Articles/News

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, […]

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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 […]

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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 […]

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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 […]

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Jan 24 2020

Congratulations to Yen Chau and Jonathan Wong on their ACBA Recognitions

Yen and Jonathan were both recognized on January 23, 2020, at the ACBA Installation and Distinguished Service Awards Dinner. “Congratulations to Yen and Jonathan on their well-deserved achievements,” said Andrew MacKay, Managing Partner. “Both their recognitions demonstrate not only our firm’s long-standing partnership with the ACBA but also our commitment to continually providing legal services […]

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Jan 23 2020

Bills Already Pending to Amend AB-5

One such bill, SB-806, simply seeks to correct AB-5’s many typos.  On the other extreme, AB-1928 seeks to repeal AB-5 and instead enact the previous multifactor test set out in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d. 341. Three other pending bills each seek to “tweak” one of AB-5’s […]

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Jan 6 2020

Donahue Fitzgerald Elects Three New Partners

“We are proud to welcome Kathrin, Jesse, and Jessica to the firm’s partnership,” said Andrew MacKay, Managing Partner. “They have demonstrated commitment to delivering quality client service through their legal and technical skills while partnering with their colleagues in bringing practical and strategic solutions in line with our clients’ goals.” Meet Donahue Fitzgerald’s newest partners: […]

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Dec 18 2019

Key Changes to California Employment Law for Businesses in 2020

Independent Contractors v. Employees (AB 5) The ABC test under the 2018 Dynamex case has been codified into law, at Labor Code Section 2750.3. Labor Code Section 2750.3 adopts the ABC test in most situations, making it difficult to correctly classify a worker as an independent contractor. Additionally, the new law is retroactive and applies […]

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Nov 1 2019

Client Vidado Named One of the 10 Best Tech Startups in Oakland

The Tech Tribune, considered revenue potential, leadership team, brand/product traction, competitive landscape, and other several factors in their research. Additionally, according to The Tech Tribune, “all companies must be independent (un-acquired), privately owned, at most 10 years old, and have received at least one round of funding in order to qualify.” Founded in 2011, Vidado’s […]

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Nov 1 2019

Donahue Fitzgerald Ranked in Top Tier of 2020 “Best Law Firms”

Firms included in the 2020 “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 5 percent of private practicing attorneys in the U.S. Receiving a Tier 1 […]

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