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 […]

Nov 3 2022

Donahue Fitzgerald Ranked in Top Tier of 2023 “Best Law Firms”

Firms included in the 2023 “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. Achieving a tiered ranking […]

Oct 5 2022

Politicians Don’t Always Need Musician Approval to Use Songs in Ads, but They Need to Buy the License

Excerpted from the article: “In the United States, music is protected by copyright, which means anyone who wishes to use a song must obtain a license. The type of license varies depending on how the song is being used. To add music to your political ad – or any other video – you must obtain […]

Aug 18 2022

Donahue Fitzgerald Attorneys Recognized in the Best Lawyers in America® 2023 Edition

Dawn Newton, Franchise Law Kristin A. Pace, Tax Law Merrill J. Schwartz, Corporate Law, Trusts and Estates Philip M. Jelley, Tax Law Wilfrid F. Roberge, Jr., Trusts and Estates Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. The Best Lawyers in America rankings are […]

Jul 25 2022

Associate Christopher R. Nepacena Joins Donahue Fitzgerald

Chris joins Donahue Fitzgerald’s Employment practice. He is an experienced litigator and takes pride in providing clients with the most efficient and reliable advocacy at every stage of litigation. He also counsels employers on employment practices and policies, employee relations, and preventative measures to eliminate the potential for litigation. Chris earned his J.D. from Thomas […]

Jul 25 2022

Partner Adam G. Engelskirchen Joins Donahue Fitzgerald

Adam joins Donahue Fitzgerald’s Real Estate practice. His practice is focused on the full-range representation of businesses, investors, public agencies and individuals in transactions and disputes involving real property. Adam represents clients in the financing, acquisition, entitlement, development, leasing, and disposition of real estate assets; in the formation, structuring, and dissolution of business entities; and […]

Jul 6 2022

Donahue Fitzgerald Attorneys Named 2022 Super Lawyers

Northern California Super Lawyers Mario Choi: Civil Litigation Defense Daniel B. Newbold: Estate Planning & Probate David A. Stein: Construction Litigation Elizabeth M. Engh: Estate Planning & Probate Jonathan McNeil Wong: Immigration Business Kristin A. Pace: Estate Planning & Probate Mary M. Rudser: Estate Planning & Probate Lawrence K. Rockwell: Estate & Trust Litigation Jessica […]

Jul 1 2022

California Supreme Court Increases Potential Penalties for Unpaid or Unreported Missed-Break Premiums

What are waiting time penalties? Upon separation, employees must be paid all unpaid wages by the applicable statutory deadlines. When the final paycheck is not paid on time, or does not include all wages owed, an employer can be liable for waiting time penalties. Waiting time penalties are a sort of statutory “interest” on unpaid […]