Business owners need to be aware of a recent landmark decision in California employment law. The California Supreme Court decision, Dynamex Operations West, Inc. v. Superior Court, changes the nearly 30-year-old test for whether a worker is classified as an employee or an independent contractor. The two main takeaways are that (1) it will be Read More…
Snapchat Settlement Shows Importance Of Proper Legal Advice When Starting A Business
Earlier this month, Snap, Inc. launched its initial public offering (“IPO”) at a price that gave the company a $24 billion valuation. Snap, Inc. owns Snapchat, a mobile application that allows users to send photos to one another that automatically “disappear” after a few seconds. Less widely reported amidst the hype surrounding the IPO price, Read More…
New Bill Makes It Harder For Employers To Avoid California Law
Under a new law, employment contracts made or modified after January 1, 2017, can no longer require California employees to adjudicate disputes outside of California or subject their disputes to the laws of other states. The new law, codified as California Labor Code section 925, states in part: “(a) An employer shall not require an Read More…
Impact Of New Defend Trade Secrets Act
A new federal law, the Defend Trade Secrets Act (18 U.S.C. section 1836 et seq.), was signed into law on May 11, 2016. Among other things, the Defend Trade Secrets Act creates a new private civil cause of action under federal law for the theft of trade secrets that are used in interstate commerce. In Read More…
Appellate Review Adds New Twist In Chargers Stadium Effort
The California Supreme Court recently made it a little harder for a new Chargers stadium to be approved with only a majority vote, rather than a two-thirds vote, in the upcoming November election. As explained in an earlier post, the Fourth District Court of Appeal’s March of 2016 decision in California Cannabis Coalition v. City Read More…
When A “Non-Binding” Letter Of Intent Is Binding After All
A letter of intent, also known as a term sheet or a proposal, is typically a brief document that parties sign prior to drafting a detailed contract. In theory, a letter of intent functions as a tool for parties to make sure they are on the same page as to the significant points of a Read More…
Chargers’ Stadium Effort: New Ruling Could Affect Voter Approval Requirements
As most San Diegans know, whether the Chargers stay in San Diego depends on whether the team can get a new stadium built in San Diego. Any such stadium, however, will require some type of voter approval if taxes will be used to build the stadium. With the deadlines for placing initiatives on the ballot fast approaching, Read More…
Contractual Provisions Requiring Written Amendments: Not Always What They Seem
In order to avoid unintentional or even unilateral amendments to contracts, parties often insert a contractual provision requiring any amendments to be in writing. However, a recent California Court of Appeal case held that the conduct of parties to a contract effectively amended the contract despite the contract including a provision expressly requiring that all Read More…
Why Every Tenant Needs An Attorney To Review Their Next Commercial Lease
The recent upswing in San Diego’s commercial real estate market makes it all the more important that commercial tenants understand the benefits that only an attorney can offer in reviewing their next commercial lease or lease amendment. Many tenants do not realize they inherently begin the negotiation process on footing unequal to that of their Read More…
Trio Of Copyright Cases Reject High-Profile Ownership Claims
In recent months, three separate cases scaled back copyright protection for works well known in popular culture. In the first case, Marya v. Warner/Chappell Music, Inc. et al., a longstanding copyright dispute over the “Happy Birthday to You” song ended when the United States District Court for the Southern District of California held the music Read More…
