RECENT POSTS
Employment Defense: Workforce Classification
June 5, 2019 by the Employment Practice Group The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme
SCOTUS: No Copyright Registration, No Infringement Lawsuit
The wheels of government turn slowly to the detriment of copyright owners, according to a unanimous opinion delivered by U.S. Supreme Court Justice Ruth Bader Ginsberg, in Fourth Estate Public Benefit Corporation v. Wall-Street.com. Petitioner
Prop 65: California May Change Up Chain of Commerce Responsibility
Proposition 65, a/k/a the Safe Drinking Water and Toxic Enforcement Act of 1986, has been under fire since the law was first enacted. Intended to protect Californians from cancer-causing or birth defect-inducing substances, the law
Grande or Venti? CA Supreme Court Weighs in on the De Minimis Question
De minimis is a Latin phrase that refers to something of little importance, or very irrelevant. The federal Fair Labor Standards Act (FLSA) recognizes that some employee duties are so small, or take such little
What are the Rights of a Non-Paying Month-to-Month Tenant?
Real Estate Litigation Attorney by Nicholas Kanter 818-907-3289 When a month-to-month tenant stops paying rent and a landlord initiates an unlawful detainer lawsuit, does the tenant maintain tenancy rights in the premises pending the resolution of
Court Confirms Landlord’s Right to Seek Damages in Unlawful Detainer Action and Separate Civil Action
Real Estate Litigation Attorney by Nicholas Kanter 818-907-3289 The Court of Appeal just confirmed that a landlord is not barred from recovering rent owed by a tenant in a civil action for breach of contract, even
Franchise Litigation Rising Over Dietary Considerations
Chair, Franchise & Distribution Practice Group by Barry Kurtz 818-907-3006 Rising concerns over food sourcing and preparation is leading to more and more litigation for restaurants and franchises. Most of the lawsuits claim discrimination, which
Gas Station Dealers: A Review of the Petroleum Marketing Practices Act
Certified Franchise & Distribution Law Specialist by David Gurnick 818.907.3285 So far in 2017 no federal or state court in California issued a published decision under the Petroleum Marketing Practices Act (“PMPA”) – despite the fact gasoline
Old Grounds: A Lack of Prop 65 Warnings Brew Trouble for Coffee Franchisors
California Prop 65 warnings – many residents barely notice these anymore, as we’ve lived with Safe Drinking Water and Toxic Enforcement Act notices for over 30 years now. They appear at gas pumps; in apartment
Franchisors, Got Claims? Don’t Let Them Spoil Like Bad Cheese
Chair, Franchise & Distribution Practice Group by Barry Kurtz 818-907-3006 This is the tale of two restaurants, each facing trademark infringement claims under the Lanham Act brought by two, separate franchisors. The franchisees’ restaurants had