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
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
San Francisco has passed an ordinance that requires employers to accommodate employees with caregiving responsibilities. This ordinance, along with other recently adopted California laws, dramatically changes employers’…more
Recent decisions by the California Supreme Court, the Ninth Circuit Court of Appeals, and the California Court of Appeal demonstrate that California courts will scrutinize and find unconscionable employee arbitration agreements…more
In a case whose facts plainly compelled the outcome, California’s Fourth Appellate District held on October 15, 2013 in Angelica Textile Services, Inc. v. Jaye Park, No. D062405 that a claim for trade secret misappropriation…more
Providing further clarity for the enforceability of arbitration agreements in employment contracts, California’s First District Court of Appeal upheld a boilerplate arbitration clause in Peng v. First Republic Bank, No. A135503…more
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
The California Supreme Court has agreed to review the legality of a city’s inclusionary housing ordinance (IHO).
At issue is the IHO adopted by San Jose. The IHO applies to new developments of 20 or more residential…more
Owners who want to sell residential rental units often meet strong resistance from the tenant who occupies the unit. This is not surprising, as the sales process is disruptive to the tenant’s daily life and the end result is…more
The complexity of documents for business transactions continues to grow exponentially. In 1985, a standard lease for a 5,000 RSF space was often less than 20 pages. In 2013, it’s not uncommon for a lease for a 2,000 RSF space…more
True cases of adverse possession are exceedingly rare. Some of the requirements are easily met – possession of some or all of a property, under claim of right, for a period of five years. The final requirement – payment of…more
Roughly half of all marriages in the United States eventually end in divorce. The statistics are even bleaker in California, where the divorce rate hovers at around sixty percent. In light of these odds, getting married in…more
A key amendment to the Health Insurance Portability and Accountability Act (“HIPAA”) called the “Omnibus Rule” took effect on March 26, 2013. The Omnibus Rule impacts both companies that directly collect protected health…more
The relatively obscure Federal Enclave Doctrine is potentially a powerful arrow in the quiver of defense counsel, where the tortious act complained of occurred on federal land. In the context of employment-related claims, the…more
Globalization. It is here. That reality brings complexity. And, unfortunately, with complexity comes legal fees.
Among the complexities facing companies that want to go global is opening offices abroad. We have been…more
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