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May 2018 Archives

An interesting issue from the complex realm of intellectual property

Any sports fan who actively follows college competition knows just how huge a spectacle that can be at the so-called “D-1” level. Major top-tier programs across the country (one might quickly think of the USC Trojans and UCLA Bruins for a local perspective) literally ooze money, with that being instantly apparent from their swollen game attendance numbers, product sales and other garnered revenues.

Dynamex: The California Supreme Court Upends the State's Independent Contractor Market

On April 30, 2018, the California Supreme Court upended the state's independent contractor market with its decision in Dynamex Operations West v. Superior Court. The Court's ruling changed the way the law will determine whether a worker is an employee or an independent contractor. The case discards the decades-old test of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (Borello) and replaces it with a new "ABC Test." 

Restraint-of-trade litigation ramps up in California federal court

American federal law that seeks to ensure fair competition in the commercial realm is both robust and long-tenured, with so-called “antitrust” protections aimed at precluding monopolies and other business-choking strategies being well established and explicit.

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