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Donahue Fitzgerald Recognized in the World Trademark Review’s 2023 WTR 1000 Ranking

The WTR cites leading trademark practitioners globally. Among top practitioners, WTR described IP attorney, Jonathan Osder as the “go-to for technology – particularly software – matters.” California State Board Certified Legal Specialist in Franchise and Distribution, Dawn Newton, is recognized “as a leading specialist regarding franchising.” WTR notes that Music and Entertainment chair and IP […]

Donahue Fitzgerald Recognized in the World Trademark Review’s 2022 WTR 1000 Ranking

The WTR cites leading trademark practitioners globally. Among top practitioners, they described California State Board Certified Legal Specialist in Franchise and Distribution, Dawn Newton, “as a top franchising expert and all-round transactional ace.” WTR notes that Music and Entertainment chair and IP co-chair, Daniel Schacht, “possesses first-rate licensing know-how and leads a dynamic practice in […]

Donahue Fitzgerald Recognized in the World Trademark Review’s 2020 WTR 1000 Ranking

The WTR cites leading trademark practitioners globally. Among top practitioners, they noted that Managing Partner, Andrew MacKay, “is effective at starting dialogues that lead to fruitful resolutions without anything having to be filed, standing out as a business-minded and cost-conscious litigator.” WTR notes that Music and Entertainment Chair and IP Co-chair, Daniel Schacht, “anchors the […]

Avoid Class Action Suits by Using Arbitration Agreements

On April 27, 2011, the U.S. Supreme Court issued a ruling in AT&T Mobility LLC v. Vincent Concepcion that barred a consumer class action and overturned prior California law that prohibited class action waivers in arbitration agreements. In doing so, the Court created a mechanism by which savvy businesses can avoid class actions in a […]

New Court of Appeals Decision Calls Non-Solicitation Provisions Into Doubt

The Court of Appeals found that the anti-raiding provision, which prohibited former employees from “directly or indirectly” soliciting or inducing any AMN employee to leave AMN for a one year period was void.  The Court of Appeals also rejected arguments that information about the names, contact information and compensation packages of the recruited employees were […]

California Supreme Court Confirms Retroactivity of ABC Test

Language in Dynamex presaged this result.  Vazquez is also consistent with the general rule that judicial decisions are given retroactive effect.  However, because the 2018 Dynamex opinion was silent on the issue of retroactivity, some employer litigants hoped that the Court could be persuaded to treat Dynamex as an exception to the general rule of […]

New California Supreme Court Decision Holds Business Owner Cannot be Held Personally Liable on a Common Law Theory of Conversion Due to Failure to Pay Wages

The Voris decision involved a co-founder of a group of real estate investment startups who was fired after he raised financial improprieties involving his business partners.  Voris was successful in his wage claims against the business entities.  However, he was unable to collect because the start-ups were insolvent.  Voris instead attempted to obtain a recovery […]

US Federal Trade Commission Bans “Non-Compete” Agreements Across The US

This new federal rule invalidates existing non-compete agreements, except those covering “senior executives,” defined as individuals earning over $151,164 annually who are in a “policy-making position.” This federal rule requires employers to give written notice to current and former workers/employees that their non-compete agreements are no longer in effect. The rule defines “noncompete clause” as […]

Business Succession Considerations Under the Tax Cuts and Jobs Act of 2017

Estate and Gift Tax Considerations An important update under the Act is the adjustment made to the federal estate and gift tax exemption (the “Exemption”). The Act effectively doubled the unified federal estate and gift tax credit, with an individual’s Exemption previously set at $5 million now set at $10 million (both inflation adjusted). In […]

Donahue Fitzgerald Attorneys Recognized in the Best Lawyers in America® 2021 Edition

Dawn Newton, Franchise Law Kristin A. Pace, Tax Law Merrill J. Schwartz, Corporate Law Wilfrid F. Roberge, Jr., Trusts and Estates Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. The Best Lawyers in America rankings are based solely on peer-review surveys in which tens […]