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The Recorder

When Is a 'Final Offer' Really a Final Offer?

The offer stage of an interview process can be tricky. Each professional enters the dynamic with her own set of beliefs and ideas as well as a strategy for how to best navigate the negotiation waters.
4 minute read

The Recorder

Employee Nonsolicitation Clauses Are Not Enforceable in California

After decades of uncertainty, courts have now confirmed that California's strong public policy in favor of employee mobility prohibits the enforcement of employee nonsolicitation clauses.
6 minute read

The Recorder

Calif. High Court Ruling: Good News for Defamation Plaintiffs

Courts must now determine whether a statement, even if the content touches on a general area of public interest, contributes to or furthers the public conversation on that issue of public interest.
6 minute read

The Recorder

WGA Challenges Packaging Fees Paid to Major Talent Agencies

In the long-simmering dispute between the Writers Guild and the talent agencies that represent writers in the television and motion picture industries, there are high stakes for both sides and the ultimate resolution reached through litigation or negotiation could make fundamental changes in how compensation is determined for writers and agents alike.
9 minute read

The Recorder

'Mash-Up' of Dr. Seuss and Star Trek Held Fair Use

In Dr. Seuss Enterprises v. ComicMix, the Southern District of California granted summary judgment to defendants, affirming its prior findings that a ComicMix illustrated book combining elements of several Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was a non-infringing fair use of the Seuss material from which it had admittedly been “slavishly” copied.
8 minute read

The Recorder

Judicial Realism Is Dangerous

Judges reach decisions on matters before them, then find laws to support their predetermined result. They may ignore laws that dictate a different outcome and conveniently disregard prior decisions that have a bearing on the cases in front of them.
6 minute read

The Recorder

On Appeals: Lessons Learned From the Languishing Lace Cases

For the second time in five years, the U.S. Court of Appeals for the Ninth Circuit has breathed new life into Malibu Textile's claims that fast-fashion retailer H&M, among others, copied its lace designs.
7 minute read

The Recorder

Riding the Pre-IPO Wave to Estate Planning

The news has been highlighting the upcoming wave of initial public offerings (IPOs), and as these successful startups are preparing for their impending major liquidity event, there is tremendous buzz focused on how the market will be affected.
6 minute read

The Recorder

When FCPA Policing and Whistleblower Claims Collide

The recent decision of the U.S. Court of Appeals for the Ninth Circuit in Wadler v. Bio-Rad provides a good illustration of the intersection between FCPA enforcement and whistleblower claims.
8 minute read

The Recorder

How Does the US Supreme Court's LGBT Bombshell Resonate in California?

In a highly anticipated move, the U.S. Supreme Court recently agreed to consider a trio of cases that will determine whether the nation's most prominent workplace discrimination statute prohibits employment discrimination against LGBT workers.
6 minute read

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More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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