Posts from January 2015.

Last month a California Court of Appeal held that while electronic signatures are valid on employment arbitration agreements in California, if an employee disputes an electronic signature, the employer bears the burden of proving the employee electronically signed the document. (Ruiz v. Moss Brothers Auto Group (2014) 2014 WL 7335221.) This decision can guide K-12 school districts and community college ...

Categories: Legislation, Technology

In a recent decision, Pittsburg Unified School District v. S.J. Amoroso Construction Co., Inc. (December 22, 2014), the California Court of Appeal affirmed that public agencies have the right to unilaterally declare a default under a construction contract and demand a distribution of securities retained by escrow.  The Court based its decision on Public Contract Code section 22300, which provides that once a public agency sends a proper notice of default, it has the right to withdraw securities held in an escrow retention account “immediately upon its own determination” if it determines that a contractor has defaulted on the construction agreement. The key issue confirmed by the Court is that a public agency may unilaterally determine that a contractor defaulted on its obligations under a construction agreement without judicial determination, and thus, may unilaterally withdraw retention proceeds from an escrow account.

ConnectEDU, a college and career advising startup that holds the personal information of millions of students, declared Chapter 11 bankruptcy in April 2014. ConnectEDU developed college- and career-planning sites where students could create personal profiles. As a result, ConnectEDU held a considerable amount of personally identifiable information including students’ names, dates of birth ...

Categories: Technology

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