Law Firm News

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Law Firm News

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Fenwick & West, LLP

Beware the Dangers of Arbitrators Morphing Into Mediators
In Morgan Phillips, Inc. v. JAMS/Endispute, LLC, 140 Cal. App.4th 795 (June 20), the Court of Appeal overturned the grant of a demurrer, ruling that arbitral immunity did not bar breach of contract and other claims against a mediator/ arbitrator and the ADR organization with which he was associated. Although the court-sanctioned exception to arbitral immunity was framed as a narrow one, ambiguities in the ruling raise disturbing issues.

08-01-2006

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Fenwick & West, LLP

Court Shifts Balance Between Trade Secrets and Public Interest
Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal.

08-01-2006

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Fenwick & West, LLP

Ninth Circuit Extends Sublicensing Rule to Trademark Licenses
On July 19, 2006, the Ninth Circuit held in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. 2006) that a licensee of trademark and related publicity rights does not have the right to sublicense those rights to third parties without the licensor's express permission. In so holding, the Ninth Circuit extended the well-established "sublicensing rule" from copyright and patent law to the licensing of trademark and related publicity rights.

08-01-2006

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Shughart, Thomson & Kilroy, P.C.

Condominium and Right to Cure Laws
Condominium and Right To Cure laws. As of the 2006 legislative session, 30 states have passed laws that give developers, contractors (and in some states architects) the right to cure construction defects before suit is filed. In most states this specifically includes condominium projects and suits by home owner associations. STK has prepared a summary of the 30 state laws and the full text, with hot links to the offical state web sites. Be aware that in many states a specific contract notice must be included in the contract in order to trigger the protection of this law. If you have questions about these laws, contact a member of the STK Real Estate Law or Construction Law practice groups.

08-01-2006

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Snell & Wilmer, L.L.P.

MORALES EARNS SPOT ON WHO’S WHO LEGAL USA
Jerry Morales, a partner in Snell & Wilmer’s Phoenix office, has beenselected to the Who’s Who Legal USA ® – Management Labor & Employment 2006.

One of only two labor and employment attorneys in Arizona to be named to theWho’s Who Legal USA, Morales’ practice is concentrated in labor, employment,and construction law-representation. He has extensive experience in NLRB unfairlabor practice trials, and union elections matters, collective bargaining, labor lawissues affecting the construction industry, wage and hour compliance, corporatepolicy development, and administrative proceedings before state and federalregulatory agencies, including the Equal Employment Opportunity Commission,U.S. Department of Labor, and National Labor Relation Board.

Morales’s practice also includes employee benefits law-representation with respect to collectivelybargainedemployee benefit funds and withdrawal liability claims. He also has extensive experience inInternational-Representation of U.S. companies in negotiating lease and distribution agreements, jointventures and other arrangements in Mexico, in the formation of Mexican subsidiaries, and in theestablishment of branch or representative offices there.

Morales received his juris doctor, as well as his MBA from Tulane University.Morales received hisundergraduate degree from Stetson University.

08-01-2006

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Day Pitney, LLP

Property Tax Reform in New Jersey: What's In It (Or Not In It) for Business?
Christopher Stracco discusses potential concerns for New Jersey businesses in light of the special joint session of the Legislature on July 28, 2006 in the Metropolitan Corporate Counsel article, "Property Tax Reform in New Jersey: What's In It (Or Not In It) for Business?

08-01-2006

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Dechert LLP

Required Sign-Off by Stockholders
A Delaware Chancery Court gave Lions Gate Entertainment Co. a shot at winning control of the board of Image Entertainment Inc. in a decision that serves as a warning to companies trying to hurry installation of takeover defenses. Ruling on a complaint by hostile suitor Lions Gate in mid-June, a judge blocked Image from having shareholders vote on a staggered board at the annual meeting later in 2006. Image directors approved the staggered board last year in an apparent move to deny Lions Gate, holding an 18.9% stake in Image, a chance to take over the entire six-member board. The court said that Image could not prove that all shareholders universally endorsed the change. Image has been considering strategic alternatives after rejecting a Lion's Gate offer. William Lawlor of Dechert says that the decision warns companies that the Delaware courts will not bail them out if they make mistakes in adopting takeover defenses.

08-01-2006

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