James Kachmar

Shareholder


Experience

James, a shareholder in the Firm’s Litigation and Labor and Employment groups, has nearly 20 years of experience litigating a variety of business and employment matters in California and Nevada. His practice focuses on representing individual and corporate clients in cases involving trade secret misappropriation and unfair competition, employment issues, shareholder disputes, and other complex business matters. James also counsels and represents charter schools in a variety of matters. In addition, James serves as the Firm’s Ethics/Loss Prevention Counsel.

With significant courtroom experience, James works with clients to ensure that their objectives are identified early on and that a litigation strategy is pursued towards obtaining the client’s goals in a cost-effective and efficient manner. His courtroom successes include:

  • James helped obtain a defense verdict after a four-month jury trial for a retired title insurance executive who was accused of trade secret misappropriation and unfair competition by his former employer.
  • After a two-week jury trial, James obtained a plaintiff’s verdict, including punitive damages, for unfair competition on behalf of a charter school client against a competing charter school. He had previously obtained a preliminary injunction against some of the client’s former employees.
  • James assisted with obtaining a writ of mandate on behalf of three nationally-recognized charter schools, which prevented the Oakland Unified School District from closing them.
  • James successfully moved the Court for summary adjudication of contract claims against the majority shareholders of a local beverage distribution company, preserving their ownership interests in the company.
  • James obtained summary judgment for a California agency on a malicious prosecution claim brought against it by a political operative.
  • James helped prosecute a trade secret misappropriation claim against former distributors of a multi-level marketing company, which included the issuance of a preliminary injunction after a two-day evidentiary hearing.
  • James obtained a defense verdict in his first jury trial on behalf of a major U.S. tire manufacturer in a vehicle rollover case.
  • James helped prosecute a two-week jury trial on claims for abuse of process and malicious prosecution that resulted in the jury awarding his client $1.7 Million, including punitive damages.

In addition to his trial work, James also presents employment-law seminars throughout the year and writes for the Firm’s Employment, Intellectual Property and Trade Secret Blogs. Prior to law school, James traveled twice to newly-independent Ukraine to teach English, including a position at the Institute of National Economy in Ternopil. James enjoys running and cooking in his spare time.

State Bar of California, Litigation Section
Member

Sacramento County Bar Association, Intellectual Property Law Section
Member

Meritas, Sacramento
Member

Awards

Sacramento Magazine’s Top Lawyers List, 2015-2020 – General Litigation, Business Litigation, Litigation Intellectual Property

Northern California Super Lawyers, 2016-2020

AV® Preeminent™ Rating, Martindale-Hubbell®

 

J.D., with great distinction, University of the Pacific, McGeorge School of Law, 1997

B.A., University of California, Irvine, 1992

Webinar – Reasonably Approaching Reasonable Accommodations: Don’t Make it Harder Than it Already Is

Summary:  Most employers know that employees may need to be accommodated from time to time for various reasons under California and/or Federal law. It is important for employers to understand these laws and comply with how the courts and various federal and state regulatory agencies interpret them,

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Webinar: Insurance Coverage for COVID-19 Losses – Five Things to Know and Do

On May 6, 2020, Weintraub attorneys Charles Post and James Kachmar held a straightforward discussion of insurance coverage issues and potential insurance company responses to business interruption and other claims arising from COVID-19.

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Employment Law 2019/2020 – A Year in Review; A Year Ahead (San Francisco)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.

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Employment Law 2019/2020 – A Year in Review; A Year Ahead

Due to high demand, we have scheduled this second session to accommodate additional attendees. Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.

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Employment Law 2019/2020 – A Year in Review; A Year Ahead

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.

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Tips and Tools for Surviving the Employment Relationship

  Summary of Program: The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners,

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Accommodating Employees: It’s Even More Complicated!

  Most employers know that employees may need to be accommodated from time to time for various reasons. Often this is because of an employee’s disability or medical condition. It is important for employers to understand and comply with how the courts and various federal and state regulatory agencies define accommodations,

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2019 Employment Law Update in San Francisco

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal and State Legislation and Court Cases • Developments in Harassment,

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2019 Employment Law Update – Sacramento

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal and State Legislation and Court Cases • Developments in Harassment,

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Sands Through the Hour Glass: Wage and Hour Update

Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.

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Even Keanu Can’t Figure It Out: The Leave Law Matrix

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging.  California has a paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.

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Guardians at the Gate: Properly Trained Managers are Your First Line of Defense

Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.

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Conducting Effective Workplace Investigations

Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit (Vida Thomas and Lizbeth West) for this one-day, in-depth training on conducting effective workplace investigations: The legal duty to investigate Selecting the right investigator Recognizing your own biases Conducting effective witness interviews Writing the investigation report Seminar Program 8:30 am –

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Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule

Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private,

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Mandatory AB 1825 Sexual Harassment Prevention Training

Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations including things like: An overview of sexual harassment laws Examples of conduct that constitute sexual harassment Lawful supervisory responses to complaints of harassment in the workplace Strategies to prevent harassment in the workplace Training on prevention of “abusive conduct”

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Ramps, Dogs and Horses: Discrimination and Accommodation of Employees, Customers and Third-Parties

Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is because of an employee’s disability,

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The Good, The Bad and The Ugly: Documentation in the Workplace

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation.

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Tips and Traps When Hiring and Firing Employees

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations.

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Your Greatest Asset or Worst Liability: Your Employee Handbook (San Francisco Seminar)

Summary of Program Employee handbooks are essential for employers in today’s litigious environment. A carefully prepared, up-to-date, and customized handbook can be an employer’s biggest weapon against labor and employment litigation if properly used.

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To Tweet or Not to Tweet? The Constantly Developing Landscape of Social Media in the Workplace

Summary of Program Companies and their employees widely use social media in their daily business activities.  These networking sites are used by employees to communicate with one another as well as current and potential customers.  

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A Healthy Workplace is a Safe Workplace: Addressing Bullying, Threats and Violence

Federal and state OSHA laws protect California workers from unsafe working conditions.  However, the federal and state statutes and regulations are complex and can be difficult to understand.  This seminar is designed to remove some of the mystery from federal and state OSHA requirements and assist you in maintaining compliance. 

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Mandatory AB 1825 Sexual Harassment Prevention Training

  Summary of Program: The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations,

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Upcoming Webinar: Say It’s So, Doesn’t Make it So: Independent Contractor v. Employee Status

Summary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.

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From A to Z, Alphabet Soup of Leave Laws (Newport Beach)

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging. California has a new paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.

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From A to Z, The Alphabet Soup of Leave Laws (Sacramento)

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging. California has a new paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.

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Well Trained Supervisors: Your First Line of Defense (Sacramento)

Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.

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New Release: 2015 Labor & Employment Seminars & Training Schedule

  Click here for 2015 Labor & Employment Seminars & Training Schedule. For more information on our Labor & Employment Seminars and Training, please contact Ramona Carrillo at [email protected]  

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Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (Newport Beach)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.

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Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (San Francisco)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.

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Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (Sacramento)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.

Read More

Mandatory AB 1825 Sexual Harassment Prevention Training

Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. Program Highlights The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulation,

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The World of Accommodations: Disabled Employees and Customers

Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is beacuse of an employee’s disability,

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Creating a Healthy Workplace: OSHA, IIPP and Workplace Violence

Download: OSHA Flyer.pdf Summary of Program Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand.

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Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees

Download: Flyer. Overtime or No Overtime. How to Properly Analyze the Exempt Status of Employees.PDF Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime,

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The Intricacies of Wage and Hour Laws for Non-Exempt Employees

Download: Flyer. Intricacies of Wage and Hour Laws for Non-Exempt Employees.PDF Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.

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Independent Contractor v. Employee – ”Saying It’s So, Doesn’t Make it So”

Download: Flyer – Independent Contractor v. Employee (1780262).PDF Summary of Webinar The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.

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Know What to Do When The Government Comes Knocking

Download: Flyer – Know What to Do When The Government Comes Knocking(webinar only).pdf Know What to Do When The Government Comes Knocking: Responding to the EEOC, DFEH, EDD and Other Governmental Agencies Summary of Webinar There is no universal way to prepare for a governmental audit,

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To Tweet or Not to Tweet? The Risks of Social Media in the Workplace

Download: Flyer. To Tweet or Not to Tweet The Risks of Social Media in The Workplace (1752935).PDF Summary of Program Companies and their employees are now widely using social media in their daily business activities.

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Mandatory AB 1825 Sexual Harassment Prevention Training

Download: Flyer – Mandatory AB 1825 Sexual Harassment Prevention Training (1747805).PDF Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years.

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Think You’re Up On The Current Laws? April Fools

Download: Flyer – Employment Law Update (Orange County) (1740809).PDF Summary of ProgramJoin the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014.

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Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Download: Flyer – Complex Web of Federal, State and Local Leaves of Absence Laws (1739109).PDF Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member.

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Upcoming Seminar: The Ins and Outs of Preparing the Right Employee Handbook for Your Business

Download: Flyer. The Ins and Outs of Preparing the Right Employee Handbook for Your Business (1731032).PDF Summary of Program Employee policy handbooks are essential for employers in today’s litigious environment. While preparing the handbook and consistently enforcing the policies contained therein may take time and money,

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Upcoming Seminar: Untrained Managers and Supervisors – What They Need to Know

Download: Flyer – Your Greatest Liability. Untrained Managers and Supervisors – (1722646).PDF Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently.

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We Invite You To Attend: Employment Law Update

Download: Flyer Employment Law Update 2013-2014 (1707561).pdf Join Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014.

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Mandatory AB 1825 Sexual Harassment Prevention Training

Download: Flyer Mandatory AB 1825 Training (1690053).pdf Summary of Program: The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years.

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Upcoming Seminar: Avoiding Retaliation, Whistleblowing and Wrongful Termination Claims

Download: 1686745 (2).pdf Summary of Program: Exposure to retaliation claims in the workplace today is like exposure to second-hand smoke in the workplace in the 1960s – it’s everywhere but few people understand the danger.

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Upcoming Seminar: Pregnancy Leave, Accommodation & Discrimination

Don’t Wait for the Stork To Teach You What It All Means Summary of Program Join the Employment Law Group of Weintraub Tobin for an informative and up-to-date discussion about the rights and obligations of pregnantemployees.

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L&E Webinar: OSHA Compliance: A Healthy and Safe Work Environment

Download: Flyer – OSHA Compliance. A Healthy and Safe Work Environment (1643744).PDF Summary of Program Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand.

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Upcoming Sacramento Seminar: Mandatory AB 1825 Sexual Harassment Prevention Training

Download: AB 1825 Brochure.pdf Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employersprovide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations,

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Upcoming Sacramento Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Download: April Webinar.pdf Summary of ProgramEmployers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member.

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Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Download: Flyer – Complex Web of Federal State and Local Leave Laws (1600508).pdf Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member.

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2013 Schedule of Labor and Employment Law Seminars

Download: 2013 List of L E Seminars-Training (1577243).PDF The employment group at Weintraub Tobin Chediak Coleman Grodin is pleased to announce its updated schedule of informative seminars for 2013. Click on the link above to download the schedule.

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SEMINAR: Retaliation, Whistleblowing and Wrongful Termination Claims All Employers Should Avoid

Download: Retaliation and Whistleblowing.pdf Summary of Program: Exposure to retaliation claims in the workplace today is like exposure to second-hand smoke in the workplace in the 1960s – it’s everywhere but few people understand the danger.

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Upcoming Seminar: The Complex Web of Leaves and Accommodation Laws – Sacramento

Download: Leaves & Accomodations.pdf Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member.

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Upcoming Seminar: The Complex Web of Leaves and Accomodation Laws – SF

Download: Leaves & Accomodations SF.pdf This event has been canceled. Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member.

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Upcoming Webinar: Independent Contractor v. Employee?

Summary of Program If it Walks Like a Duck, Quacks Like a Duck, It’s a Duck! The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious.

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Upcoming Webinar: OSHA Compliance – a Healthy and Save Work Environment

Download: OSHA Webinar – email-print.pdf Summary of Program Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand.

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Upcoming Seminar: Mandatory AB1825 Sexual Harassment Prevention Training

Download: Seminar-Jun6_no-crop.pdf Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Genshlea Chediak Tobin &

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Upcoming Seminar – SF Edition: Developments in Wage and Hour Laws – the Good, the Bad & the Ugly

Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative training session that will help employers and HR professionals gain a more thorough understanding of various wage and hour laws that often create liability when an employer gets them wrong.

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Upcoming Seminar: Developments in Wage and Hour Laws – the Good, the Bad & the Ugly

Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative training session that will help employers and HR professionals gain a more thorough understanding of various wage and hour laws that often create liability when an employer gets them wrong.

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Seminar: Effective Employment Policies – Are Yours Up To Date?

Download: Effective Employment Policies-Are Yours Up To Date.pdf Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative training session that will help business owners,

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Upcoming Seminar – Pregnancy Leave, Accommodation and Discrimination

Download: Flyer – Pregnancy Leave.pdf Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative and up-to-date discussion about the rights and obligations of pregnant employees.

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2012 Schedule of Labor and Employment Law Seminars

Download: 2012 List of Seminars.pdf The employment group at Weintraub Genshlea Chediak Tobin and Tobin is pleased to announce its updated schedule of informative seminars for 2012. Click on the link above to download the schedule.

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Upcoming Seminar: Mandatory Sexual Harassment Prevention Training

Summary of Program: The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Genshlea Chediak is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations,

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Upcoming Seminar: Disciplining and Terminating Employees: Methods to Reduce Liability

Summary of Program: The Labor and Employment Group at Weintraub Genshlea Chediak is pleased to offer this very important training session that will discuss recent cases to help business owners, human resource professionals,

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Seminar: Mandatory Sexual Harassment Prevention Training for Supervisors

Summary of Program: The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Genshlea Chediak is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations,

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Upcoming Seminar: OSHA Compliance – Safety and Prevention of Workplace Violence

Download: Seminar Brochure – April 21, 2011.pdf Summary of Program: Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand.

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21 Weintraub Tobin Attorneys Included in Sacramento Magazine’s 2020 Top Lawyers List

Sacramento, CA  – Weintraub is pleased to announce that 21 Firm attorneys have been recognized as 2020 Top Lawyers by Sacramento Magazine. The full list of 2020 Top Lawyers will be featured in the August,

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36 Weintraub Tobin Attorneys Named to 2020 Northern California Super Lawyers and Rising Stars Lists; Retain Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 36 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition,

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31 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists

Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California.  In addition,

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24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2018

SACRAMENTO, California – July 19, 2018 – Weintraub Tobin Law Corporation congratulates its 24 attorneys who have been included in Sacramento Magazine’s 2018 Top Lawyer List. David Adams | Business/Corporate, Securities &

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37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.

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Weintraub Tobin’s L&E Blog recognized as “Top 10 HR Blogs for Practical Advice in 2018” By PerformYard

Weintraub Tobin’s Labor & Employment Law Blog has been recognized in PerformYard‘s “Top 10 HR Blogs for Practical Advice in 2018”. The L&E blog “provides an incredible service for HR professionals,

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22 Weintraub Tobin Attorneys Rated by Martindale-Hubbell®

SACRAMENTO, CA (August 7, 2017) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 22 Weintraub Tobin attorneys are Martindale-Hubbell rated. Out of the 22 attorneys,

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21 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2017

SACRAMENTO, California – July 26, 2017 – Weintraub Tobin Law Corporation congratulates its 21 attorneys who have been included in Sacramento Magazine’s 2017 Top Lawyer List. Brendan Begley | Appellate Gary L.

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36 Weintraub Tobin Attorneys Named Among 2017 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2017, on which 36 Weintraub Tobin attorneys have been included. Six Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.

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18 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2016

  SACRAMENTO, California – July 25, 2016 – Weintraub Tobin Law Corporation congratulates its 18 attorneys who have been included in Sacramento magazine’s 2016 Top Lawyer List. David C. Adams | Business/Corporate, 

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33 Weintraub Tobin Attorneys Named Among 2016 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2016, on which 33 Weintraub Tobin attorneys have been included. Three Weintraub Tobin attorneys received special honors in their respective regions.

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Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule

Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private,

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20 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2015

  SACRAMENTO, California – August 7, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its 20 attorneys who have been included in Sacramento magazine’s  Top Lawyer List 2015. David C.

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Lizbeth West Co-authors “California Leave Law: A Practical Guide for Employers”

Co-authored by Lizbeth West, Published by LexisNexis Book Highlights: How to navigate the complex issues surrounding family leave, military leave, worker’s compensation and personal time. Insightful analysis of the key employment features to keep in mind when dealing with leave law in California.

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Weintraub Tobin Raises Money for American Heart Association

Heart Walk Logo For a third year in a row, Weintraub Tobin is working to raise funds for cardiovascular diseases and stroke by partaking in the American Heart Association Heart Walk on Saturday,

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News Release: Oakland Charter School Wins Reprieve to Remain Open

FOR IMMEDIATE RELEASE Contact: Leslie DuFresne [email protected] OAKLAND CHARTER SCHOOL WINS REPRIEVE TO REMAIN OPEN Oakland, Calif. — Weintraub Tobin Chediak Coleman Grodin Law Corporation, a business law and business litigation firm,

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It’s Official – Weintraub Merges with San Francisco Firm Tobin & Tobin

Weintraub Genshlea Chediak Law Corporation and Tobin & Tobin, a professional corporation, jointly announce the merger of their business law and litigation firms. The combined firm will be named Weintraub Genshlea Chediak Tobin &

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Weintraub’s L&E Law Blog is in the Top 25

By: Chuck Post labor-employment-law-topblog-220x180_jpg-550×0 Over the last year, Weintraub Genshlea Chediak has tripled the size of its employment law department. In addition to enhancing the services we can provide to our clients,

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Weintraub Genshlea Chediak Volunteers!

Weintraub Genshlea Chediak in partnership with Hands On Sacramento and the Metro Chamber’s Project Inspire volunteered to spend an afternoon last week at RAFT Sacramento, a nonprofit that distributes materials and supplies at very low cost to the region’s teachers.

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Weintraub Genshlea Chediak Announces New Los Angeles Office

Sacramento’s fifth-largest law firm quietly opened a branch in Los Angeles this week. Weintraub Genshlea Chediak Law Corp. has hired two litigators in an office on Wilshire Boulevard to solidify a toehold in the intellectual property,

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Fourteen Weintraub Genshlea Chediak Attorneys Honored As 2009 Nor Cal Super Lawyers and Rising Stars

Fourteen Weintraub Genshlea Chediak Attorneys Honored as 2009 Northern California Super Lawyers and Rising Stars SACRAMENTO, Calif., July 21, 2009 –Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its fourteen attorneys who were named as 2009 Northern California Super Lawyers and Rising Stars: Super Lawyers: Dale C.

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The Rule of Reasonableness: Non-Compete Provisions in California Business Contracts

The California Supreme Court in the 2008 case, Edwards v. Arthur Andersen LLP, ruled that a provision in an employment agreement that prevented an employee from competing with his former employer following the termination of his employment was an invalid restraint on trade in violation of section 16600 of the California Business and Professions Code. 

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You Must Prove Actual Damages if You Want Punitive Damages in an Infringement Action

Imagine litigating an infringement case for two years, and after a nine day jury trial, obtaining a jury’s verdict that says you’ve established infringement and awards your client $5,000,000.  Then you realize that the jury has awarded your client $0 in actual damages,

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“Birds of a Feather” – The Ninth Circuit Confronts “Single Unit of Publication” Copyright Issue

Unicolors, Inc. creates and markets artistic design fabrics to various garment manufacturers.  Some of these designs are marketed to the public and placed in its showroom while other designs are considered “confined” works that Unicolor sells to certain customers.

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Inside Out: The Ninth Circuit Holds The Moodsters are No Batman

(This article was republished with permission by ABA Business Law Today on 6/2/2020, available here.) Certain literary or graphic characters may, in some cases, enjoy copyright protection. Think James Bond –

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4th UPDATE: DOL Again Updates Question & Answers Page for FFCRA

We have previously written about the US Department of Labor issuing a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act (“FFCRA”).

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Burbank High School Jumps with Glee over Copyright Victory

Burbank High School runs a music program that reportedly provided the inspiration for the hit TV show, Glee. It is nationally known for the competitive show choirs its students participate in as part of the program.

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3rd UPDATE: DOL Again Updates Questions & Answers Page for FFCRA

As previously advised, the US Department of Labor has issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act (“FFCRA”.

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DOL’s Informational Webinar re FFCRA Compliance Goes Live

Earlier this week, the U.S. Department of Labor announced that it would be posting an informational webinar regarding compliance issues with the recently-enacted Families First Coronavirus Response Act (“FFCRA”). That webinar,

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DOL Announces Temporary Rules for FFCRA Implementation; Informational Webinar to be Released on April 3, 2020

We have been keeping you informed of recent actions by the US Department of Labor to advise employers of their obligations under the recently enacted Families First Coronavirus Response Act (“FFCRA”).

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2nd UPDATE: DOL Again Updates Question & Answers Page for Families First Coronavirus Response Act

Last week, we alerted you to the fact that the US Department of Labor had issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the FFCRA.

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DOL Updates Questions & Answers Page for Families First Coronavirus Response Act

Earlier this week, we advised you that the US Department of Labor had issued a Question & Answers webpage that addressed some issues arising out of the passage of the FFCRA,

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Families First Coronavirus Response Act Takes Effect April 1, 2020

We have kept you advised of recent federal actions taken in response to the COVID-19 outbreak, including the passage of the Families First Coronavirus Response Act (“FFCRA”) which, among other things,

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Employers Beware! Settling Individual Employee Claims Will Not Bar His or Her PAGA Claims

On March 12, 2020, in the case Kim v. Reins International California, Inc., the California Supreme Court addressed the issue: “Do employees lose standing to pursue a claim under the Labor Code Private Attorneys General Act (“PAGA”) … if they settle and dismiss their individual claims for Labor Code violations?”  Unfortunately,

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YouTube and the First Amendment

Is the privately-owned YouTube site really a “state actor” subject to judicial scrutiny under the First Amendment? That’s the claim made in a lawsuit by Prager University, which is not really a university.

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Is Your Competitor Objectionable? The Scope of Immunity Under the Communications Decency Act

In February 1996, faced with increasing public concern about the availability of pornography on the internet, as well as recent court decisions that seem to deter efforts to filter out such content,

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Challenging a Trade Secret Injunction? Better Come Loaded For Bear

One of the most common forms of relief sought in trade secret litigation is an injunction preventing the defendants from using or disclosing the plaintiff’s trade secret information.  Although temporary restraining orders and/or preliminary injunctions may be obtained that are in place during the lawsuit,

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New California Law Will Outlaw “No-Rehire” Provisions in Settlement Agreements

I have discussed in the past how the use of “no-rehire” provisions in settlement agreements between employers and their former employees were coming under attack in court.  In 2015, the Ninth Circuit in Golden v.

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LinkedIn Profiles and the Applicability of the Computer Fraud and Abuse Act

LinkedIn is a popular professional networking website with more than half a billion members. Many of its users, in an effort to enhance their networking capabilities, make their profile public and available to anyone to review their personal details such as their employment,

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Ninth Circuit Inquiry on Non-Competes Could Have Huge Implications

The Ninth Circuit recently asked the California Supreme Court to provide it with guidance concerning certain types of non-compete provisions that could have huge ramifications for California’s business environment.  In essence,

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Web Domains and The Forgotten Tort of Trespass to Chattels

California case law over the last few years is replete with instances where a new and/or small business has one of their employees take responsibility for various IT activities such as setting up the company website and/or email domains. 

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Potential Copyright Owners Beware: Make Sure Your Copyright Registrations Are Accurate!

Normally, a copyright registration certificate constitutes “prima facie evidence of the validity of a copyright and of the facts stated in the certificate.”  17 U.S.C. §410(c).  But what happens if that certificate contains knowingly inaccurate information?

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Do You Know Where The Photos For Your Website Come From?

Many businesses rely on their websites to promote their company and drum up business. Having a “professional” looking web page is considered a must and companies spend a lot of money in creating and maintaining their web presence.

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Employee Non-Solicitation Provisions Under Attack

Companies have a number of tools available to them to help protect their intellectual property, including trade secret and other proprietary information that give them a competitive advantage. Many employers utilize detailed provisions in their employee handbooks and employment agreements to protect this information.

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Co-Worker Non-Solicitation Provisions in Jeopardy?

For years, California courts have recognized the right of employers to use non-solicitation provisions in employment agreements to prevent employees from “soliciting” their coworkers to join them at a new employer. 

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Royalties, Preemption and Attorney’s Fees

The Ninth Circuit recently was called upon to decide awarding attorney’s fees in a case where artists were suing for unpaid royalties under the California Resale Royalties Act (“CRRA”).  In the case,

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Trademark Registration and the Presumption of Secondary Meaning

The U.S. Court of Appeals for the Federal Circuit was recently tasked with reviewing determinations made by the International Trade Commission (“ITC”) relating to trade infringement claims brought by Converse, Inc.

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Michael Jackson, Commercial Speech and Anti-SLAPP Motions

A California appellate court recently dealt a blow to fans of Michael Jackson who brought a class action alleging unfair competition and violations of the Consumers Legal Remedies Act (“CLRA”) in connection with the sale of an album titled simply “Michael” following the singer’s death. 

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“Honey Badger Don’t Care”: The Rogers test and Trademark Infringement

Christopher Gordon is a comedian who created a viral video about the honey badger with the notable catch phrase, “Honey Badger Don’t Care,” among others. He later trademarked that phrase and sued greeting card companies for trademark infringement for using that phrase,

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Ninth Circuit Rejects “General Possibility” of Infringement Theory

Today’s real estate industry relies heavily on the use of websites displaying photographs of properties for sale to entice buyers. Many of the photographs on these sites are taken by professional photographers who license the use of their photos and retain the copyrights to them.

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Three-Stripes and the Burden of Irreparable Injury

adidas and Skechers are athletic shoe and apparel manufacturers who have a long history of litigation between them arising out of claims that Skechers has repeatedly infringed upon adidas’ trademarks. In Adidas America,

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The DMCA’s Safe Harbor Provision and Policing Repeat Infringers

The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc.,

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Copyright Infringement and Third Party Software Support

A recent case out of the Ninth Circuit, Oracle USA, Inc. v. Rimini Street, Inc. (July 13, 2017), illustrates some of the risks third party software vendors run concerning copyright issues. 

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Say Cheese: Stock Photos, Non-Exclusivity & Copyright Infringement

The Ninth Circuit recently addressed an issue as to who may pursue claims for copyright infringement concerning stock photos in the case DRK Photo v. McGraw-Hill Global Education Holdings, LLC, et al.

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Ninth Circuit Holds that “Reverse Confusion” Need Not Be Pled with Specificity

A plaintiff seeking to prevail on a trademark infringement claim needs to establish that there is some likelihood of confusion between its mark and that of the defendant.  Generally, a plaintiff establishes that there is “forward” confusion by showing that customers believed they were doing business with plaintiff but because of a confusion in their respective marks,

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When is Making a Movie Not an Act of Free Speech?

I admit that the title of this article may be a bit deceiving.  Making films, like any other production of art, is almost always an act of free speech.  However, the Ninth Circuit was recently faced with a dilemma of determining this issue in connection with an anti-SLAPP motion brought against a screen writer who claimed that the defendants had failed to pay him for using his idea to make the film,

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Non-Compete Provisions and Forum Non Conveniens Considerations

Under California law, non-complete provisions are generally unenforceable.  But what happens when the non-compete provision appears in an employment contract that is governed by another state’s law with a forum selection clause limiting any dispute to that particular state? 

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Googling Google

“I googled it …” has become ubiquitous in every day conversation. Many of us refer to “googling” as the act of searching the internet regardless of whether we use the Google search engine to do so. 

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The Fabric of Copyright Infringement: Obtaining Summary Judgment on Copying Element

Generally, the issue of copyright infringement presents issues of fact to be decided by a jury.  However, when evidence that a design is so “substantially similar” to a copyrighted design, the trial court can find infringement as a matter of law and grant summary judgment to the copyright owner. 

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Unauthorized Downloading and Copyright Infringement

Liability for copyright infringement can result when one downloads protected software without the copyright owner’s authorization.  The Ninth Circuit was recently tasked with exploring the scope and reach of copyright protection in such cases in Design Data Corp.

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“It’s In The Game” – Proof Issues In Software Copyright Infringement Cases

A recent Ninth Circuit decision in Antonick v. Electronic Arts, Inc. (filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with software. 

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“Convincing Mosaic” Not Required In 7th Circuit

Since its 1994, decision in Troupe v. May Department Stores Co., 20 F.3d 734 (7th Cir. 1994), the Seventh Circuit has instructed the district courts within its boundaries (including those in Illinois) to look for evidence that creates “a convincing mosaic of discrimination” in considering summary judgment motions in employment discrimination cases. 

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Locksmith Locked Out By Communications Decency Act

The Communications Decency Act (“CDA”) provides broad immunity for “providers of interactive computer services.”  In essence, if an internet service provider falls within certain parameters, it is entitled to immunity against certain claims of liability brought under state law. 

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Restaurant’s Fee Deduction Program Violates FLSA

Employers whose workers earn most of their compensation through tips, such as restaurant employees, know that they walk a fine line to ensure compliance with the Fair Labor Standards Act (“FLSA”) and numerous other laws. 

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Trademark Assignability Laid Bare

Crazy Horse was a legendary Native American chief of the Oglala Lakota tribe who lived during the second half of the 1800s.  Unfortunately today, his name may be more familiar as a brand for various products,

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Copyright Infringement and the First Sale Defense

The Ninth Circuit’s recent decision in the case of Dolby Systems, Inc. v. Christenson, focuses primarily on the issue of which party bears the initial burden of proof with regard to a “first sale” defense in a copyright infringement action.

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Yoga and the Copyright Idea/Expression Dichotomy

Over the last half century there has been an explosion in the popularity of yoga in the United States, much of it attributable to Bikram Choudhury, the self-proclaimed “Yogi to the Stars.” In 1979,

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Hidden Pitfalls of Old Non-Compete Provisions

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an employee from soliciting or doing business with a former employer’s customer/clients over a set period of time and/or in regard to a set geographical area.

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Patent Infringement and Appellate Jurisdiction

In general, any appeal from a civil action involving claims of patent infringement must be made to the Federal Circuit in Washington, D.C. A recent case from the Ninth Circuit, Amity Rubberized Pen Company v.

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Bob Marley and Federal False Endorsement Claims

By James Kachmar Since his death in 1981, reggae superstar Bob Marley and his “image” continue to be broadly popular and command millions of dollars each year in merchandising revenue. His children own an entity called Fifth Six Hope Road,

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Protecting Trademarks and the Likelihood of Confusion Factor

By James Kachmar A few years ago, I wrote a column addressing a case in which Pom Wonderful LLC sued Coca Cola Company in connection with the marketing of one of its pomegranate-blueberry juice products.

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Tech Companies Reach New Settlement in Anti-Poaching Cases

By James Kachmar This blog has previously reported on the anti-poaching cases involving various tech companies in Silicon Valley. The cases arise out of alleged agreements between various tech companies not to recruit each other’s employees.

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9th Circuit Agrees to En Banc Rehearing of Garcia v. Google, Inc.

By James Kachmar In March 2014, this column analyzed a decision by a Ninth Circuit panel in Garcia v. Google, Inc., in which the Court held that an actress, who believed she was appearing in a minor role in an Arabian adventure movie,

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A Noncompete To Go With Your Sandwich?

By James Kachmar A few months ago, this blog noted that there was press coverage about the nationwide increase in the use of noncompete agreements in various industries.  A story that has made the rounds in the past week illustrates this point clearly. 

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Model Mayhem – The Communications Decency Act is Not a Defense to Negligent Failure to Warn Claim

By James Kachmar One of the primary purposes of the Communications Decency Act (“CDA”) is to limit liability for certain internet content providers specifically protecting websites from liability for material posting on their website by a third party.

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“No-Poaching” Lawsuits Come to Hollywood

By James Kachmar Readers of this blog are familiar with our coverage of the various cases involving high tech firms in Silicon Valley such as Google and Adobe involving alleged “no poaching” agreements that they would not solicit each other’s employees for possible employment. 

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California Businessman Sentenced to 15 Years for Trade Secret Theft

By James Kachmar A California businessman, Walter Liew, was recently sentenced to 15 years in federal prison after being found guilty by a jury on charges of trade secret theft, economic espionage,

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Funk, Copyrights, and Collecting Judgments

By James Kachmar Litigants know that obtaining a judgment against an adversary is only half the battle.  Sometimes the efforts a litigant must expend to collect on that judgment are just as significant,

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New York Times Article: Noncompete Clauses Increasingly Pop Up in Array of Jobs

By James Kachmar What do yoga instructors, event planners and exterminators have in common?  These are fields that are reportedly witnessing an increase in the use of noncompete provisions in employment agreements. 

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Non-Competes and the “Trade Secret Exception” Revisited

By James Kachmar We periodically discuss California law regarding non-compete provisions in this Blog. The California Supreme Court has made clear that non-compete provisions are unenforceable unless they fall within one of the statutory exceptions set out in sections 16601 et seq.

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Raging Bull Revisited – Copyright Infringement and the Laches Defense

By James Kachmar This column addressed the Ninth Circuit’s decision in the case Petrella v. Metro-Goldwyn-Mayer, Inc., et al., approximately 18 months ago.  The Ninth Circuit held that the equitable defense of laches could be asserted to bar a claim for copyright infringement even if it was filed within the three-year statute of limitations. 

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Attorney Fee Awards in Trade Secret Cases and “Local Community” Rates

By James Kachmar As readers of this blog may know, a party prevailing in a trade secret misappropriation case may be entitled to reasonable attorney’s fees if that party can show either that the claim was brought by the plaintiff in bad faith or that the defendant was guilty of willful and malicious misappropriation.

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Patent Filings and the Potential Discovery of Trade Secret Misappropriation

By James Kachmar Under California law, a plaintiff must bring a claim for trade secret misappropriation within three years of discovering the misappropriation or, by the exercise of reasonable diligence, should have discovered the alleged misappropriation. 

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Downloading is Not Necessarily Misappropriating

By James Kachmar One of the key pieces of evidence a plaintiff in a trade secret case usually looks for is the downloading of company information from its computers prior to a former employee departing and joining a competitor. 

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Additional Restrictions on Employer’s Use of Criminal History Checks

By James Kachmar Last month this blog reported on an ordinance passed by the San Francisco Board of Supervisors that would ban the use of criminal history checkboxes from employment applications for employers in San Francisco. 

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A Bit Part, a Fatwa and Copyright Infringement

By James Kachmar Most law students learn early in law school the old maxim: “Bad facts make bad law.” A recent Ninth Circuit case, Garcia v. Google, Inc., seems certain to test this proposition with its incredibly sympathetic facts.

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Another Non-Compete Held Unenforceable

By James Kachmar Under California law, non-compete provisions with an employee are generally unenforceable.  Statutory exceptions to this rule include the seller of a business’s goodwill or a membership interest in an LLC. 

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Trade Secrets and “Susceptibility” to Reverse Engineering

By James Kachmar Sometimes a defendant accused of trade secret misappropriation can defend on the basis that it has “reversed engineered” the alleged trade secret information and therefore did not misappropriate it. 

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Trade Secrets and Other Preemption Doctrines

By James Kachmar Readers of this blog know that we frequently discuss the doctrine of preemption under the California Uniform Trade Secrets Information Act.  That is, a claim for trade secret misappropriation will preempt any other common law claims based on the “same nucleus of facts.”  However,

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Copyright Preemption and Its Interplay with Trade Secret Misappropriation

By James Kachmar A recent decision in the case Jobscience, Inc. v. CVPartners, Inc. (N.D. Cal. Jan. 9, 2014) shows the interplay between the various theories of intellectual property claims. There,

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Another Door Closes on Non-Compete Agreements

Readers of this blog will note that we frequently remind them that California law generally prohibits non-compete agreements. There are very limited exceptions to this general rule, one being that the seller of goodwill in a business can be bound by a valid non-compete agreement to protect the goodwill that is being purchased.

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Employers: Relying on an Arbitration Provision In Your Employee Handbook May Not Protect You

As this blog frequently reminds its readers, California state courts take a hard look at arbitration agreements in the employment context. The recent case: Sparks v. Vista Del Mar Child &

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Partnerships Beware! Partners May Have Claims for Unlawful Retaliation under FEHA

On May 16, 2012, a California Appellate Court issued its ruling in Fitzsimons v. California Emergency Physicians Medical Group and held that a partner could state a claim for unlawful retaliation against her partnership under the California Fair Employment and Housing Act (“FEHA”).

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CASE ALERT: California Supreme Court Hands Down Brinker Decision

As many readers of this Blog know, we’ve been awaiting the California Supreme Court to issue its decision in the Brinker case. This morning it did so. As our attorneys continue to analyze the decision involving issues of employee rest periods and meal breaks,

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Employers – Have You Checked Your Documents Lately?

As you know, documentation is essential to performing even routine HR functions. You have potential employees fill out numerous pre-hire documents. You have employees sign employment agreements and other documents when hired.

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LEGISLATION ALERT: Governor Signs Employee Misclassification Bill

Last month, we told you about a bill, SB 459, that was awaiting the Governor’s signature. SB 459 would penalize employers who willfully misclassify employees as independent contractors. See alert at http://www.thelelawblog.com/2011/09/articles/new-legislation-and-regulation/legislative-alert-employee-misclassification-bill-sent-to-governor/.

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LEGISLATIVE ALERT: Employee Misclassification Bill Sent to Governor

On September 14, 2011, the California Legislature enrolled Senate Bill 459 and presented it to Governor Jerry Brown for signature. (As of the time of this post, the Governor has still not acted on SB 459.) SB 459 was introduced by Senator Ellen Corbett to address the issue of misclassification of employees as independent contractors.

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Employers Beware! Vacation v. Sabbatical Leaves

Almost every employer offers some form of vacation leave to its employees. Some employers, following the lead of academia, also offer long-term employees sabbatical leaves so that they can “recharge their batteries” and hopefully return to work more productive and creative.

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LAW ALERT: “Minimizing” Employer Liability Under Labor Code §2810

abor Code section 2810 was enacted by the California Legislature in 2004. The primary provision of section 2810 prohibits a party such as an employer from contracting for certain types of services,

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LAW ALERT: Cal. Upholds Municipal Order Regulating Ability to Replace Workers Upon Buying a Business

On July 18, 2011, the California Supreme Court issued its opinion in the case California Grocers Association v. City of Los Angeles, in which it upheld the Grocery Worker Retention Ordinance enacted by Los Angeles in December 2005.

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Identifying Trade Secrets with “Reasonable Particularity”

Section 2019.210 of the Code of Civil Procedure requires that a plaintiff identify its alleged trade secrets with “reasonable particularity” before that party can commence discovery on its claims based upon trade secret misappropriation.

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Taster’s Choice – Appropriation of Likeness and the Statute of Limitations

by James Kachmar In Cristoff v. Nestle USA, Inc., the California Supreme Court issued guidance in determining when the statute of limitations runs on a claim for appropriation of likeness. Russell Cristoff,

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10 Things to Know When a Competitor Hires Your Employees or You Hire Theirs

by Charles L. Post and James Kachmar You Lose A Key Employee; And Then Another And Another … One of the company’s highest paid employees has decided to look for greener pastures or even start her own company.

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Grand Theft Auto: Trademark Infringement and the First Amendment

The Grand Theft Auto (“GTA”) video game series is one of the most successful video games of all time. In April 2005, the maker of GTA was sued for trademark infringement as a result of its inclusion of a fictional strip club in its game that bore a resemblance to a real strip club in East Los Angeles.

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Third Party Trade Secret Misappropriation and the Statute of Limitations

Third Party Trade Secret Misappropriation and the Statute of Limitations By James Kachmar A California appellate court was recently faced with the issue of when the statute of limitations runs on a claim for trade secret misappropriation against a third party when the plaintiff’s trade secrets are stolen and sold to that third party.

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Intentional Interference Claims and Preemption by the California Uniform Trade Secrets Act

By: James Kachmar On March 5, 2008, the United States District Court for the Northern District of California (“District Court”) in First Advantage Background Services Corp. v. PrivateEyes, Inc., (“First Advantage”) found,

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Trademark Infringement and the Importance of Establishing Likelihood of Confusion

Trademark Infringement and the Importance of Establishing Likelihood of Confusion By James Kachmar On December 28, 2007, the Ninth Circuit issued its opinion in the case titled Applied Information Sciences Corp.

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Act Now! – Or Lose Your Trade Dress Infringement Claim

Act Now! – Or Lose Your Trade Dress Infringement Claim By James Kachmar In Magic Kitchen LLC v. Good Things International Ltd., et al., the California Court of Appeal (Second App.

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Collage Ads & Copyright Infringement

By James Kachmar In Jarvis v. K2 Inc. (April 30, 2007), the Ninth Circuit held that a retailer’s use of collage advertisements containing copyrighted photos was not covered by the “collective works” privilege and,

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The Ninth Circuit Clarifies the “Safe Harbor” Provisions of the Digital Millennium Copyright Act

By James Kachmar On March 29, 2007, the Ninth Circuit issued its opinion in the case Perfect 10, Inc. v. CCBill LLC, et al. in which it attempted to clarify when immunity is available to internet service providers for copyright infringement under the Digital Millennium Copyright Act (“the DMCA”),

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Employers: You May Be Eligible for Immunity Under the Communications Decency Act

Employers: You May Be Eligible for Immunity Under the Communications Decency Act By James Kachmar A California appellate court affirmed last month that an employer is entitled to immunity from tort liability for threatening emails sent on or through the employer’s internet/email system by one of its employees.

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