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Weekly Employment Brief - December 16, 2003

Publication

12/16/2003 - California Court Permits Company to Fire Supervisor for Dating Subordinate/Policy Against Rehiring Violators of Workplace Rules Can Be Legitimate Reason to Refuse to Rehire Former Employee Who Resigned After Positive Drug Test

Litigation Alert: Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents

Publication

7/5/2007 - Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender.

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

Publication

11/29/2017 - In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an artistic work.

Patent Alert: Supreme Court Unanimously Rejects Bilski Patent Application but Narrowly Upholds Business Method Patents

Publication

6/28/2010 - Patent Alert: Supreme Court Unanimously Rejects Bilski Patent Application but Narrowly Upholds Business Method Patents, Written By Fenwick Attorneys in the IP Group.

Litigation Alert: Ninth Circuit Assesses Use of Player Likenesses in Video Games

Publication

8/6/2013 - On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases: Brown v. Electronic Arts, Inc., and In Re NCAA Student-Athlete Name & Likeness

Convertible Note for Seed-Stage Startups

Publication

5/31/2018 - This form is a convertible note to be used in connection with the seed-stage financing of a startup company during which they build their product and test the market.

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy

Publication

2/22/2018 - In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated issue of worker classification

Litigation Alert: Supreme Court’s Lexmark Decision Creates Uniform Federal False Advertising Standing Requirement

Publication

3/27/2014 - Supreme Court’s Lexmark Decision Creates Uniform Federal False Advertising Standing Requirement, Widening the Door for Claims in the Ninth Circuit; It Also Suggests a New Approach to Determining Standing Requirements Under Other Federal Statutes.

Fenwick Employment Brief - April 14, 2005

Publication

4/14/2005 - U.S. Supreme Court Allows Disparate Impact Theory in Age Discrimination Cases/Employers May Not Require Medical Examination Before Making 'Real' Job Offer

Fenwick Employment Brief - July 16, 2009

Publication

7/16/2009 - This Fenwick Employment Brief for July 2009 summarizes recent developments in the law.

11-20 of about 190 results

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy

Publication

2/22/2018 - In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated issue of worker classification

FTC: New HSR Thresholds for 2018

Publication

1/29/2018 - The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Antitrust Improvements Act will take effect at the beginning of March. All transactions closing on or after the effective date will be governed by the n

A Concise Summary of the New Tax Law

Publication

1/5/2018 - This summary describes some of the more significant changes made to U.S. federal tax laws by H.R. 1, the bill signed into law by President Trump on December 22, 2017.

Intellectual Property Bulletin - Winter 2018

Publication

1/4/2018 - Fenwick's Intellectual Property Bulletin covers current issues in IP law from copyright to trademark and more.

The SEC and Plaintiffs’ Class Action Attorneys Are Targeting Initial Coin Offerings

Publication

1/3/2018 - Issuers and other professionals participating in Initial Coin Offerings — widely known as ICOs — are facing the increasing threat of both U.S. Securities Exchange Commission enforcement actions and private class action suits from aggrieved investors, at l

Ninth Circuit Makes it Easier to Sue for Video Privacy Protection Act Violations But Harder to Win

Publication

12/5/2017 - The U.S. Court of Appeals for the Ninth Circuit held in Eichenberger v. ESPN that allegations that the Video Privacy Protection Act was violated are sufficient to establish Article III standing, but that the definition of “personally identifiable informat

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

Publication

11/29/2017 - In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an artistic work.

New Guidance from SEC Encourages Board Involvement in Excluding Certain Shareholder Proposals

Publication

11/29/2017 - The staff of the Division of Corporation Finance of the U.S. Securities and Exchange Commission on November 1, 2017, issued a new Staff Legal Bulletin regarding shareholder proposals under Rule 14a-8.

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

Publication

11/16/2017 - In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor users who anonymously posted a

Intellectual Property Bulletin - Fall 2017

Publication

11/6/2017 - Fenwick & West Intellectual Property Bulletin. Covering current legal issues in patent, copyright and intellectual property law - Fall 2017