Feb 13 2023

Donahue Fitzgerald Recognized in the World Trademark Review’s 2023 WTR 1000 Ranking

The WTR cites leading trademark practitioners globally. Among top practitioners, WTR described IP attorney, Jonathan Osder as the “go-to for technology – particularly software – matters.” California State Board Certified Legal Specialist in Franchise and Distribution, Dawn Newton, is recognized “as a leading specialist regarding franchising.” WTR notes that Music and Entertainment chair and IP […]

Jan 30 2023

Emergency Temporary Standard (ETS) – Cal/OSHA Update

On December 15, 2022, Non-Emergency COVID-19 Prevention Regulations were adopted and will become effective in the month of January 2023 once approved by the Office of Administrative Law (OAL). The ETS will remain in effect until the OAL replaces it with a “permanent” regulation. Once approved, the permanent regulation will be in effect for two […]

Jan 20 2023

Paying Post-Termination Streaming Royalties to Creators and Their Heirs Is “Common Sense”: Recent Comments on the Proposed Rule on Termination Rights Under the Music Modernization Act

The policy of the Mechanical Licensing Collective (MLC), which was created by the recent Music Modernization Act to handle streaming rights and income, has been to pay these royalties to the terminated publishers who originally entered into the streaming agreement. In response to this policy, the Copyright Office proposed a new rule (87 FR 64405, […]

Jan 13 2023

Donahue Fitzgerald Elects Two New Partners

“We are pleased to welcome Debbie and Mario to the firm’s partnership,” said Managing Partner, Andrew MacKay. “Both Debbie and Mario are exceptional attorneys who are real-world problem solvers and who provide our clients with a close working relationship as talented advisors. We are looking forward to their continued successes and leadership to our clients […]

Jan 9 2023

In Memoriam Wilfrid F. Roberge, Jr.

It is with great sadness that we announce that our colleague and friend, Wilfrid F. Roberge, Jr., passed away on December 18, 2022 at the age of 83. Wil served for two years as an enlisted attorney with the U.S. Army after graduating from Stanford Law School. Following his service in Vietnam, Wil joined legacy […]

Dec 20 2022

Associate Nathan Desai Joins Donahue Fitzgerald

Nathan joins Donahue Fitzgerald’s Business and Corporate and Real Estate practice. He assists clients on litigation and transactional matters, including real estate acquisitions, business disputes, and commercial agreements. While in law school, Nathan was a director of the Berkeley Law Workers’ Rights Clinic and a senior executive editor of the Berkeley Journal of Employment and […]

Dec 20 2022

Partner Denae H. Budde Joins Donahue Fitzgerald

Denae joins Donahue Fitzgerald’s Real Estate, Business and Corporate, and Litigation practices. Her practice emphasizes real estate and business transactions and provides effective resolution of litigation matter and trial if the matter cannot be resolved. Having tried over fifty cases to verdict uniquely equips her in drafting agreements so that they are self-executing to avoid disputes […]

Dec 1 2022

Tootsie Roll Obtains Dismissal of a Class Action

In 2021, a complaint was filed against Tootsie Roll, alleging violations of federal and state law arising from the use of partially hydrogenated oils (also known as “trans fats”) in Tootsie Roll’s products between 2010 and 2016. The plaintiff sought restitution and damages in the amount of $140 million, alleging the use of trans fats […]

Nov 22 2022

How US franchises are weathering the storms of the Turbulent Twenties

The 21st century’s answer to the Roaring Twenties of the 20th century might well be called the Turbulent Twenties – at least thus far. The last three years have been punctuated by extreme business disruptions, kicked off by the global pandemic in 2020, which forced business closures for the first time in living memory, crippled […]

Nov 17 2022

How TikTok and the music industry are bound to each other as ‘frenemies,’ even as they battle over licensing

In the article, Daniel is quoted around the context of music publishers looking at YouTube as a model for TikTok and taking a similar approach. YouTube used to be protected by the “safe harbor” provision of the Digital Millennium Copyright Act, regularly avoiding liability for hosting unlicensed copyrighted content in its videos. However, YouTube’s relationship […]