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Supreme Court Rules California Arbitration Agreements Between Employers and Employees Are Enforceable as to Employees’ Individual PAGA Claims
In Viking River Cruises, a sales representative accused her employer of violating the California Labor Code and filed a PAGA action in court. But the employer sought to enforce an arbitration agreement they had signed, which contained a class action waiver (waiving the right to litigate PAGA actions in court) and a severability clause (specifying […]
Dawn Newton Appointed to the NASAA Franchise and Business Opportunity Advisory Committee
Dawn has been selected as one of 12 attorneys from across the country to serve on this newly formed Advisory Committee. The Committee will provide advice, assistance, and recommendations to NASAA’s Franchise and Business Opportunity group, which consists of regulators who oversee franchising on behalf of their states throughout the U.S., including deputy attorneys general […]
Do the royalties go on? Asks judge in Sonny & Cher copyright case
Excerpted from the article: “Bono’s attorney Daniel Schacht of Donahue Fitzgerald said Monday that the heirs are not bound to the divorce agreement, “a contract that they didn’t sign,” and that it did not affect the termination rights they inherited. Cher’s attorney Peter Anderson of Davis Wright Tremaine argued that the royalties are different from […]
Cher’s $1 Million Royalty War With Sonny Bono’s Widow Tested in Court
Excerpted from the article: “Judge Kronstadt questioned terminating a hypothetical divorce agreement where, “like here,” a spouse agreed to share royalties in exchange for not having to pay spousal support. “Do you think that spouse would be remedy-less?” Judge Kronstadt asked. Daniel Schacht said, “the court’s hypothetical raised a “fairness” question that seemed to work […]
Dawn Newton Recognized as 2022 Franchise Times Legal Eagle
The Legal Eagles distinction is reserved for top franchise lawyers who “live and breathe franchising and truly understand the nuances of the unique business model.” To determine its list of Legal Eagles, Franchise Times considers nominations and recommendations from clients, peers and other legal professionals. Read more about this recognition here. About Donahue Fitzgerald Donahue Fitzgerald […]
Legal Topics You Need to Know
“Music copyright laws. For businesses using music, particularly fitness facilities but also other businesses that may periodically play or perform music as part of their business, the rules on the required licenses can be complicated, can vary across countries, and can carry significant penalties. Compliance requires understanding the laws and educating franchisees to avoid playing […]
New Requirements Under Automatic Renewal Laws: Here’s How to Stay Compliant
California’s ARL – AB 390 In 2010, California enacted the ARL, which requires companies to clearly disclose the material terms before a consumer subscribes to an automatic renewal program, and to obtain affirmative consent to the terms before charging a consumer. The ARL requires businesses to: Clearly and conspicuously disclose certain automatic renewal terms, including […]
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 […]
California Passes New COVID-19 Supplemental Paid Sick Leave for 2022
Under the new supplemental paid leave act, employees are entitled to take up to 40 hours paid sick leave related to COVID-19: to quarantine as required by any applicable federal, state or local order, or upon the advice of a health care professional; to care for themselves or family members (a spouse, child, parent, grandchild, […]
Associate Melanie Kim Joins Donahue Fitzgerald
Melanie joins Donahue Fitzgerald’s Litigation and Employment practices. She has helped represent clients in a variety of employment-related matters involving wage and hour, discrimination, retaliation, harassment, and wrongful termination claims. She has also assisted with matters involving PAGA claims and claims involving workers’ compensation. She assists clients in all aspects of litigation, including pre-litigation investigation […]