Posts by ADLI Law Group
California’s Take on Non-Compete Agreements
It is a common refrain by executives, managers, and employees generally: Can my former employer really enforce the non-competition agreement I signed when I first joined the company? The answer, as is often the case in the legal realm, is yes, no and maybe. California, unlike many other states, has laws against “restraint of trade.”…
Read MoreWhat’s in A Name? Everything If Your Name Is Kylie Jenner
We’re saturated with Kylie Jenner. She has a celebrity. She’s all over reality TV as a Kardashian adjunct. She regularly graces the covers of tabloids. She has tens of millions of followers as a social media icon. She has a burgeoning career as a fashionista, either selling or planning to sell clothing, cosmetics and accessories.…
Read MoreWho’s An Employee? The Impact of Dynamex, Daily Journal (July 2, 2018)
In an article for the Daily Journal, Dr. Dariush Adli examines the landmark decision, where the California Supreme Court changed the standard for designating employees as independent contractors, making it much more difficult to classify employees as independent contractors. The article discusses the implications of the decision on California’s Gig economy as well the potential…
Read MoreShould Musical Works be Entitled to ‘Broad’ or ‘Thin’ Copyright Protection?, The Recorder (June 12, 2018)
In an article for The Recorder, Dr. Dariush Adli examines the hotly disputed legal issue between the majority and dissent in the recent, highly publicized, U.S. Court of Appeals for the Ninth Circuit “Blurred Lines” decision. That decision weighed in on whether Marvin Gaye’s 1976 hit song “Got to Give it Up” was entitled to…
Read MoreAnti-SLAPP: When State and Federal Rules Collide
The degree to which California’s anti-SLAPP provisions conflict with the Federal Rules of Civil Procedure is an issue that has been hotly disputed since California Code of Civil Procedure § 425.16 was enacted in 1992. Recently, the Ninth Circuit held that when California’s anti-SLAPP statute is utilized in federal court, the court will review the…
Read MoreWhen Court Powers Supersede the Will of the Parties
On May 18, 2018, the Ninth Circuit affirmed a district court’s grant of summary judgment on an issue raised sua sponte by the court, despite the fact that the parties had negotiated and agreed that the defendant would not seek summary judgment on the issue. On December 22, 2011, the plaintiff in the case on…
Read MoreSubsidized Free Speech
A group of California grape growers/shippers brought an action in the County of Fresno against the California Table Grape Commission, contending that the Commission’s collection of assessments under the Ketchum Act (Food & Agr. Code § 65500 et seq.) to subsidize promotional speech on behalf of all California table grapes violates the growers’ right to…
Read MoreBird Law and the Fourth Amendment
Fictional character Charlie Kelly once said “bird law in this country – it’s not governed by reason.” In an opinion filed May 1, 2018, the Ninth Circuit disagrees, holding that the Fourth Amendment may protect an individual from having his apparently healthy birds seized by the city without a warrant. In Martino Recchia v City…
Read MoreYour Start-Up Will Stall If It Doesn’t Own Its IP
As I’ve emphasized in other writings, the single most important asset of any business is its intellectual property (“IP”). Sure, good management is very important, but executives and other managers can (and do) come and go. A start-up’s IP, like a diamond, should be forever (or at least until it’s sold or tra nsferred). Among…
Read MoreThe Dueling Banjos: Two Recent Supreme Court Solos Echo Through California Employment Law
The courts in the United States often zig and zag in different ways, as some judges lean one way or another. The result is like dueling banjos, with melodies resonating for years as employment lawyers in Los Angeles pick up their own instruments to mimic the rhythm to their own case. Two employment law “solos”…
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