Litigation Articles

31 03, 2021

What’s That Ringing Sound? Court of Appeal Holds Electromagnetic Hypersensitivity Can Constitute a “Physical Disability” Under FEHA

2021-03-31T04:41:51+00:00March 31st, 2021|Litigation Articles|

Electromagnetic hypersensitivity (“EHS”), also known as microwave syndrome or being allergic to electricity, has been represented in pop culture and social media for several years.[i]  One of the most prominent portrayals of EHS is in the TV show Better Call Saul, the prequel to Breaking Bad, where successful attorney Chuck McGill – a name partner at a fictional Albuquerque Continue Reading

11 03, 2021

Just What the Doctor Ordered: Second District Permits Trade Secret Protection for Physician Productivity Data

2021-03-11T23:28:56+00:00March 11th, 2021|Litigation Articles|

At the end of 2020, California’s Second District Court of Appeal decided Coast Hematology-Oncology Associates Medical Group, Inc. v. Long Beach Memorial Medical Center,[i] a case involving rival medical groups and allegations of trade secret misappropriation, interference with prospective economic advantage, interference with a contract, and unfair competition.

Of particular note are the court’s holdings on one of the plaintiff’s Continue Reading

11 03, 2021

Whitewater West Industries, Ltd. v. Alleshouse: California Law Torpedoes Post-Employment Invention Assignment Provisions

2021-03-11T13:43:41+00:00March 11th, 2021|Litigation Articles|

California employers beware. You can use a properly drafted contract to prohibit former employees from using your confidential information after they leave your business. But, if your contract requires a former employee to hand over to you his or her good ideas related to your business conceived after leaving your company and without using company information, that may be asking for Continue Reading

4 12, 2020

CCPA Blog Series: Post No. 4 We Barely Got to Know You: How Prop 24 Changed the CCPA

2020-12-08T20:05:45+00:00December 4th, 2020|Litigation Articles|

In our first three posts on the CCPA, we discussed how its data privacy provisions might affect businesses and empower consumers, as well as the law’s implications on COVID-19 temperature checks. Although it has been a mere eleven months since the CCPA took effect, we already have a new law to evaluate. Buoyed by seven-figure support from San Francisco-based real estate Continue Reading

13 07, 2020

COVID-19 and the CCPA: The Privacy Implications of Temperature Checks

2020-07-13T03:07:49+00:00July 13th, 2020|Litigation Articles|

While the CCPA has been in effect for several months now, the COVID-19 pandemic has forced businesses to grapple with the law in a new light. In earlier posts, we provided a general overview of the new law and detailed the new consumer rights that it establishes. Companies are now looking for ways to keep their employees and customers Continue Reading

6 07, 2020

Buckles, Clasps, and Other New Tools for Trademark Enforcement

2020-07-06T23:12:57+00:00July 6th, 2020|Litigation Articles|

Business that use trademarks or service marks now have a more powerful remedy against others who use those marks, or confusingly similar ones, without consent. A new United States Supreme Court decision, issued April 23, 2020, removes the requirement of proving willful infringement to recover lost profits. Plaintiffs in trademark lawsuits can now recover losses by proving infringement alone. This decision Continue Reading

1 05, 2020

Kim v. Reins: Another PAGA Wrench Thrown Into the Settlement Finish Line for Employers

2020-05-01T00:26:26+00:00May 1st, 2020|Litigation Articles|

On March 12, 2020, the California Supreme Court issued its highly anticipated decision in Kim v. Reins. The Court held that an employee does not lose standing to pursue a claim under the Private Attorneys General Act of 2004 (PAGA) if the employee settles and dismisses his or her individual claims for the underlying Labor Code violations.

In light of this decision, Continue Reading