Carr, McClellan, Ingersoll, Thompson & Horn - Professional Law Corporation

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 paid…more

| Art, Entertainment, & Sports Law, Commercial Law & Contracts,...

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

| Communications & Media Law, Intellectual Property, Science, Computers, &...

Hearsay Statements Increase an Employer’s Risk in California

In reversing summary judgment for an employer in an age discrimination case, the California Court of Appeal extended the statement against interest exception to the hearsay rule set forth in California Evidence Code section…more

| Civil Procedure, Civil Rights, Labor & Employment Law

California Affirms Employer Arbitration Agreement, Providing Guidance

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

| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor...

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

| Bankruptcy, Business Organizations, Labor & Employment Law, Finance &...

An End to Inclusionary Housing Requirements

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

| Civil Procedure, Constitutional Law, Zoning, Planning & Land Use, Real...

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