1912, 2019

Good For the Goose and Gander: Is California’s Ban on Non-Competes Limited to Employment Contracts?

December 19th, 2019|Categories: Litigation Articles|

So-called “non-compete” agreements have been banned under California Business and Professions Code section 16600 for many years, predominantly in the employer and employee context. After differing interpretations of Section 16600 arose between state and federal courts in California, in 2008, the California Supreme Court ruled that any contractual restraint on one’s ability to engage in a lawful profession, trade, or Continue Reading

912, 2019

You Want To Scrape My What?!?! Public LinkedIn User Profile Data Can Be Gathered And Used By Third Parties

December 9th, 2019|Categories: Litigation Articles|

Who controls access to user data available online such as LinkedIn profiles? In hiQ Labs, Inc. v. LinkedIn Corp. the Ninth Circuit recently addressed this question, holding that LinkedIn does not have the right to control access to data publicly available on its website.

HiQ Labs provides “people analytics” to employers by “scraping” data from individuals’ public LinkedIn profiles. Scraping can Continue Reading

December 2019

Monthly Litigation Law Tip

Just as Santa knows who’s been naughty or nice, so too, do computer forensics professionals, who can be extremely helpful in discovering useful evidence in litigation.

1410, 2019

California Supreme Court Deflates Ascertainability Requirement for Class Certification

October 14th, 2019|Categories: Litigation Articles|

Recently, in Noel v. Thrifty Payless, Inc., the California Supreme Court relaxed the ascertainability requirement for class certification in a significant ruling for class action plaintiffs.

In Noel, a consumer filed a putative class action under California unfair competition and false advertising laws alleging that a $59.99 Rite Aid inflatable outdoor pool was much smaller than advertised.  (The lawsuit alleged that Continue Reading

1110, 2019

I’ve Been Waiting Seven Months for My Copyright Registration. Is My Creative Work at Risk of an Infringement Suit?

October 11th, 2019|Categories: Litigation Articles|

If your business involves creating generating creative expressions (like books, photographs, or even websites) you probably already know you can prevent unauthorized use or copying of your creative works by filing a lawsuit under federal copyright law.  And you may know that, before you can file suit against an unauthorized user or copier (an “infringer”), you must register your copyright Continue Reading

1110, 2019

The Enhanced Civil Remedy that Every Litigator Needs to Know About

October 11th, 2019|Categories: Litigation Articles|

Every litigator should be aware of an enhanced civil remedy under one of California’s theft statutes, Penal Code section 496(c), which entitles parties to treble damages and attorney’s fees for any violation under that section.  The Court of Appeal provided a detailed overview of this remedy in Switzer v. Wood, 35 Cal. App. 5th 116, 247 Cal. Rptr. 3d 114 Continue Reading

103, 2019

New Year, New Rule: Refining FRCP 23

March 1st, 2019|Categories: Litigation Articles|Tags: |

Important amendments to Rule 23, the Federal Rule of Civil Procedure governing class actions, have been implemented for the first time in over fifteen years. Class action practitioners, take note of the following key changes:

Expanded Notice Options Under 23(c)(2)(B)

Prior to Amendment…  Rule 23 directed attorneys to provide “the best notice . . . practicable under the circumstances,” Continue Reading