exceptions.
A Systematic Review of Female Participation in Randomized Controlled Trials of Post-Stroke Upper Extremity Rehabilitation in Low- to Middle-Income Countries and High-Income Countries and Regions
Introduction: Female participation is lower than males in both acute stroke and stroke rehabilitation trials. However, less is known about how female participation differs across countries and regions. This study aimed to assess the percentage of female participants in randomized controlled trials (RCTs) of post-stroke rehabilitation of upper extremity (UE) motor disorders in low-middle-income (LMICs) and high-income countries (HICs) as well as different high-income world regions.
Appellate Court Rejects NLRB's Findings In Employer Surveillance Case As
Declaring the NLRB's rationale to be "nonsense," on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia inStern Produce Company Inc v. NLRB, refused to enforce the agency's finding of unfair labor practices. The Court held that the petitioner-produce company did not create the impression of surveillance of organizing activity and did not retaliate against an employee for participating in unionization efforts.
OSHA Issues Final Rule Allowing Employee Third-Party Representatives to Enter Workplace - Including Labor Unions
Joshua S. Fox is a senior counsel in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups. As a member of the Sports Law Group, Josh has represented several Major League Baseball Clubs in all aspects of the salary arbitration process, including the Miami Marlins, Boston Red Sox, Los Angeles Dodgers, Kansas City Royals, San Francisco Giants, Tampa Bay Rays and Toronto Blue Jays.
OSHA Issues Final Rule Allowing Employee Third-Party Representatives to Enter Workplace - Including Labor Unions
On March 29, 2024, the Department of Labor Occupational Safety and Health Administration (“OSHA”) released a final rule amending the Occupational Safety and Health Act of 1970 (“OSH Act”), clarifying who can serve as an employee representative to accompany the OSHA Compliance Safety and Health Officer (“CSHO”) during physical workplace inspections.
Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense” | JD Supra
Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce the agency’s finding of unfair labor practices. The Court held that the petitioner-produce company did not create the impression of surveillance of organizing activity and did not retaliate against an employee for participating in unionization efforts.
Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”
Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce the agency’s finding of unfair labor practices. The Court held that the petitioner-produce company did not create the impression of surveillance of organizing activity and did not retaliate against an employee for participating in unionization efforts.
Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”
Joshua S. Fox is a senior counsel in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups. As a member of the Sports Law Group, Josh has represented several Major League Baseball Clubs in all aspects of the salary arbitration process, including the Miami Marlins, Boston Red Sox, Los Angeles Dodgers, Kansas City Royals, San Francisco Giants, Tampa Bay Rays and Toronto Blue Jays.
New Trial Threat To California Employers Has Arrived
A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial.
New Trial Threat To California Employers Has Arrived | JD Supra
A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial.
California Places Third On Annual
For the second year in a row, California has avoided being "the worst in the nation," but still managed to secure the unenviable third position on the American Tort Reform Foundation's ("ATRF") Annual Judicial Hellholes List.
That Was Fast: Judge Orders Cannabis Company To Recognize And Bargain With Union Under
As we recently discussed, the National Labor Relation Board's ("NLRB") monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which employers may respond to union organizing efforts.
Impact of NLRB Ruling on Cannabis Company Unionization Efforts
As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which employers may respond to union organizing efforts.
That Was Fast: Judge Orders Cannabis Company to Recognize and Bargain with Union Under “Cemex”
Joshua S. Fox is a senior counsel in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups. As a member of the Sports Law Group, Josh has represented several Major League Baseball Clubs in all aspects of the salary arbitration process, including the Miami Marlins, Boston Red Sox, Los Angeles Dodgers, Kansas City Royals, San Francisco Giants, Tampa Bay Rays and Toronto Blue Jays.
That Was Fast: Judge Orders Cannabis Company to Recognize and Bargain with Union Under “Cemex”
As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which employers may respond to union organizing efforts.
Not A Clean Break: Cautionary Tale for Employers Looking To Close Plants | JD Supra
In a very active end of summer for labor law, the National Labor Relations Board (“Board”) ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company’s closure of a terminal where its drivers were unionized violated the National Labor Relations Act (“NLRA”).
Not A Clean Break: Cautionary Tale For Employers Looking To Close Plants - Employee Rights/ Labour Relations - United States
In a very active end of summer for labor law, the National Labor Relations Board ("Board") ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company's closure of a terminal where its drivers were unionized violated the National Labor Relations Act ("NLRA").
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