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The Rule Of Reasonableness: Non-Compete Provisions In California Business Contracts

The California Supreme Court in the 2008 case, Edwards v. Arthur Andersen LLP, ruled that a provision in an employment agreement that prevented an employee from competing with his former employer following the termination of...more

You Must Prove Actual Damages If You Want Punitive Damages In An Infringement Action

Imagine litigating an infringement case for two years, and after a nine day jury trial, obtaining a jury’s verdict that says you’ve established infringement and awards your client $5,000,000. Then you realize that the jury...more

“Birds Of A Feather” – The Ninth Circuit Confronts “Single Unit Of Publication” Copyright Issue

Unicolors, Inc. creates and markets artistic design fabrics to various garment manufacturers. Some of these designs are marketed to the public and placed in its showroom while other designs are considered “confined” works...more

Inside Out: The Ninth Circuit Holds The Moodsters Are No Batman

Certain literary or graphic characters may, in some cases, enjoy copyright protection. Think James Bond – or Batman and even his Batmobile. Recently, the Ninth Circuit was called upon to determine whether the Moodsters,...more

4th UPDATE: DOL Again Updates Question & Answers Page For FFCRA

We have previously written about the US Department of Labor issuing a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response...more

Burbank High School Jumps With Glee Over Copyright Victory

Burbank High School runs a music program that reportedly provided the inspiration for the hit TV show, Glee. It is nationally known for the competitive show choirs its students participate in as part of the program. To defray...more

3rd UPDATE: DOL Again Updates Questions & Answers Page For FFCRA

As previously advised, the US Department of Labor has issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act...more

DOL’s Informational Webinar re: FFCRA Compliance Goes Live

Earlier this week, the U.S. Department of Labor announced that it would be posting an informational webinar regarding compliance issues with the recently-enacted Families First Coronavirus Response Act (“FFCRA”)...more

DOL Announces Temporary Rules For FFCRA Implementation; Informational Webinar To Be Released On April 3, 2020

We have been keeping you informed of recent actions by the US Department of Labor to advise employers of their obligations under the recently enacted Families First Coronavirus Response Act (“FFCRA”). This has included the...more

2nd UPDATE: DOL Again Updates Question & Answers Page For Families First Coronavirus Response Act

Last week, we alerted you to the fact that the US Department of Labor had issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the FFCRA. Late Saturday...more

DOL Updates Questions & Answers Page For Families First Coronavirus Response Act

Earlier this week, we advised you that the US Department of Labor had issued a Question & Answers webpage that addressed some issues arising out of the passage of the FFCRA, most importantly clarifying that it would become...more

Employers Beware! Settling Individual Employee Claims Will Not Bar His Or Her PAGA Claims

On March 12, 2020, in the case Kim v. Reins International California, Inc., the California Supreme Court addressed the issue: “Do employees lose standing to pursue a claim under the Labor Code Private Attorneys General Act...more

YouTube And The First Amendment

Is the privately-owned YouTube site really a “state actor” subject to judicial scrutiny under the First Amendment? That’s the claim made in a lawsuit by Prager University, which is not really a university. The Ninth Circuit...more

Is Your Competitor Objectionable? The Scope Of Immunity Under The Communications Decency Act

In February 1996, faced with increasing public concern about the availability of pornography on the internet, as well as recent court decisions that seem to deter efforts to filter out such content, Congress enacted the...more

Challenging A Trade Secret Injunction? Better Come Loaded For Bear

One of the most common forms of relief sought in trade secret litigation is an injunction preventing the defendants from using or disclosing the plaintiff’s trade secret information. Although temporary restraining orders...more

New California Law Will Outlaw “No-Rehire” Provisions In Settlement Agreements

I have discussed in the past how the use of “no-rehire” provisions in settlement agreements between employers and their former employees were coming under attack in court. In 2015, the Ninth Circuit in Golden v. California...more

LinkedIn Profiles And The Applicability Of The Computer Fraud And Abuse Act

LinkedIn is a popular professional networking website with more than half a billion members. Many of its users, in an effort to enhance their networking capabilities, make their profile public and available to anyone to...more

Ninth Circuit Inquiry On Non-Competes Could Have Huge Implications

The Ninth Circuit recently asked the California Supreme Court to provide it with guidance concerning certain types of non-compete provisions that could have huge ramifications for California’s business environment. In...more

Web Domains And The Forgotten Tort Of Trespass To Chattels

California case law over the last few years is replete with instances where a new and/or small business has one of their employees take responsibility for various IT activities such as setting up the company website and/or...more

Potential Copyright Owners Beware: Make Sure Your Copyright Registrations Are Accurate!

Normally, a copyright registration certificate constitutes “prima facie evidence of the validity of a copyright and of the facts stated in the certificate.” 17 U.S.C. §410(c). But what happens if that certificate contains...more

Do You Know Where The Photos For Your Website Come From?

Many businesses rely on their websites to promote their company and drum up business. Having a “professional” looking web page is considered a must and companies spend a lot of money in creating and maintaining their web...more

Employee Non-Solicitation Provisions Under Attack

Companies have a number of tools available to them to help protect their intellectual property, including trade secret and other proprietary information that give them a competitive advantage. Many employers utilize detailed...more

Co-Worker Non-Solicitation Provisions In Jeopardy?

For years, California courts have recognized the right of employers to use non-solicitation provisions in employment agreements to prevent employees from “soliciting” their coworkers to join them at a new employer. For...more

[Event] 2019 Employment Law Update - January 23rd, San Francisco, CA

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal...more

Royalties, Preemption And Attorney’s Fees

The Ninth Circuit recently was called upon to decide awarding attorney’s fees in a case where artists were suing for unpaid royalties under the California Resale Royalties Act (“CRRA”). In the case, Close v. Sotheby’s, Inc....more

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