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

216 Park Road  Burlingame, CA 94010, United States

  • 650-342-9600
  • 650-342-7685

California’s Minimum Wage Increases Will Impact the Pay of Your Exempt Employees and Commissioned Inside Sales Employees

Most California employers are well aware that California’s minimum wage for non-exempt employees will increase from $8 per hour to $9 per hour on July 1, 2014, and to $10 per hour on January 1, 2016…more
| Labor & Employment Law

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, Intellectual Property, Science, Computers, & Technology

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, & Technology

Ban the Box has Come to San Francisco: Is Your Employment Recruiting Process in Compliance?

San Francisco’s Fair Chance Ordinance. Effective March 16, 2014, a new San Francisco city ordinance, called the Fair Chance Ordinance, will strictly limit an employer’s ability to gather and utilize information about the…more
| Civil Rights, Labor & Employment Law

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
| Civil Procedure, Labor & Employment Law

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

Wrongful Discharge In California: A longer commute may mean that the new job doesn’t mitigate damages

Most California employers (and their counsel) likely believe that an employee who obtained new employment in the same business at a higher salary with a promotion that required similar skills would have obtained employment…more
| Civil Remedies, Civil Rights, Labor & Employment Law

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
| Civil Procedure, Intellectual Property

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
| Civil Procedure, Conflict of Laws, Intellectual Property

The Evolving Protected Class of Caregivers: San Francisco’s Family Friendly Workplace Ordinance

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
| Civil Rights, Labor & Employment Law

Employee Arbitration Agreements in California: Employers, Don’t Put Your Thumb on the Scale

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

California Court of Appeal Clarifies the Limits of Statutory Trade Secret Displacement (Supersession)

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
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Business Torts, Intellectual Property

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 & Employment Law

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 & Banking, Wills, Trusts, & Estate Planning

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 Estate - Residential
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