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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 […]
The Continuing Impact of PhoneDog v. Kravitz on the Ownership of Business-Related Social Media Accounts
It’s been almost seven years since PhoneDog v. Kravitz, a pioneering case that helped establish that business social media accounts could constitute trade secrets. In PhoneDog, the United States District Court for the Northern District of California denied the defendant’s motion to dismiss the trade secret misappropriation claim. During these past seven years, the use of social media has only […]
Donahue Fitzgerald Attorneys Recognized in the Best Lawyers in America® 2019 Edition
OAKLAND (August 15, 2018) – Three attorneys from Donahue Fitzgerald were recognized in The Best Lawyers in America® 2019: Dawn Newton, Franchise Law Merrill J. Schwartz, Corporate Law Kristin A. Pace, Tax Law The Best Lawyers in America rankings are based solely on peer-review surveys in which tens of thousands of attorneys confidentially evaluate their colleagues. As lawyers do not […]
Twitter Account Is Trade Secret, Publisher Says, Testing Law
Read the full article, Twitter Account Is Trade Secret, Publisher Says, Testing Law
Nonprofits Need to Know About the New “ABC Test” for Classifying Independent Contractors
The case – Dynamex Operations West, Inc. v. Superior Court – is aimed at making it harder for companies like Uber and Lyft to use independent contractors, but the breadth of the Court’s ruling extends beyond the Gig Economy, impacting every industry, including the nonprofit sector. In the Dynamex Operations West case, the California Supreme […]
Donahue Fitzgerald Attorneys Named 2018 Super Lawyers
Kristin A. Pace: Estate and Probate Wilfred F. Roberge, Jr.: Estate and Probate Mary M. Rudser: Estate and Probate Elizabeth M. Engh: Estate and Probate David A. Stein: Construction Litigation Jonathan McNeil Wong: Immigration Practice areas represented include estate and probate, construction litigation, and immigration. All recognized attorneys have been honored for five years or […]
Sweeping New Music Law Expedites A $1.6 Billion Lawsuit Against Spotify
Read the full article, Sweeping New Music Law Expedites A $1.6 Billion Lawsuit Against Spotify.
LA punk rock band NOFX aims to share in $1.6 billion Spotify suit
Read the full article, LA punk rock band NOFX aims to share in $1.6 billion Spotify suit.
Employment Partner Andrew Shalauta Joins the Firm’s Oakland Office
Andrew joins the firm from Burnham Brown and has over 20 years of experience practicing law. Andrew has significant experience and expertise in handling litigation for private employers, public entities, and educational institutions. Andrew earned his J.D. from University of Colorado School of Law and his B.A. from University of California, Berkeley. About Donahue Fitzgerald […]