Supreme Court Reverses California’s Decision on PAGA Claims

If you haven’t been following the Viking River Cruises, Inc. v. Moriana case, we’ll quickly get you up to speed. In short, the plaintiff of the case, Angie Moriana, was an employee of Viking River Cruises. When hired, Moriana agreed to a contract specifying that any employment disputes would be compelled to arbitration, waiving class action and PAGA claims. Later, Moriana sought to bring a PAGA action against Viking, Read More

When Should My Business Seek Injunctive Relief?

If your business is facing potentially severe damages as a result of intellectual property infringement, breach of contract, or other damaging actions by a third party, injunctive relief may be your solution. These injunctions can prevent a party from continuing their actions or ensure that they act in compliance with the order of the court in order to prevent any more damage to your business. Temporary Read More

What the California False Claims Act Means to Business Owners

Similar to many other states, California has created laws that seek to discourage those who might wish to defraud the state by expanding upon federal whistleblower laws. These laws provide employees with protection from wrongful termination if they report the theft of government funds. California provides its citizens with the ability to utilize qui tam lawsuits extensively, which creates a significant risk to Read More

A Warning on the WARN Act

The federal Worker Adjustment and Retraining Notification Act of 1988 (WARN) requires employers to give advance notice to employees and their representatives before closing down a facility or engaging in mass layoffs. This law has been expanded in California, and this blog provides a brief overview of the WARN Act as it affects California's employers.   When Does WARN Apply? In California, any business with Read More

New Severance Restrictions in California

In January, Senate Bill 331 went into effect. An expansion of the STAND Act passed a few years ago, S.B. 331 now makes it unlawful to use confidentiality provisions in settlement and separation agreements that would silence a person who has alleged discrimination or unlawful activity in the workplace. Moving forward, employers must make sure they act in accordance with this new legislation when they find themselves Read More

Public Domain and Copyfraud – What Am I Allowed to Use?

In the modern world of video streaming, NFTs, and more digital content than ever before, our copyright system has truly been tested. Content creators and other creatives may be confused as to what content they’re legally allowed to use and understandably so. The purpose of this blog is to clarify how works enter the public domain and how to protect yourself from copyfraud claims. Understanding Public Read More

What Are the Differences Between Trademark Infringement and Dilution?

While both are bad for your business, trademark infringement and dilution impact your brand in different ways. As such, they are treated differently under United States trademark law and have different requirements for litigation. The differences between the two could be important to how your business handles any trademark disputes that may come your way. Infringement Requires Product Confusion The standard by Read More

The Advantages a Federal Trademark Could Bring to Your Business

While small businesses may be able to operate with a local trademark, businesses seeking expansion and growth may want to register their trademarks federally to turn them into valuable assets. If your business wants to begin operations overseas or over the internet, a federal trademark can be an important first step. Federal Trademarks Provide Protection Outside of Your Area Without a federally registered Read More

The Future of PAGA Claims

The California Labor Code has always been a difficult area to litigate, but the landscape of one of the United States’ most contested areas of law may change drastically soon. Depending on the decision of the Supreme Court in the upcoming case of Viking River Cruises Inc. v. Moriana, PAGA (the Private Attorneys General Act) will either be upheld as is, or the Supreme Court will rule that the FAA (Federal Arbitration Read More

Three Signs You May Want A Business Divorce

Many businesses are started by friends and/or family members working together. It can be exciting and fun to build a business with your partners, but sometimes disagreements arise that are not resolvable. If you feel that your business partner has become an active detriment to your company, or if your relationship simply isn’t working out, it may be time for a business divorce. While there are many different reasons Read More