Newsletters

11.02.12

California Supreme Court Depublishes Case Holding That Insurance Adjusters Are Nonexempt Employees

On July 23, 2012, a California appellate court decided Harris v. Liberty Mutual Insurance Company, holding that insurance adjusters were not covered by the administrative exemption and therefore must be paid overtime pay. 


10.22.12

MEA CULPA: U.S. Copyright Office Clarifies Definition of "Compilation" Under Copyright Act

The U.S. Copyright Office recently published a little-noticed, yet potentially far-reaching, "Statement of Policy; Registration of Compilations" in the Federal Register ("Statement"), restricting the definition of "compilation" under Section 103 of the ...


10.18.12

What's Old Is New Again

The Digital Millennium Copyright Act ("DMCA") immunizes conduct involving works the Copyright Act does not protect. 


10.15.12

New California Employment Laws Signed by Governor Brown

On September 30, 2012, Governor Jerry Brown signed into law several bills applicable to California employers that were passed by the Legislature during its 2011-2012 regular session. 


10.12.12

The NLRB Upholds Employer-Friendly Ruling in First Decision Involving Firing Over a Facebook Posting

As a powerful tool to reach a wide audience and a vehicle for users to reveal otherwise private information, social media creates fertile ground for litigation, particularly in the employment and labor context. 


09.24.12

Expert Witness Lacks Standing to Appeal

Nonparty appellate standing has been a surprising hot-button issue over the last year. 


07.25.12

To Appeal, or Not to Appeal: Good Faith Settlement Determinations

In lawsuits involving multiple defendants, it is not unusual for the plaintiff to settle with one or more of the defendants as the lawsuit progresses. 


07.12.12

Banks Take Heed: DOJ’s Escalating Use of the FCPA to Seize Customer Bank Accounts

Banks are vulnerable to seizures of customer assets by the U.S. Government. This article describes the law and procedure surrounding the U.S. government’s asset forfeiture mechanism, an enforcement tool being deployed more frequently in the context of Foreign Corrupt Practices Act ...


06.20.12

Albert Einstein, Marilyn Monroe, and the Right of Publicity

Rumored to have known each other intimately in life, Albert Einstein and Marilyn Monroe have now symbolically met in death in the courtroom. 


06.08.12

Applying the “One Final Judgment Rule” in Cases of Voluntary Dismissal

Under California law, a dissatisfied litigant may appeal a decision only after the trial court has issued its final judgment.