California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers

by Lukas Clary, Meagan D. Bainbridge
The Labor & Employment Law Blog

In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the U.S. Supreme Court decision in Viking River Cruises, Inc. v Moriana holding that the Federal Arbitration Act (FAA) preempts the California law precluding division of individual and non-individual Private Attorneys General Act (PAGA) actions for purposes of compelling arbitration. Not only is arbitration of individual PAGA claims now in play, but employees may not have standing to pursue non-individual PAGA actions in court.

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Trademark Protection and the Lawful Use Requirement

by James Kachmar
The IP Law Blog

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. The Ninth Circuit recently tackled this issue in AK Futures LLC v. Boyd Street Distro, LLC (decided May 19, 2022), a case that involved e-cigarette and vaping products derived from cannabis.

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CA Employers: Good News from the US Supreme Court PAGA Actions May Be Subject to Arbitration After All

by Lizbeth (Beth) V. West
The Labor & Employment Law Blog

The long-awaited decision by the US Supreme Court in Viking River Cruises, Inc. v. Moriana was issued on June 15, 2022, and brings some good news for California employers. The issue before the court was whether the Federal Arbitration Act (FAA) preempts a rule of California law that invalidates contractual waivers (e.g. arbitration agreements) of the right to assert representative claims under California’s Private Attorneys General Act (PAGA).

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What is a Design Patent?

by Audrey A. Millemann
The IP Law Blog

A design patent protects a new, original, ornamental design for an article of manufacture. 35 USC section 171. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Those aspects are the shape or configuration of an article (like the shape of a bottle or a vase), the surface ornamentation on the article (like a painting on the bottle or vase), or a combination of both. The design must be a design for a specific article;

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Overlooked Provisions when Negotiating Purchase and Sale Contracts

by Mark E. Ellinghouse

In protracted contract negotiations, many clients become dismayed when a deal they thought had been agreed in a letter of intent is suddenly the subject of contentious exchanges between the parties and their counsel. The clients may be comfortable with the purchase price or due diligence timelines, but many clients have never considered, let alone negotiated, the various other critical terms in a purchase contract.  These terms are often as, if not more, important, as they will define the scope of the parties’ rights relating to the transaction and exposure for lawsuits after closing.

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