Articles/News
Senior Counsel Emily L. Yip Joins Donahue Fitzgerald
Emily joins Donahue Fitzgerald’s Trusts and Estates practice group with practices focusing on Trusts and Estates and Family Law. She serves as a trusted advisor to individuals and families navigating complex legal matters related to estate planning, estate litigation, wealth transfer, tax planning, trust and estate litigation and administration, and family law. Certified by the […]
Understanding the California Privacy Rights Act (CPRA): A Brief Overview with Regards to Employees
What is the CPRA? The CPRA is an amendment to the CCPA, designed to strengthen privacy rights and protections for California residents. It introduces new requirements and expands upon the existing provisions of the CCPA. New Requirements Under the CPRA Companies that were compliant with the CCPA are not automatically compliant with the CPRA. Importantly, […]
In Memoriam Philip M. Jelley
It is with heavy heart that we announce the passing of our colleague, mentor, and friend, Philip M. Jelley, on April 5, 2023 at the age of 91. After graduating from Stanford Law School in 1956, Phil joined legacy firm, Fitzgerald Abbott & Beardsley. He became partner in 1961 and focused his practice on general […]
In Memoriam Gerald C. Smith
It is with our deepest sorrow that we announce our colleague and friend, Gerald “Jerry” Smith, passed away on March 30, 2023 at the age of 82. After graduating from the University of California, Berkeley, Boalt Hall School of Law, Jerry joined legacy firm, Fitzgerald, Abbott and Beardsley, where he became partner and focused his […]
Partner Daniel Schacht Named to Billboard’s 2023 “Top Music Lawyers” List
Billboard recognized Daniel’s major clients and achievements from the past year, and mentioned that, “in his eight years as a partner, Schacht has expanded Donahue Fitzgerald’s clientele to include newer artists such as singer-songwriter mxmtoon, adding to its powerhouse roster of legacy artists including Santana, the Grateful Dead’s Mickey Hart and songwriting duo Cynthia Weil & Barry […]
Partner Maureen M. Duffy Joins Donahue Fitzgerald
Maureen Duffy is a partner with over 20 years of significant, sophisticated and, most importantly, “hands-on” experience providing both U.S. domestic and international employment advice and counsel to all levels of management. She brings a practical, problem-solving orientation to her work in counseling, negotiations, arbitrations, litigation, and mediation. Maureen regularly represents clients in hi-tech, health […]
Ninth Circuit Court of Appeals Strikes Down California’s Ban on Mandatory Arbitration Agreements
According to the panel majority, “Because FAA’s purpose is to further Congress’s policy of encouraging arbitration, and AB 51 stands as an obstacle to that purpose, AB 51 is therefore preempted.” The three-judge panel had partially upheld AB 51 in a 2021 ruling but a year later it decided to withdraw its prior ruling and […]
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 […]
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 […]
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, […]