In what may seem to be a surprising series of events, given the state’s infamous hostility to restrictive covenants, a California appellate panel recently affirmed a Los Angeles Superior Court judgment effectively enjoining...more
In an expansive recent ruling, the California Court of Appeal in Brown v. TGS Management Co., LLC reversed a judgment confirming an arbitration award, examining the arbitrator’s findings, and ultimately invalidating a...more
As discussed in previous updates, courts across the country continue to grapple with the application of force majeure provisions in contracts, as well as the related legal doctrines of impossibility, frustration of purpose,...more
10/29/2020
/ Breach of Contract ,
Business Interruption ,
Carriage Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Force Majeure Clause ,
Infectious Diseases ,
Insurance Claims ,
Performance Standards ,
Policy Terms
On September 11, 2020, the California Court of Appeal issued a decision with two crucial holdings limiting the scope of California’s Automatic Renewal Law (ARL), Business and Professions Code sections 17600, et seq....more
Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a...more
8/19/2020
/ At-Will Contracts ,
Business & Professions Code ,
Business Disputes ,
CA Supreme Court ,
Cartwright Act ,
Collaboration ,
Competition ,
Employment Contract ,
Franchise Agreements ,
Motion to Dismiss ,
Non-Compete Agreements ,
Tortious Interference ,
Unfair Competition Law (UCL) ,
Wrongful Acts
Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a...more
Companies responding to the pandemic are faced with the challenges of not only complying with federal, state, and local emergency orders and guidelines for each location in which they operate, but also ensuring that any...more
“The chirp, buzz, or blink of a cell phone receiving a single text message is more akin to walking down a busy sidewalk and having a flyer briefly waved in one’s face. Annoying, perhaps, but not a basis for invoking the...more
On May 14, 2019, Oregon Governor Kate Brown signed into law HB 2992, which, as of January 1, 2020, requires an employer to provide a terminated employee with a signed, written copy of his or her non-competition agreement...more
6/24/2019
/ Appeals ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
State and Local Government ,
State Labor Laws ,
Trade Secrets
Even before the California Supreme Court decided Edwards in 2008, employers knew all too well the woes of attempting to enforce non-competes against California employees. Edwards simply reaffirmed California’s long-standing...more
6/7/2019
/ Contract Terms ,
Deferred Compensation ,
Denial of Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Forfeiture ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Retirement