• 09.15.16

    As California Burns, Costs Trump Safety

    Wildfires in the West, and particularly in California, have been a recurring story as the severe drought has made the area even more susceptible to major fire events. Most recently the Blue Cut fire in Southern California forced the evacuation of 80,000 people, destroyed over 100 homes as well as ...

  • 09.15.16

    New York DFS Issues $180M BSA/AML Penalty

    New York’s banking regulator cracked down on enforcement of the state’s anti-money laundering (AML) law, issuing a $180 million penalty against Mega International Commercial Bank of Taiwan (Mega Bank) for past violations and requiring an independent monitor going forward.What ...

  • 09.15.16

    Tenth Circuit: Color + Pattern = Trademark Protection

    In the context of product packaging, color can only be distinctive for trademark purposes when combined with a shape, pattern, or design, the Tenth Circuit U.S. Court of Appeals has ruled when holding that on its own, a color scheme is not "inherently distinctive" enough for legal ...

  • 09.13.16

    WADA Is "Broken" and Should Be Replaced

    One sure way to tell the weakness of an organization is to see what its supporters are saying about it. By that standard, the World Anti-Doping Agency (WADA) is very weak indeed.For example, although WADA is half funded by the International Olympic Committee (IOC), 84 out of 85 IOC members in ...

  • 09.09.16

    Environmental Justice Takes Center Stage in Climate Change Legislation

    In the final weeks of this year’s legislative session, the California Legislature struck far-reaching agreements on climate-change legislation at a time when it wasn’t clear that the political will existed for such a deal.The Legislature first passed a pair of measures that would extend ...

  • 09.08.16

    The Federal Circuit Allows Petitioners to Submit New Evidence After the Start of an Inter Partes ...

    In June the U.S. Court of Appeals for the Federal Circuit rejected Genzyme Therapeutics Products’ argument that the Patent Trial and Appeal Board’s (PTAB) decision to invalidate two patents for the treatment of a rare genetic muscle condition violated the Administrative Procedure ...

  • 09.08.16

    Jury Should Decide Validity of Mental Fitness Exam Request

    Why it matters Whether the employer's requirement that an employee undertake a mental fitness exam violated the Fair Employment and Housing Act (FEHA) should be decided by a jury, a California federal court has ruled. Several workers complained to the human resources department at a university ...

  • 09.08.16

    Ninth Circuit Sides With NLRB on Class Waivers

    Why it matters Siding with the National Labor Relations Board (NLRB), the Ninth Circuit Court of Appeals pushed the question of whether it violates the National Labor Relations Act (NLRA) to require employees to sign agreements precluding them from bringing concerted legal claims in any forum one ...

  • 09.08.16

    Judge Puts the Brakes on Uber's $100M Settlement

    Why it matters The parties in the putative class action alleging that Uber drivers are employees and not independent contractors are back to square one after the judge overseeing the litigation refused to sign off on the proposed $100 million settlement. Just prior to trial, the parties reached a ...

  • 09.08.16

    Arbitration Agreement Not Binding, California Appellate Panel Affirms

    Why it matters A California appellate court recently provided employers with a lesson in how not to structure an arbitration agreement in an employee handbook. January Esparza was given a handbook when she began working at Sand & Sea, Inc., that contained an arbitration provision. The handbook ...

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