Over the last few months, federal and state courts have issued a number of important new employment law decisions. Some, but not all, of these cases place additional burdens on employers defending claims at trial. Other cases bring needed clarification to previously ambiguous issues and should be helpful for employers. UNITED STATES SUPREME COURT DECISION EMPLOYERS DEFENDING AGE DISCRIMINATION CLAIMS BEAR BURDEN ON “REASONABLE FACTORS OTHER THAN AGE” DEFENSE In Meacham v….
Written discovery is often insufficient to develop the best record for trial. Informal fact gathering can help tip the balance in your client’s favor. An attorney employing self-help, however, must be careful to stay within ethical and legal boundaries. This article identifies five pitfalls associated with informal discovery, whether conducted by lawyers directly or through private investigators. FAILING TO PROPERLY INSTRUCT YOUR INVESTIGATOR A frequent mistake made by attorneys is to fail…
A new California Senate Bill recently passed in the Senate Labor Committee, and it is intended to amend Labor Code 512 to “clarify” existing law. There is no question that existing law could benefit from clarification. What is less certain is whether SB 1539 actually provides the much needed clarity, or whether it adds further confusion and, thereby, further ammunition for litigation. Discussed below are a few of the key areas of…
When Sugden’s law partner, Scott Ferrell, is in the trenches on a complex intellectual property case, he says he usually logs off the computer and hits the pillow around 1 a.m. When Ferrell awakes a few hours later, he says, “it’s common for me to have a dozen new emails from Dave” about the case that Sugden typed out while he was sleeping. Colleagues say Sugden’s near round-the-clock work approach and sharp…
Not long ago, brand owners could take comfort in the intrinsic barriers hampering black marketers. While most large cities have places known by their dwellers to be sources of cheap goods of dubious origin, consumers have to consciously decide to explore these markets in addition to or in lieu of conventional establishments. Canal Street in New York’s Chinatown is a well-known example. The street is lined with densely packed shops offering watches,…
This book’s perspectives on gray markets (parallel trade) is clear from its subtitle. The author is a partner at Call, Jensen & Ferrell, specializing in IP litigation and brand protection. While acknowledging that he has produced ‘no spy novel,’ he has provided a very readable, black and white review of the unauthorized grey market in the USA. He focuses in particular on the implications of grey markets for brands, especially due to…
Licensing can be like jumping into cold water at 6 am – you’re hesitant to do it, but once you’re in the water and catch your first wave, you’re fine. Start-up brands and established brands are often unsure about the details and/or benefits of licensing. To some, licensing may help increase business beyond what they ever expected. To others, licensing can be your worst nightmare. The first rule is to think of…
Privacy has become one of the most controversial and debated issues of the internet age. Neither Congress nor the Courts have entirely kept pace with the subject—making it difficult for businesses to know precisely how to deal with the issue. Adding to the complexity is the fact that privacy may be protected under state constitutions, state privacy acts, insurance record laws, unfair and deceptive trade practices acts and state common law. Plaintiffs…
What’s more risky than dropping in on a 50-foot wave at Mavericks? Legally speaking, it could be acting as the athlete agent for the guy who’s doing it. California’s law governing athlete agents, the Miller-Ayala Athlete Agents Act, or AAA, is an important, and frequently misunderstood piece of legislation with serious consequences. In fact, it is quite possible for a person to act as an athlete agent – and risk the serious…
In a case that will undoubtedly affect thousands of workers statewide, the California Supreme Court issued its ruling today in Brinker v. Superior Court, a wage and hour class action filed by employees of Brinker International, Inc., the parent company of Chili’s restaurant. This is the first in a series of articles by Call & Jensen discussing the Brinker decision and its impact on employers. MEAL PERIODS – No Duty To “Ensure”…
