Articles/News
GDPR-Year One: Practitioners’ Perspective
According to the International Association of Privacy Professionals, over the last year in the EU, more than 94,000 individual complaints have been filed, 200,000 cases have been received by Data Protection Authorities, and GDPR enforcement actions have resulted in over €56,000,000 in fines.1 There is little question that data privacy and security has become a […]
Donahue Fitzgerald Advises The Speech Pathology Group in its Partnership with Ridgemont Equity Partners
Read the full press release, Ridgemont Equity Partners Announces Partnership with The Speech Pathology Group.
Reporting Time Pay Obligations Expanded for California Businesses
Often times, businesses send employees home early if business is slow. In those situations, where “an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or […]
An Estate Planner’s Guide to Family Law Presumptions
I. Introduction As estate planners, we prepare carefully crafted estate plans for clients who typically have a clear view of their family dynamics and ultimate wishes. We aim to be thorough and to provide multiple contingency plans so our clients’ wishes are carried out upon their deaths. However, it cannot be ignored that, with the […]
Spotify Settles $1.6B IP Suit Brought By Tom Petty’s Publisher
Law360 (December 20, 2018, 5:05 PM EST) — Spotify Inc. and the music publisher representing Tom Petty, Stevie Nicks and other popular songwriters announced Thursday an end to a $1.6 billion copyright infringement dispute that accused Spotify of cheating artists out of millions of dollars in royalties. In a joint statement, Spotify and Wixen Music […]
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 […]
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 […]
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 […]
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 […]
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 […]