CMCP - California Minority Counsel Program

Uber Drivers – Independent Contractors or Employees?

On June 3, 2015, the California Labor Commissioner’s Office, following an evidentiary hearing, issued a decision finding that under the state’s wage and hour laws, Uber was an “employer” of drivers using its online platform to…more
| Communications & Media Law, Labor & Employment Law, Transportation

OMNICARE and its Implications

In the spring of this year, the Supreme Court issued its long-awaited decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S.Ct. 1318 (2015), resolving a circuit split regarding the…more
| Commercial Law & Contracts, Finance & Banking, Health, Labor & Employment Law, Securities Law

Written Objections to Summary Judgment Evidence are Preserved for Appeal

On August 10, 2015, Governor Brown signed SB 470, codifying the holding in Reid v. Google, Inc. (2010) 50 Cal.4th 512, that evidentiary objections on motions for summary judgment are preserved on appeal whether or not the trial…more
| Civil Procedure, Civil Rights, Communications & Media Law, Labor & Employment Law

Trend to Limit ADA and FEHA Definitions of Disability Attributed to Behavioral Disorders Affecting Work Relations?

Could there be a trend starting among the courts to put restraints on the reach of the disability discrimination laws when it comes to mental impairments affecting an employee’s ability to get along with others in the workplace?…more
| Civil Rights, Labor & Employment Law

125 Years Later, CA Supreme Court Grants Membership Posthumously to First Chinese-American Lawyer

On March 16, 2015, the California Supreme Court corrected an 1890 decision that denied Hong Yen Chang admission to the California State Bar because of his Chinese heritage. It took a team composed of Chang’s descendants and law…more

A Tale Of Two Public Entities: What Employers Can Learn About The FEHA Accommodation Process

Finding the right accommodation for a disabled employee can be a difficult task under the Fair Employment and Housing Act (“FEHA”). An employer’s accommodation obligations are broad, and litigation can ensue when there is a…more
| Civil Rights, Labor & Employment Law

DISHing it out with the Fox: How the Second Screen Has Survived Fox’s Copyright Attacks

January’s Central District of California ruling on Fox Broadcasting’s claims against the DISH Network clarifies some of the ambiguity surrounding second screen cross-device programming distribution and copyright infringement…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Baby Steps after Conception: The development on federal and California law on the availability of class wide arbitration

Four years ago, the United States Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion altered the landscape of class action litigation. Putative class plaintiffs Vincent and Liza Concepcion filed a suit against their…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Communications & Media Law

California’s Anti-Bullying Statute – What is the Effect of Non-Compliance?

By now, California employers should be aware of the “antibullying” law, which became effective on the first of this year. The statute is a compromise between employee rights groups seeking expansion of existing “harassment” laws…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law

25 Years of Creating Opportunities for Minorities and Women

CMCP’s marquee event, the annual Business Conference, was held in San Francisco from October 20th to the 21st and included two full days of panel discussions, speeches and awards ceremonies. This year’s event was particularly…more
| Commercial Law & Contracts, Law Firm Marketing

California Data Breaches Require Identity Protection Services

California has long set the standard for protection of its residents’ personal information. California’s constitution explicitly recognizes a right to individual privacy and California’s legislature has been on the forefront of…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

SCOTUS Tightens Patent Standards for Computer-Implemented Inventions

At a time when patent application filings and litigation proceedings for computer-implemented inventions have reached all-time highs, this summer the U.S. Supreme Court issued a highly anticipated opinion addressing the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

CA Supreme Court: New Duties for Businesses Regarding Having Defibrillators on-site; and Whether Anti-Discrimination Statutes Also Apply to Business Websites

California Rule of Court 8.548 permits the Ninth Circuit to certify questions of California state law to the California Supreme Court. On average, this happens a handful of times per year. Over the past five years, the…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Communications & Media Law, Personal Injury

Termination and Reversion of Copyright Grants and the Termination Gap Dilemma

The 1976 Copyright Act (the “Act”) has been in effect since January 1, 1978. Since that time, the Act has provided authors (and some heirs, beneficiaries, and representatives) with the right to terminate prior grants of their…more
| Finance & Banking, Intellectual Property

Lanham Act Claims Are Not Precluded by Compliance with the FDCA

In POM Wonderful LLC v. Coca-Cola Co., decided last month, the U.S. Supreme Court confirmed that companies can bring unfair competition actions under the Lanham Act even when their competitors have complied with the Federal…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Consumer Protection, Products Liability
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465 California Street Suite 635
San Francisco, CA 94104 , United States

Contact: Nishan Ardon

  • 415-782-8990
  • 415-477-2391

Areas of Practice
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Other U.S. Locations
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