Articles/News

Nov 26 2018

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 […]

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Nov 15 2018

Associate Carolina Wu Joins Donahue Fitzgerald

Carolina joins the firm from a New York firm where she focused on banking and financial services, business and corporate law, and commercial and residential real estate. She currently advises clients in areas such as business entity formations, asset purchase transactions, and commercial contract reviews. Prior to that, she served as legal counsel for a […]

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Nov 15 2018

Impacts of the New Revenue Recognition Rule (ASC 606)

Current Rule:  ASC 952-605 New Rule:  ASC 606 Franchisors recognize initial franchise fees when (or shortly after) the franchisor has performed its material pre-opening and opening obligations to a new franchisee (typically, when the franchisee commences operations). Depending on its operations and nature of the initial services a franchisor provides to its franchisees, the franchisor […]

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Nov 7 2018

California Consumer Privacy Act

Compliance with the CCPA will require many companies to reevaluate certain practices relating to the collection and use of Personal Information.  This Client Alert provides information related to who needs to comply with the CCPA and what is required so that you can begin to assess the impact on your organization. Important Dates January 1, […]

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Nov 1 2018

Donahue Fitzgerald Ranked in Top Tier of 2019 “Best Law Firms”

Firms included in the 2019 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. To be eligible, a firm must have a lawyer listed in The Best Lawyers in America©, which recognizes the top 4 percent of practicing attorneys in the U.S. receiving a Tier 1 ranking […]

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Oct 4 2018

Employment Agreements: New Restrictions on Non-Disparagement, Release of FEHA Claims, and Sex Harassment Confidentiality Provisions

It prohibits employers, in exchange for a raise, bonus, or as a condition of employment, from requiring employees to sign a release of claims under FEHA, or a non-disparagement agreement that inhibits the ability of an employee to disclose illegal acts in the workplace, including but not limited to sexual harassment. To be added section […]

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Sep 21 2018

Associate Samantha Tran Joins Donahue Fitzgerald

Sam joins Donahue Fitzgerald’s Intellectual Property and Franchise practices. Prior to joining Donahue Fitzgerald, she worked at California Lawyers for the Arts as a Senior Law Fellow. She worked with creative artists, independent inventors, national law firms and corporate in-house legal teams on a myriad of pro bono art related matters. Since 2012, she has provided […]

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Sep 14 2018

Senior Counsel Kate Friend Joins Donahue Fitzgerald

Kate joins Donahue Fitzgerald’s Employment and Litigation practices. As an experienced litigator, she assists clients in all phases of the litigation cycle from pre-litigation advice, up to and including serving as a second chair at trial. Prior to Donahue Fitzgerald, she practiced extensively in high-stakes, complex litigation, much of it in the toxic tort arena. […]

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Sep 10 2018

Senior Counsel Yen P. Chau Joins Donahue Fitzgerald

Yen joins Donahue Fitzgerald’s Employment practice. A seasoned employment law litigator, Yen handles claims involving FEHA/ Title VII violations of discrimination, harassment, retaliation, failure to accommodate, and wrongful termination. She also represents her clients in cases involving trade secret misappropriation and wage and hour violations. She litigates in state and federal courts, as well as […]

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Aug 27 2018

The Bounds of the Work for Hire Doctrine

Both the House and Senate Reports have the same four paragraph summary of the intent of Congress in enacting the “new” work for hire provisions in the 1976 Act.[1]  In pertinent part, those reports state that the work for hire provision: adopts one of the basic principles of the present law: that in the case […]

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