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On December 12, 2024, President Biden granted clemency to The Norton Law Firm’s long-time client, Michael Binday.  In 2014, Mr. Binday was sentenced to 144 months’ imprisonment following a conviction for mail and wire fraud based on the United States Court of Appeal for the Second Circuit’s now-invalidated “right-to-control” theory of fraud.  For nearly a decade following […]

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During its 2024-25 term, the United States Supreme Court will decide in Kousisis v. United States whether breaches of contract can satisfy the “property” element of the mail and wire fraud statutes.  The Supreme Court should—and as attorneys David W. Shapiro and Gil Walton anticipate will—say they cannot. In “Justices Should Squash Bid To Criminalize Contract Breaches,” an expert analysis/opinion piece […]

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October 22, 2024 (Oakland, CA) – The Norton Law Firm is pleased to announce its office move to Oakland’s historic Rotunda Building.    “We sought a larger space for our team, which is now 18 lawyers and five professional staff,” said Fred Norton, founder of The Norton Law Firm. “We moved into our new offices […]

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The United States Court of Appeals for the Ninth Circuit recently vacated a district court order approving a $5.2 million class action settlement between a plaintiff and Tinder, Inc., the mobile dating app. The Ninth Circuit reasoned that because the plaintiff was subject to binding arbitration, while thousands of other class members were not, she was not an adequate representative of the putative settlement class.

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The California Supreme Court decided Adolph v. Uber Technologies, Inc., No. S274671, 2023 WL 4553702 (Cal. July 17, 2023), in which it unanimously held that, when an employee is required to arbitrate his or her individual Labor Code claims against an employer, the employee still has standing to pursue a representative action on behalf of other employees under California’s Private Attorneys General Act (PAGA), Cal. Lab. Code §§ 2698 et seq. 

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Since 2015, soon after Michael Binday’s conviction was affirmed on appeal by the Second Circuit, we began what has become an eight-year effort to overturn an overbroad and constitutionally vague construction of the federal fraud statutes that labelled a complaining witness’ desire for information (called its “right to control its property”) as property itself. We […]

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