Simpson Thacher Wins Ninth Circuit Appeal On Behalf Of Vivint
06.13.18
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On June 13, 2018, the United States Court of Appeals for the Ninth Circuit affirmed the District Court’s dismissal with prejudice of a putative class action lawsuit against Vivint, Inc. The Ninth Circuit held that Vivint did not violate California Labor Code Section 432.7, which generally prohibits employers from asking about or taking employment actions based on expunged criminal convictions. The Ninth Circuit ruled that such general prohibition is inapplicable when the employer is required by law to obtain information regarding the conviction of an applicant—which the Ninth Circuit held was the case here.
The Simpson Thacher team for the appeal includes Chet Kronenberg and Tyler Bernstein. Chet argued the appeal before the Ninth Circuit.