Archives for August 2012

California Courts Continue the Trend of Punishing Plaintiffs Who Bring UTSA Claims Based on Mere Suspicions

You know the scenario well.  A valuable employee leaves a company to work for a competitor.  The former employer is incensed and feels betrayed.  “How could this loyal employee have left?  I raised him from a pup.  Why did we not see this coming?”  The emotional questions are then followed by the competitive considerations: “What will […]

New Compliance Concern for California Bloggers

When I first envisioned this blog, my focus was on ways to help others comply with California’s extensively over-regulated regime.  Little did I know that, by simply launching this blog, I might need to consider unique compliance issues thanks to Sacramento’s efforts to expand readers’ rights to privacy and anonymity. But as Professor Eric Goldman […]

The Cup of Coffee You’re About to Enjoy May Cause Cancer–So Says California: The Coffee Industry Response to Prop 65

If you have recently visited your neighborhood Starbucks or other favorite coffee shop, you may have noticed a sign that looks like this one that I snapped while standing in line at my neighborhood. What is this all about?  Should you stop drinking coffee?  This is the latest in the series of misuses of the […]

Litigation Risks Arising From Failed Contract Negotiations

Although it did not make my Top Ten list, one significant litigation risk that companies in California face relates to tort claims that arise from failed contract negotiations.  California recognizes a cause of action for failure to negotiate in good faith.  I discuss this theory in a recent article that first appearing in the Orange […]

Are You as Green as You Claim to Be? Compliance with California’s Environmental Marketing Claims Act

The great legal philosopher, Kermit the Frog, once observed “it’s not easy being green.” He could have added that it may no longer be as easy to claim you are green when you aren’t.  The passage of the California’s Environmental Marketing Claims Act (“EMCA”), for companies manufacturing or distributing products in California, is aimed at those, […]

The Inaugural Post–What Are the Greatest Risks?

Consistent with the purpose of this blog, it is appropriate that the first post list the Top Ten litigation liabilities for California businesses. Knowing your company’s risks is the first step to avoiding senseless and costly litigation.  Based on the past several years of monitoring new case filings and defending companies in every conceivable type […]