Articles/News

May 21 2020

The Impact of Romag Fasteners Inc. v. Fossil Inc.: Willfulness Is Not Required For An Award Of Profits In Trademark Infringement

Summary of the Case The case involved Fossil, Inc., which sells handbags and small leather goods, and Romag Fasteners, Inc., which manufactures and sells magnetic snap fasteners that are used in wallets, handbags, and other leather goods. In 2002, Fossil entered into an agreement to use Romag’s fasteners in Fossil’s products. However, in 2010 Romag […]

Read »
Apr 8 2020

Relief for Small Businesses Under the CARES Act

Paycheck Protection Program (PPP) The PPP provides increased loan amounts for immediate capital to cover the cost of retaining employees for eligible small businesses and includes a mechanism for loan forgiveness. PPP loans will be available from participating commercial lenders between February 15, 2020, and June 30, 2020. These PPP loans are fully guaranteed by […]

Read »
Mar 31 2020

Does COVID-19 Excuse Performance Under Your Contract?

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 […]

Read »
Mar 27 2020

Novel Coronavirus (COVID-19) – Employee Privacy Issues

During a pandemic such as COVID-19 may an employer take employee’s temperature to determine whether they have a fever? Yes. Employers may measure employees’ body temperature for the limited purpose of evaluating the risk the employee’s presence may pose to others in the workplace as a result of the COVID-19 pandemic, per current guidelines issued […]

Read »
Mar 26 2020

WARN Act Advisory – Coronavirus Update

Although the Governor recently signed Executive Order N-31-20  in response to the Coronavirus pandemic (relieving California employers of some of the WARN Act notice requirements), the Executive Order still requires an employer to issue proper written advance notices of a layoff, relocation, or termination. Under the Executive Order, an employer must still (1) give written […]

Read »
Mar 19 2020

New Law Related to COVID-19 on Paid Sick Leave and Family Emergency Care Leave Effective April 1, 2020

Both Acts cover employers with 1 to 500 employees, are effective 4/1, and sunset at the end of the year.  Impacted employers have 15 days to understand their new obligations and prepare. Emergency Paid Sick Leave Act Mandates an additional 80 hours of paid sick leave for full-time employees (or 2 times the average weekly […]

Read »
Mar 16 2020

Donahue Fitzgerald’s Response to COVID-19

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, […]

Read »
Mar 3 2020

Doing the Right Thing: Avoiding the Risks Inherent in Correcting Misclassification of Independent Contractors

Lately, coverage of AB5 has shifted to legal challenges to the law. First came the truckers, soon after Uber and Postmates and, last but certainly not the least, the freelance journalists3. California businesses and their attorneys are waiting with bated breath to see how those lawsuits play out. Others are exploring how to gain exemptions […]

Read »
Feb 26 2020

California Supreme Court Confirms Employer’s Exit Searches Must Be On-The-Clock

Frlekin is a class action brought by a group of Apple store retail employees who were required to submit to post-clock-out searches of their bags before leaving Apple store premises.  According to the employees’ allegations, these searches were not cursory, lasting from 5 to 20 minutes depending on the availability of a manager or security […]

Read »
Feb 13 2020

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 […]

Read »