Freeman

Mark Mizrahi interviewed by Lawyer Monthly on Monetizing Your IP

Mark Mizrahi – Monetizing Your IP Article in Lawyer Monthly Magazine

Avoiding Commercial Lender Liability Claims by Distressed Borrowers | FFS Insights

Part One: A Strong Pre-Negotiation Letter by Jeffrey S. Goodfried You are a responsible, reasonable commercial lender. A borrower has defaulted on its loan and its principal calls you to discuss a short-term proposal to delay enforcing your rights under the loan documents. The principal is nice enough on the phone, and explains the justifications…

Is Your Company Using “Trojan Horse” Evidence in Trade Secret Theft Cases? | FFS Insights

by Arash Beral and John D. Stanley A company’s internal, secret documents can contain some of the most lucrative information, information that may be especially rewarding to a competitor. As all businesses are aware, someone with access to this information (usually a departing employee) could easily harm the business by poaching clients, offering more competitive…

Is Your Company Website and Mobile App Accessible to the Visually Impaired? | FFS Insights

by Arash Beral and Kelsey Hotchkiss Building on a string of victories across the country, visually impaired persons secured a noteworthy win in a January 15, 2019 decision by the Ninth Circuit Court of Appeals.  The Court applied the “full and equal” access provisions of the Americans with Disabilities Act (“ADA”) to all auxiliary services…

Is Independent Contractor Status Dead in California? | FFS Insights

In late April 2018, the California Supreme Court issued a decision that set out what the court believed was a simpler, clearer test for determining whether a worker is properly classified as an independent contractor under the California Wage Orders – and which most commentators have opined all but kills most independent contractor relationships in…

NLRB Is Now More Reasonable About Employee Handbooks | FFS Insights

In March 2015, the General Counsel of the National Labor Relations Board (NLRB) issued a guidance memo that was extremely critical of commonly used employee handbook provisions.  That memo clearly indicated that many of these provisions would be found to unlawfully interfere with employee rights under the National Labor Relations Act (NLRA). However, with a…

Reminder to In-house Counsel: Know Your California Bar Licensing Requirements!

A recent California Attorney General (“AG”) opinion finding that only a licensed attorney can lawfully represent another in a California administrative hearing under the Administrative Procedure Act is a good reminder to in-house counsel to be aware of California licensing requirements.  These requirements apply to any person “practicing law” in California, whether because an out-of-state…

FINRA Proposes Expanded Customer Options in Disputes Against Inactive Members and Persons

On October 18, 2017, FINRA released Notice to Members (“NTM”) 17-33 regarding proposed amendments to the Code of Arbitration Procedure for customer disputes that involve inactive members or persons.  FINRA is addressing the issue based on the large number of arbitration awards which go unpaid when a respondent member or associated person is no longer…

EEO-1 Required Information has Changed

On August 29th, the Office of Management and Budget (OMB) informed the Equal Employment Opportunity Commission (EEOC) that it is initiating a review and immediate stay of the effectiveness of the pay data collection aspects of the EEO-1 form that was revised on September 29, 2016. The 2017 EEO-1 form will therefore only collect data…

Ninth Circuit Decision That Mortgage Underwriters are Nonexempt Under the FLSA Has Greater Ramifications

One of the continuing issues under the federal Fair Labor Standards Act (FLSA) has been whether mortgage underwriters are exempt or nonexempt.  A 2009 decision by the Second Circuit held that they were nonexempt.  A 2016 decision by the Sixth Circuit held that they are exempt under the administrative exemption because they perform work that…

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