The California Supreme Court Clarifies Wages are NOT Part of the “Civil Penalty” under Labor Code Section 558 in a PAGA Action
By Lizbeth (Beth) V. West
Labor & Employment Blog
On September 12, 2019, the California Supreme Court issued its decision in ZB, N.A., and Zions Bancorporation v. Superior Court [Lawson, real party in interest] (“Lawson”). In analyzing whether the Plaintiff’s lawsuit could be compelled to binding arbitration under the arbitration agreement she entered into with her employer, the Supreme Court clarified that under Labor Code section 558,
Landlords – Watch out for Trademark-Infringing Tenants!
By Audrey A. Millemann
IP Law Blog
Landlords whose tenants sell counterfeit goods can be liable for trademark infringement if they have knowledge of the infringing acts or are willfully blind to the infringement.
In Luxottica Group v. Airport Mini Mall, LLC, 932 F.3d 1303 (11th Cir. August 2019), Oakley, Inc. and its parent Luxottica sued the owners of a shopping mall in Georgia for contributory trademark infringement under the Lanham Act (15 U.S.C.
I Think My Client Is About To Be Sued: How to Execute A Proper Litigation Hold
By Donald R. Williams, Jr.
The duty to preserve potentially relevant evidence is an affirmative obligation. Yes! Attorneys and their clients must take action to ensure preservation of discoverable documents. The duty to preserve evidence arises when a party knows, or reasonably should know, that the evidence is relevant to pending or future litigation. (Zubulake v. UBS Warburg, 220 F.R.D. 212, 217.) Simply, a party should preserve evidence when the party is on notice of potential litigation or investigation.