Article(s) published by this organization: 51
| 1 | Cartoon Network v. Cablevision--Buffer Reproductions Are Not Infringing Copies, Holds Second Circuit in "Remote" DVR Case Mitchell Zimmerman, Chad Woodford; Fenwick & West LLP; August 20, 2008, previously published on August 8, 2008 In a long-awaited ruling, the Second Circuit held on Monday that unauthorized reproductions of data, such as digital movie files, in computer buffers are not infringing copies because they are not fixed "for a period of more than transitory duration." |
| 2 | Vegans (and Foodies) Rejoice: D.C. Circuit Rules for FTC in Whole Foods Merger Case Tyler A. Baker, Mark S. Ostrau; Fenwick & West LLP; August 13, 2008, previously published on July 30, 2008 In a two to one decision, the United States Court of Appeals for the District of Columbia has given the FTC a major victory for its merger enforcement jurisdiction. |
| 3 | Employers Must Make Meal and Rest Breaks Available To Non-Exempt Workers; Need Not Ensure Breaks Are Taken or Force Employees to Comply Daniel J. McCoy, Saundra Riley, Soo Cho; Fenwick & West LLP; August 9, 2008, previously published on July 23, 2008 In a victory for California employers, a California appellate court ruled that an employer's duty to "provide" rest and meal breaks to employees means that the employer need only make such breaks available to employees, and not that it ensure that employees actually take such breaks. |
| 4 | Ninth Circuit Adopts Good Faith Defense for Lanham Act Claims Premised on Allegedly False Patent Infringement Allegations Made to Third Parties Rodger Cole, Marybeth Milionis; Fenwick & West LLP; July 30, 2008, previously published on July 8, 2008 In Fisher Tool Co., Inc. v. Gillet Outillage, __ F.3d __, 2008 U.S. App. LEXIS 13727 (June 30, 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent... |
| 5 | SEC Extends Date of Auditor Attestation for Non-Accelerated Filers Robert A. Freedman, Jeffrey R. Vetter; Fenwick & West LLP; July 30, 2008, previously published on July 11, 2008 On June 26, 2008, the SEC announced it extended the date for non-accelerated filers to include in Annual Reports on Form 10-K and Form 10-KSB the auditor attestation required under Section 404(b) of the Sarbanes-Oxley Act of 2002. |
| 6 | Think You Are a Co-Owner of a Copyright?--Think Again Brian Carver; Fenwick & West LLP; July 7, 2008, previously published on June 18, 2008 Many copyright owners co-own their copyrights with others, or at least they thought so until the decision came down in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008). |
| 7 | Reminder for Employers Who Hire Unpaid Interns or Trainees Fenwick & West LLP; June 27, 2008, previously published on June 10, 2008 Now that summer is officially here, many employers may be considering hiring unpaid student interns or trainees. Please remember California's especially strict requirements in this area. |
| 8 | U.S. Supreme Court Determines That Civil Rights Act Covers Retaliation Claims Fenwick & West LLP; June 19, 2008, previously published on June 10, 2008 In CBOCS West, Inc. v. Humphries, the United States Supreme Court decided (in a 7-2 vote) that 42 U.S.C. ยง 1981, which was enacted shortly after the Civil War as part of the Civil Rights Act of 1866 to prohibit race discrimination, also encompasses claims of retaliation in employment. |
| 9 | California "Hands Free" Cellular Phone Law Is Here Fenwick & West LLP; June 27, 2008, previously published on June 10, 2008 Effective July 1, 2008, California drivers over the age of 18 will be required to use a "hands-free device" when using their cell phones. With the addition of penalty assessments and court costs, fines for violations can be around $75 for a first offense and $175 for a second offense. |
| 10 | Abortion Discrimination Prohibited By Employment Discrimination Laws Fenwick & West LLP; June 27, 2008, previously published on June 10, 2008 In Doe v. C.A.R.S., the Third Circuit Court of Appeal (which has jurisdiction over several northeastern states) recently determined that the Pregnancy Discrimination Act prohibits discrimination against a female employee because she has exercised her right to have an abortion, finding that abortion... |
