I. Force Majeure Provisions A force majeure provision generally protects or excuses parties in the event that a part or all of the contract cannot be performed due to causes that are outside of the control of the parties and could not be prevented by the exercise of prudence, diligence, and due care. Typical […]
On December 15, 2022, Non-Emergency COVID-19 Prevention Regulations were adopted and will become effective in the month of January 2023 once approved by the Office of Administrative Law (OAL). The ETS will remain in effect until the OAL replaces it with a “permanent” regulation. Once approved, the permanent regulation will be in effect for two […]
Sales are starting to increase and you are gaining some great momentum in the right direction! Several months later, you receive a letter from an attorney representing XYZ corporation who advises you that you are infringing on XYZ’s trademarks and other legal rights and that you must immediately cease and desist from all further use […]
Recruiting Donahue Fitzgerald recruits and employs exceptional people at all experience levels. In addition to legal knowledge and experience, we look for the enthusiasm, creativity, confidence, initiative, and interpersonal skills necessary to engage with clients, understand clients’ business interests, and represent clients’ interests successfully in litigation, business and corporate transactions, high technology IP work, real […]
Highlighted below are five key amendments to the FEHA regulations. For the text of all of the changes, visit the Fair Employment and Housing Council website. 1. Coverage to Employers with Five or More Employees FEHA’s anti-discrimination provisions apply to all employers with five or more employees. The new regulations clarify that to reach the “five […]
It is true that, under U.S. copyright law, a copyright emerges automatically when a creative work is “fixed in a tangible medium of expression” (e.g., when a person records an original song or writes source code for a computer program, the creative work is “fixed” and a copyright emerges automatically). The ability to obtain a […]
March 16, 2020 The health and safety of our clients, employees, and the community at large is foremost in our minds as we continue to closely monitor the COVID-19 outbreak. With the shelter in place directive impacting San Francisco, Santa Clara, San Mateo, Marin, Contra Costa, and Alameda counties, effective at 12:01 am on Tuesday, […]
Here are the key provisions: 1. The ETS applies to all employers and employees, except: a) Employees working on site but alone and with no contact with others; b) Employees when working remotely at home; c) Employees covered under the Aerosol Transmissible Diseases standard (CCR section 5199). 2. The ETS requires employers to have a […]
UPDATE: Congress has extended the deadline for businesses to apply for loans under the PPP program to August 8, 2020. While the deadline has been extended, some participating banks and other lenders are not accepting applicants. Business clients who missed the earlier June 30 application deadline should act promptly to submit their applications by August […]