The Hagan Law Firm Represented Avenda Systems in its acquisition by Aruba Systems
The Benefits Of Trademark Registration
SECONDARY AGENTS CAN BE HELD LIABLE FOR SECURITIES VIOLATIONS AND RESCISSION
The Appellate Court found that an insurance services company which acted as an agent only in the sale of corporate promissory notes may have committed securities violations under Sections 25504 and 25504.1 of the Corporations Code and could be liable for $1,000,000 in a rescission action brought by a defrauded investor. This ruling reflects the Court’s expansion [...]
Unlicensed Accountants Not Entitled to Overtime Wages as a Matter of Law
Two-thousand unlicensed junior accountants filed a wage-and-hour class action against their employer, PricewaterhouseCoopers LLP (PWC). The accountants claim PWC failed to pay them mandatory overtime under California Labor Code 510(a). The district court granted partial summary judgment in favor of the Plaintiff Class accountants, finding as a matter of law that PWC could not exempt [...]
Supreme Court Upholds Arbitration Clauses and Class Action Waivers in Consumer Contracts
In a decision which will have wide sweeping implications for any businesses serving consumers, the U.S. Supreme Court ruled on April 27, 2011, that companies may insert into their consumer contracts provisions that force the consumer to arbitrate any dispute, and which waive any right to bring a class action lawsuit. This allows businesses the [...]
Righthaven Litigation Campaign Defeated Again by Doctrine of Fair Use
Since March 2010, Righthaven, LLC has filed 276 lawsuits against small defendants posting news articles on their websites. Righthaven, LLC is a Las Vegas based copyright enforcer that works with newspaper companies to protect original content, but it does not actually own the copyrights on that content. Several courts have already dismissed Righthaven lawsuits for [...]
US Supreme Court Upholds Clear and Convincing Standard for Patent Invalidation
On June 9, 2011, the Supreme Court issued a decision in Microsoft Corp. v i4i Ltd., where it affirmed the clear and convincing standard necessary to invalidate a patent. This has been the standard applied by the Federal Courts since 1984.
Overtime Law Applies to Out-of-State Workers
On June 30, 2011, the California Supreme Court ruled that overtime laws apply to out-of-state workers employed by California based businesses.