Companies responding to the pandemic are faced with the challenges of not only complying with federal, state, and local emergency orders and guidelines for each location in which they operate, but also ensuring that any...more
Seyfarth Synopsis: A new California State guidance provides direction for dine-in restaurants, brewpubs, craft distilleries, breweries, bars, pubs, and wineries to provide a healthy and clean environment for workers and...more
The COVID-19 pandemic has created unprecedented disruption and challenges for businesses navigating California’s consumer protection laws. ...more
5/18/2020
/ Auto-Renewal ,
Business Closures ,
Class Action ,
Consumer Contracts ,
Coronavirus/COVID-19 ,
Event Cancellation ,
False Advertising ,
Liability ,
Membership Agreements ,
Refunds ,
Retail Market ,
Subscription Services ,
Unfair or Deceptive Trade Practices
With all sports and live entertainment “postponed” or canceled since Rudy Gobert’s March 13th trip to that Oklahoma City hospital, and every concert and festival suffering the same fate by government order, refunds have...more
Civil litigators and Superior Courts in California were given some temporary relief from uncertainty this week when the state’s Judicial Council adopted rules to address the COVID-19 pandemic shut downs, including extending...more
4/8/2020
/ California ,
Court Schedules ,
Depositions ,
Eviction ,
Foreclosure ,
Guidance Update ,
Litigation Strategies ,
Remote Hearings ,
Remote Working ,
Rules of Court ,
State and Local Government ,
Statute of Limitations
Even before the COVID-19 pandemic, businesses around the world had been bracing for the financial and operational impact of the new California Consumers Privacy Act (“CCPA”), which took effect January 1, 2020. ...more
4/7/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government
Confusion and uncertainty abound in the business world, with many business owners unable to meet a variety of contractual obligations as a result of the COVID-19 pandemic, and related government shut downs, employee...more
The Ninth Circuit has certified questions to the California Supreme Court in Ixchel Pharma v. Biogen seeking guidance as to: 1) whether section 16600 of the California Business and Professions Code extends to contracts...more
In Seyfarth’s first installment in its 2020 Trade Secrets Webinar Series, Seyfarth attorneys Robert Milligan, Jesse Coleman, and Joshua Salinas reviewed the noteworthy legislation, cases, and other legal developments from...more
Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more
2/27/2020
/ Confidentiality Policies ,
Conflicts of Interest ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employment Contract ,
Employment Litigation ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FOIA ,
Forum Selection ,
Fraud and Abuse ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Legislative Agendas ,
Low-Wage Workers ,
Minimum Wage ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
Sherman Act ,
State Attorneys General ,
State Labor Laws ,
Trade Secrets ,
UK ,
Wage and Hour
Within the last five months, the two executive arms responsible for enforcing antitrust laws—the US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”)—held public workshops to examine the effect of...more
1/24/2020
/ Antitrust Provisions ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Job Applicants ,
Low-Wage Workers ,
Non-Compete Agreements ,
Public Workshops ,
Restrictive Covenants ,
Rulemaking Process ,
Sherman Act ,
UDAP
On Wednesday, August 7, 2019, Seyfarth partners Robert Milligan and Joseph Escarez reviewed the latest consumer class action law developments affecting companies that do business in California. It is no secret that...more
8/19/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Ascertainable Class ,
ATDS ,
Best Practices ,
Class Action Arbitration Waivers ,
Constitutional Challenges ,
Disclaimers ,
FCC ,
Free Speech ,
Putative Class Actions ,
Renewal Options ,
Risk Management ,
Subscription Services ,
TCPA ,
Vagueness
In May, Seyfarth attorneys Katherine Perrelli, Robert Milligan, and Dawn Mertineit participated in the ITechLaw 2019 World Technology Conference in Boston....more
Seyfarth Synopsis: On June 24, 2019, the Supreme Court issued its decision in Food Marketing Institute v. Argus Leader Media and resolved fractured circuit splits about the parameters for when the government may withhold...more
7/11/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA
On June 24, 2019, the Supreme Court issued its decision in Food Marketing Institute v. Argus Leader Media and resolved fractured circuit splits about the parameters for when the government may withhold information from a...more
7/3/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA
On May 14, 2019, Oregon Governor Kate Brown signed into law HB 2992, which, as of January 1, 2020, requires an employer to provide a terminated employee with a signed, written copy of his or her non-competition agreement...more
6/24/2019
/ Appeals ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
State and Local Government ,
State Labor Laws ,
Trade Secrets
Seyfarth Synopsis: On June 5, 2019, the Ninth Circuit issued an opinion in NEI Contr. & Eng’g, Inc. v. Hanson Aggregates Pac. Sw., Inc., 2019 U.S. App. LEXIS 16885 (9th Cir. June 5, 2019), upholding the district court’s...more
6/19/2019
/ Audio Recording ,
Class Action ,
Class Certification ,
Class Representatives ,
Decertification ,
FRCP 23 ,
Invasion of Privacy ,
Oral Communications ,
Predominance Requirement ,
Prior Express Consent ,
Standing ,
State and Local Government
Even before the California Supreme Court decided Edwards in 2008, employers knew all too well the woes of attempting to enforce non-competes against California employees. Edwards simply reaffirmed California’s long-standing...more
6/7/2019
/ Contract Terms ,
Deferred Compensation ,
Denial of Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Forfeiture ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Retirement
A California federal district court recently granted a temporary restraining order (“TRO”) against a former employee for misappropriating proprietary and confidential information in violation of the Defend Trade Secrets Act...more
4/3/2019
/ Breach of Contract ,
Confidential Information ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Former Employee ,
Injunctive Relief ,
Misappropriation ,
Non-Disclosure Agreement ,
Proprietary Information ,
Trade Secrets ,
TRO
In Seyfarth’s first installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Michael Wexler, Robert Milligan, and Joshua Salinas reviewed noteworthy cases and legal developments from across the nation over the...more
Continuing our annual tradition, we have compiled our top developments and headlines for 2018-2019 in trade secret, non-compete, and computer fraud law....more
1/29/2019
/ Blockchain ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
FOIA ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
Petition for Writ of Certiorari ,
Restrictive Covenants ,
Trade Secrets ,
Whistleblower Protection Policies
On September 20, 2018, California Governor Jerry Brown signed into law AB 1884 and SB 1192, which prohibit certain restaurants from offering plastic straws and restrict the default beverage in kid’s meals to water or milk....more
A California federal district court recently granted a TRO and preliminary injunction against a general manager who allegedly misappropriated customer information from his previous employer in violation of the California...more
Throughout 2018, Seyfarth Shaw’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever-changing...more
On September 19, 2017, Governor Jerry Brown signed into law AB 2632, which amends California’s slack fill law, and provides manufacturers, retailers, and consumers with greater clarity regarding the requirements for...more