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You are in negotiations with a copyright owner to obtain a license to her work, which you want to publish, distribute, and/or license yourself. You want to ensure that you have the right to enforce the copyright against...
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It’s hard to see anything positive in a denial letter from an insurer. But denials sometimes have a silver lining: an insurer’s wrongful denial may actually expand coverage for the insured. This article explores three...
July 30, 2017
New California Employment Legislation: Legislature Continues to Expand Employee Rights
Numerous new laws took effect in California on January 1, 2014 which expand employee rights and increase compliance requirements for employers. Expanded whistleblower rights, increased penalties for nonpayment of wages, and...
From Fox News to United Airlines to the “Trump Effect,” consumer boycotts are trending. But when do boycotts actually work, and how should business owners react? The rise of instant media consumption certainly...
A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...
On Monday, June 19, 2017, the U.S. Supreme Court in Matal v. Tam, 582 U.S._ (2017), unanimously struck down the disparagement clause of the Lanham Act, 15 U.S.C.A. § 1052(a), on grounds that it violates the Free Speech...
What is the scope of discovery that a judgment creditor can obtain from a third party in a judgment debtor examination? Extensive, according to the court in Yolanda’s, Inc. v. Kahl & Goveia Commercial Real Estate, 11...
There is no question that noncompete agreements in California employment contracts are generally unenforceable. Many other states, however, may enforce such agreements if they are “reasonable” in duration and...
This one-page chart outlines the current federal and state laws relating to pay equity....
Payne & Fears LLP partners James R. Moss and Sean O’Brien contributed to Continuing Education of the Bar (CEB) – California’s practice book titled “Advising California Employers and...
This sample harassment, discrimination and retaliation policy may need to be modified depending on the circumstances of a particular employer, and therefore it does not constitute legal advice. Please consult with an attorney...
Introduction In 2014 over 27 million people watched the League of Legends World Championships on Twitch and ESPN3. This viewership exceeds that of Game 7 of the World Series or the NBA Finals games. Esports is...