W. George Wailes

W. George Wailes

Carr McClellan P.C.

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Latest Publications


When is an Electronic Signature Enforceable?

When is an electronic signature sufficient to make an agreement enforceable? Two recent California Court of Appeal decisions rejected efforts to enforce agreements supposedly entered into with electronic signatures under the...more

1/14/2015 - Appeals Arbitration Contract Formation E-Signatures Intent Settlement Agreements Settlement Negotiations UETA

Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face Sanctions

The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary...more

10/10/2014 - Appeals Attorney's Fees Business Records Electronically Stored Information Popular Subpoenas Third-Party

Ninth Circuit Makes Bad Copyright Law from Bad Facts

In a decision that is already being criticized as “horrific” and “judicial activism,” the Ninth Circuit created copyright protection for an acting performance in a short film for which the actress read from a script and was...more

3/18/2014 - Copyright Google Licenses

Google Books is “Fair Use” of Millions of Books

After years of litigation and uncertainty, the United States District Court for the Southern District of New York ruled that the Google Books project fits within the “fair use” exception to copyright law and cleared Google of...more

3/18/2014 - Copyright Fair Use Google Books

Eleventh Circuit Holds ERISA Fiduciaries Must Consider Social Security Determinations Issued After Claim Denial

Courts have long held that ERISA plan administrators need to consider the evidence considered and the determination made by the Social Security Administration (SSA) in evaluating disability benefits claims. But the Eleventh...more

2/25/2014 - ERISA Life Insurance Social Security Social Security Administration (SSA)

Ninth Circuit Closes Copyright Infringement Statute of Limitations Loophole

Which statute of limitations applies to lawsuits involving both copyright ownership and infringement claims? This was an open question in the Ninth Circuit until Seven Arts Filmed Entertainment, Ltd. v. Content Media...more

11/19/2013 - Copyright Copyright Infringement Statute of Limitations

Copyright Roulette: Is Filing Application Sufficient to Bring Infringement Suit?

Is filing an application for a copyright sufficient basis for filing a copyright infringement lawsuit? The answer depends on where the copyright applicant files the case. Some federal courts, including the Ninth and Seventh...more

11/15/2013 - Copyright Copyright Infringement

Employer Wins Bankruptcy Discharge of Withdrawal Liability

The Ninth Circuit Court of Appeals recently ruled that employers may discharge multiemployer trust withdrawal liability in bankruptcy. Employers required to contribute to multi-employer pension trusts face growing withdrawal...more

9/27/2013 - Commercial Bankruptcy ERISA Fiduciary Duty Multiemployer Plan Pensions Trusts Withdrawal Liability

Think Your Tweets are Private? Think Again

Many mistakenly believe that their tweets and other social media posts are private and are protected at least to some degree from court-ordered production. However, that is not reality, at least for public tweets. Recently,...more

6/27/2013 - Social Media Subpoenas Twitter

Google Ordered to Disclose Search Terms it Used to Respond to Subpoena

A federal judge has ordered non-party Google to disclose the search terms and custodians it used to respond to a subpoena. The magistrate judge’s order in the Apple v. Samsung case pending in San Jose emphasized that...more

6/10/2013 - Apple Apple v Samsung Custodians Discovery Google Keyword Search Samsung Subpoenas

It’s the Hours, Stupid: California Applies Quantitative Analysis to Exempt-Nonexempt Determination

In Heyen v. Safeway, the California Court of Appeal put the nail in the coffin of the federal approach to analyzing wage and hour issues in California. Because of Heyen, California employers and employees need to focus on...more

6/7/2013 - Exempt-Employees Managers Over-Time Safeway Inc Wage and Hour

Employers Beware: Requiring Access to Employees’ Social Media Is Now Illegal

New Labor Code section 980, effective January 1, 2013, generally precludes employers from requiring or asking employees or job applicants to disclose their user names or passwords, or to provide access to, or divulge...more

4/3/2013 - Hiring & Firing Job Applicants Passwords Social Media

The California Supreme Court Provides Mixed Result in Mixed Motive Terminations

In Harris v. City of Santa Monica, (2013) 56 Cal.4th 203, the California Supreme Court provided long-awaited clarification of the standards that apply when an employer terminates an employee for “mixed motives”—that is, when...more

3/22/2013 - Discrimination FEHA Hiring & Firing Mixed Motive Cases Pregnancy Discrimination Termination

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