Articles/News

Nov 15 2018

Impacts of the New Revenue Recognition Rule (ASC 606)

Current Rule:  ASC 952-605 New Rule:  ASC 606 Franchisors recognize initial franchise fees when (or shortly after) the franchisor has performed its material pre-opening and opening obligations to a new franchisee (typically, when the franchisee commences operations). Depending on its operations and nature of the initial services a franchisor provides to its franchisees, the franchisor […]

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Nov 1 2018

Donahue Fitzgerald Ranked in Top Tier of 2019 “Best Law Firms”

Firms included in the 2019 “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 4 percent of practicing attorneys in the U.S. receiving a Tier 1 ranking […]

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Oct 4 2018

Employment Agreements: New Restrictions on Non-Disparagement, Release of FEHA Claims, and Sex Harassment Confidentiality Provisions

It prohibits employers, in exchange for a raise, bonus, or as a condition of employment, from requiring employees to sign a release of claims under FEHA, or a non-disparagement agreement that inhibits the ability of an employee to disclose illegal acts in the workplace, including but not limited to sexual harassment. To be added section […]

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Sep 14 2018

Senior Counsel Kate Friend Joins Donahue Fitzgerald

Kate joins Donahue Fitzgerald’s Employment and Litigation practices. As an experienced litigator, she assists clients in all phases of the litigation cycle from pre-litigation advice, up to and including serving as a second chair at trial. Prior to Donahue Fitzgerald, she practiced extensively in high-stakes, complex litigation, much of it in the toxic tort arena. […]

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Sep 10 2018

Senior Counsel Yen P. Chau Joins Donahue Fitzgerald

Yen joins Donahue Fitzgerald’s Employment practice. A seasoned employment law litigator, Yen handles claims involving FEHA/ Title VII violations of discrimination, harassment, retaliation, failure to accommodate, and wrongful termination. She also represents her clients in cases involving trade secret misappropriation and wage and hour violations. She litigates in state and federal courts, as well as […]

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Aug 27 2018

The Bounds of the Work for Hire Doctrine

Both the House and Senate Reports have the same four paragraph summary of the intent of Congress in enacting the “new” work for hire provisions in the 1976 Act.[1]  In pertinent part, those reports state that the work for hire provision: adopts one of the basic principles of the present law: that in the case […]

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Aug 27 2018

The Continuing Impact of PhoneDog v. Kravitz on the Ownership of Business-Related Social Media Accounts

It’s been almost seven years since PhoneDog v. Kravitz, a pioneering case that helped establish that business social media accounts could constitute trade secrets. In PhoneDog, the United States District Court for the Northern District of California denied the defendant’s motion to dismiss the trade secret misappropriation claim. During these past seven years, the use of social media has only […]

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Aug 15 2018

Donahue Fitzgerald Attorneys Recognized in the Best Lawyers in America© 2019 Edition

OAKLAND (August 15, 2018) – Three attorneys from Donahue Fitzgerald were recognized in The Best Lawyers in America© 2019: Dawn Newton, Franchise Law Merrill J. Schwartz, Corporate Law Kristin A. Pace, Tax Law The Best Lawyers in America rankings are based solely on peer-review surveys in which tens of thousands of attorneys confidentially evaluate their colleagues. As lawyers do not […]

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Aug 10 2018

Twitter Account Is Trade Secret, Publisher Says, Testing Law

Read the full article, Twitter Account Is Trade Secret, Publisher Says, Testing Law

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Jul 18 2018

Nonprofits Need to Know About the New “ABC Test” for Classifying Independent Contractors

The case – Dynamex Operations West, Inc. v. Superior Court – is aimed at making it harder for companies like Uber and Lyft to use independent contractors, but the breadth of the Court’s ruling extends beyond the Gig Economy, impacting every industry, including the nonprofit sector. In the Dynamex Operations West case, the California Supreme […]

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