2005-2

Arbitration agreement between employer and employee is substantively unconscionable.

The Ninth Circuit Court of Appeals has held that an arbitration policy that allowed the employer to change the "rules of the game" arbitrarily was unconscionable, and therefore illegal.

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An attorney's presumed possession of confidential information concerning a former client does not automatically disqualify attorney's former firm.

The California Court of Appeal has held that merely because a lawyer may have confidential information about a litigant, the lawyer's former firm is not disqualified from representing the litigant's opponent.

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Sheriff's deputy disciplined for using alcohol was entitled to discovery of non-confidential investigation documents.

A California Court has held that a public safety officer who was reprimanded for coming to work with alcohol on her breath is entitled to copies of investigative reports concerning her discipline.

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