25
Jun

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the time an agreement spawns litigation. Under a recent Ninth Circuit decision, such a closure could be more than inconvenient: it could cut off a party’s bargained-for access to federal court. In a matter of first impression, the U.S. Court of Appeals for the Ninth Circuit recently held that a venue-selection clause ...

20
May

When a company hires senior employees, it may invest a great deal of time and money training them.  Employees also may receive access to confidential client lists, relationships with customers and vendors, or proprietary business information.  So what happens when employees move on, taking that training and knowledge with them?  Ex-employees sometimes are uniquely positioned to open up a competing business; as a practical matter, a company is often training its future competition.  The potential damage could be even greater ...

24
Sep

With both NCAA and NFL football now upon us, I am reminded of the popular adage, “the best defense is a good offense.”  The saying can also apply in law. Take, for example, the case of Robin Thicke, the artist behind the song “Blurred Lines.”  While “Blurred Lines” was definitely the song of the summer, it also allegedly used elements of Marvin Gaye’s “Got to Give It Up,” the rights to which are held by the Gaye family.  Rather than wait ...