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California’s “Seven-Year Rule” for Employment Contracts

The hard rock band Avenged Sevenfold is in a contract dispute with its label, Warner Bros.  The band is attempting to cancel its recording contract based on California’s “Seven-Year Rule” for employment contracts.  After receiving the band’s notice of intent to cancel, the label filed a breach of contract lawsuit. According to Billboard, the band originally agreed to provide the label with 5… READ MORE

California Organic Foods Fraud Lawsuits

Posted in Fraud on January 16, 2016

In Quesada v. Herb Thyme Farms, Inc., the California Supreme Court recently clarified that consumers may sue companies that falsely label their products organic.  California Organic Foods Fraud Lawsuits may exists where the foods are outright not organic, or where organic foods are mixed with non-organic, both of which Michelle Quesada alleges in her purported class action against Herb Thyme Farms,… READ MORE

California Insurance Company’s Duty to Defend Lawsuits

Posted in Insurance Bad Faith on January 13, 2016

In California, when you have a liability policy with an insurance company, it often has a duty to defend a lawsuit against you.  The duty to defend exists whether or not the liability claim is actually covered under the policy.  The test for a California insurance company’s duty to defend lawsuits is only whether the claim is potentially covered under the policy. If… READ MORE

How to Keep Secret a California Trade Secret

Posted in Business and Real Estate Litigation on November 3, 2015

In California, a trade secret is information that derives value from not being generally known, and the person who owns it must keep it secret. There is no general rule.  Whether enough has been done to maintain secrecy is measured on the particular facts of every case. The trade secret owner must take reasonable steps under the circumstances to maintain secrecy.  Depending on… READ MORE

A Trade Secret can be Anything in California

Posted in Business and Real Estate Litigation on November 3, 2015

A trade secret in California is any information that derives value from not being generally known.  It must also be efforts to maintain its secrecy. The information can be any knowledge and/or data.  California court have recognized: Advertising Strategy Food Recipes Beverage Recipes Marketing Information Business Strategy Customer Lists Customer Information Contractor Lists Employee Lists Supplier Lists Budgets Engineering Design Manufacturing Processes Price… READ MORE