Articles/News
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]