The festival featured 60 rock bands and was a first for Napa. Critics say organizers were not able to deliver what they promised, which included donating up to $1 million to various charities. In addition to owing the stagehands and the charities, there are upcoming payments to the city of Napa for fire and police services, as well as the to the state-owned expo where the event was held. Those payments are $106,729 and $310,938, respectively.
]]> Organizers say the payments are being held up because of an accounting issue with the food and beverage vendor, who is a restaurateur and caterer. Payment for the festival's cut of the food and beverage sales has not been received yet, according to organizers, and that is what will be used to cover the stagehands' wages. The festival organizers have alleged the catering company is in "breach of contract" for failing to provide the required accounting by May 27. The catering company said it was given on May 24, but that the festival organizers do not agree with the totals.
Some stagehands, though, have filed claims with the California Department of Industrial Relations. They are seeking payment for their wages and benefits, as well as late penalties.
Both the festival organizers and the caterers have attorneys working to resolve the issues, but also want to make sure the contracts with the charities are honored. As much as one dollar from each ticket sold and one dollar from each beverage sold was to go to charity.
If you are involved in a contract dispute with another individual or entity and cannot agree on a resolution, contact an experienced California business litigation attorney. This is the best way to ensure your rights and interests are protected.
Source: pressdermocrat.com, "BottleRock has yet to pay charities, 142 stagehands" Derek Moore, Jun. 11, 2013
]]>The residents say in December 2012, many units flooded during a series of storms. That flooding, according to the lawsuit, was the result of waterproofing problems with the pre-cast concrete walls, exterior concrete masonry walls, underground garage walls and windows. The residents retained the services of forensic architects to determine the exact cause of the flooding.
]]> The homeowners association for the SOMA Grand notified the general contractor and the builder of the alleged building standard violations through the Title 7 or SB 800 pre-litigation process in December 2011. They were hoping to have their claims resolved without resorting to litigation.The mediation was not successful, and the lawsuit was filed seeking more than $4 million in damages. The dates for upcoming court appearances in the case have not yet been made available.
One of the attorneys representing the residents says that today's high rise buildings often have construction and design defects. These might include such problems as water leakage, mechanical issues or siding defects. These issues, however, he said, can be fixed in a relatively short time, restoring the building to working order.
If you believe your California home or business building was not properly constructed, contact a construction litigation attorney. Not only will you learn about your options, but your attorney can also advise you on the possible claims for damages you may be able to seek from the contractor, builder, engineer and other parties.
Source: housingwire.com, "San Francisco high rise sued over construction defects" No author given, May. 20, 2013
]]>Two Kings County residents have sued the Authority in hopes of stopping construction. There are many claims in their lawsuit, including that the project won't be finished by 2020 and that the Authority doesn't have the money to match the funds as required by Proposition 1A. That proposition was approved by the voters and there are many parts to it. The bill passed by the legislature in California is to ensure spending for the project goes as it should.
]]> The two Kings County residents suing the Authority will see the high-speed rail go right through their property if it goes in along the planned route. Both would be paid under eminent domain, but neither believe it is enough.The Authority has tried to combine all of the lawsuits with a very unusual legal maneuver. Anyone who was opposed to the rail was to be included in a lawsuit - "High-Speed Rail Authority v. All Persons Interested." The Authority didn't quite plan on the high numbers of people on the other side of the lawsuit. It will take a great deal of time for the suit to make its way through the court system. A similar lawsuit took more than a year in San Jose.
The Kings County residents did not want to be included in that lawsuit and last week, they were granted that wish. Their lawsuit will remain separate, with the hearings in the suit beginning the last day of May.
When you are involved in business litigation, you need an experienced California attorney to ensure your rights are protected. The business law arena is so complex, it can be difficult to know how to proceed and this is where an attorney's advice can prove invaluable.
Source: kalw.org, "California High-Speed Rail Challenge Will Move Forward" Isabel Angell, May. 24, 2013
]]>The initial case was filed by Rambus in 2006 and resulted in an award of $349 million against Hynix for infringing on Rambus' patents. The fine against Rambus is meant to be used a "credit" towards the $349 million judgment, but Hynix's attorneys do not believe the sanction was high enough. Hynix also asked for a new trial, but the judge denied that request. Hynix now plans to appeal the judge's ruling. The U.S. Court of Appeals has already heard an appeal by Hynix to throw out the $349 million verdict for patent infringement. The lower court's verdict was upheld.
]]> The case that Rambus filed against Hynix, as well as another case pending against Micron Technology, Inc., is related the defendants' use of dynamic random access memory or DRAM. This is an important component of a computer, as it is the main memory. DRAM is interchangeable among the different computer brands, so it is built to industry standards. The documentation that Rambus allegedly destroyed were related to the information the company provided the board that sets the standard for DRAM in the industry.There is little doubt that the area of law dealing with copyright, patents and other intellectual property is quite complex. If you feel your patent or copyright has been infringed upon, contact a California copyright attorney as soon as possible. There are civil remedies that may be pursed in order to protect your intellectual property.
Source: businessweek.com, "Rambus fined $250 million in Hynix patent-infringement case" Joel Rosenblatt, May. 09, 2013
]]>The Elk Hills Reserve of California has been jointly operated by Chevron and the Department of Energy for over 50 years. It consists of over 47,000 acres of land near Bakersfield, over 1,000 oil wells, a power plant and two gas-processing units. There is believed to be about 1 billion barrels of oil on reserve and the government says they have a 78 percent share of Elk Hills. This is what Chevron disputed and why the company filed the lawsuit.
]]> Chevron and the government agreed to sell the government's stake in Elk Hills to Occidental Petroleum Corp for $3.65 billion back in 1997. Chevron and Occidental Petroleum Corp do not work the oil field together. The exact split of the holdings was to be determined, but the two entities could not come to an agreement. The judge has now ordered the government to pay a sanction of 42 percent of Chevron's legal fees since the suit was filed in 2007, in addition to the unspecified damages. The judge called the sanction a response to the government's "bad faith litigation tactics."You don't have to be a giant corporation to need the representation of an experienced California contract dispute attorney. When you are a party in a business contract and the other side is not abiding by the contract, make sure your rights and assets are protected by contacting an attorney to see what your options are in this complex area of business law.
Source: bloomberg.com, "Chevron Wins Suits Against U.S. Over California Oil Field" Andrew Zajac and Tom Schoenberg, May. 09, 2013
]]>The defendants include a 24-year-old man who is accused of selling counterfeit purses out of his home in Westminster; a 45-year-old man who is accused of selling counterfeit shoes in his shoe stores in Los Angeles and Garden Grove; and a 33-year-old man who is charged with selling counterfeit merchandise out of kiosks in Huntington Beach.
]]> The charges all stem from search warrants served last November. At the 33-year-old defendant's home, there were reportedly hundreds of counterfeit items found, including jewelry, mobile phone cases and wallets. HSI agents reportedly found counterfeit purses at the 24-year-old's home that were manufactured to look like Chanel and Louis Vuitton. When investigators searched the shoe stores owned by the 45-year-old defendant, there were reportedly dozens of pairs of counterfeit Tory Burch and Juicy Couture shoes.According to investigators, if the merchandise had been legitimate, it would have been worth almost $100,000. The International Anti-Counterfeiting Coalition says counterfeit products such as wallets, purses, shoes and other items, cost U.S. companies $200-$250 billion each year in lost sales.
These criminal charges now bring the total number of Orange County retailers charged to seven as a result of Operation Fashion Faux Pas. The estimated value of all goods seized during the investigation is more than $820,000. That value is based upon what the counterfeit goods would have sold for if they had been genuine.
Those who feel their intellectual property rights have been infringed upon should contact an attorney who specializes in this complex area of the law. This is the best way to ensure your rights are protected and to learn what your options are in a civil lawsuit.
Source: imperialvalleynews.com, "Orange County vendors charged with selling counterfeit goods" No author given, Apr. 24, 2013
]]>The decision in the case states that Craigslist does not have an exclusive license and copyright to the content posted by users on its site. There was an exception and that was a two-week period last year when Craigslist had posted an amendment to its Terms of Use, which said it was the exclusive license holder. That amendment, though, was quickly dropped. Without having that exclusive license, the judge said Craigslist cannot sue the three startup companies for copyright infringement.
]]> Even though the company could still be sued by Craigslist for unauthorized data use, 3Taps has declared the ruling a victory. A statement posted on 3 Taps' website criticized Craigslist for its “sham litigation,” saying the company has used copyright claims to threaten many companies.A countersuit had been filed against Craigslist for unfair business practices, stating the company had violated antitrust laws at the state and federal levels. The countersuit claimed Craigslist has stifled innovation because it has so much market power. In doing so, it has also harmed consumers. The statement on 3Taps’ website also states that the data on Craigslist is publicly available because it was already listed by Google, and is not protected by copyright laws. 3Taps claims the lawsuits by Craigslist are nothing more than a way for the company to discourage and prevent competition and innovation.
Copyright and trademark issues are very complex; however, both are vital to the success of many businesses. An experienced business litigation attorney can help a company determine if copyright infringement or another similar issue has occurred and provide advice and representation in a civil case.
Source: techcrunch.com, "Judge throws out Craigslist???s copyright lawsuit, but it can still sue 3Taps over data use" Catherine Shu, Apr. 30, 2013
]]>However, California lawmakers are attempting to implement new rules regulating hydraulic fracturing, and this has oil companies voicing serious concerns about protecting their intellectual property.
]]> California's Conservation Department wants oil companies to disclose the composition of their fracking fluids. The companies would have to disclose their formulas to regulators in the event of a chemical spill and to physicians if they need the information to treat a patient or respond to a medical emergency.The oil companies, though, say that the composition of their fracking fluid is a trade secret that they should not be forced to disclose. They worry that disclosing their formulas to regulators could then make them available to the wider public. They say competitors could get a hold of the information, thus disrupting their ability to operate a profitable business.
California law allows the public to request access to government records. However, the state could grant the Conservation Department authority to notify companies when their information is requested. The companies would then have the ability to go to court to request an injunction against the release of the information.
The proposed rules are expected to be finalized sometime in the next 12 to 18 months.
Source: Fuel Fix, "California fracking rules plan stirs trade secrets fight," April 25, 2013
Our law firm represents businesses in trade secrets litigation. For more information, please visit our website.
]]>This suit was one of many filed against Toyota after the recalls in 2009 and 2010. More than 14 million vehicles were affected, but most of the lawsuits filed over the recalls still have not been settled or heard in court.
]]> As per the settlement, the automaker was able to continue to deny all of the claims made by the District Attorney's office. A statement released by the company's vice president stated that the recall issues were addressed and the company is pleased that Toyotas are again seen as some of the most reliable and safest vehicles today. In the past, though, Toyota was quick to blame the driver, as well as defective floor mats and accelerator pedals that stuck, for all of the problems.The District Attorney said that $8 million will go into the Gang Reduction Intervention Partnership in Orange County. This program targets kids in the fourth and fifth grades in an effort to keep them out of gangs. The remainder of the money will be used to pay for the costs of the lawsuit and for future lawsuits of a similar nature.
There are regulations and laws in place for how businesses can operate. If you believe a company is not abiding by those regulations or laws, or if you are considering another type of business litigation, an experienced business attorney can provide you with all of the options so you can make an informed decision about how you want to proceed.
Source: scpr.org, "http://www.scpr.org/news/2013/04/05/36710/toyota-to-pay-16-million-in-settlement-with-orange/," April 5, 2013
]]>Shakira fans in the U.S. are most familiar with her songs such as "Hips Don't Lie," "She Wolf" and "Whenever, Wherever." Now, she is a staple of the hit reality singing competition The Voice. Her ex-boyfriend claims Shakira owes him money for one of her biggest hits, "Hips Don't Lie," as well as another of the star's songs that was featured in the 2010 World Cup.
]]> The ex-boyfriend is suing Shakira for $100 million because he argues that he is part of the reason why two of the artist's songs gained so much success. He claims, and Shakira reportedly confirms, that he pushed the singer to do "Hips Don't Lie" despite the fact that she didn't like it right away. The plaintiff also claims that he is the inspiration behind "Waka Waka."Business matters like this can be complex. Based on reports, it doesn't appear as though the couple had any business contracts between them, and that could make it difficult for the plaintiff to prove his case and get the millions that he believes he deserves. It would be another story and type of case if the two had been married over the course of Shakira's successes, but the two reportedly only dated for a year.
This business dispute is yet to be heard in court. We will post an update when there is a new development.
Source: E! Online, "Shakira sued for $100 million by ex-boyfriend," Bruna Nessif, April 17, 2013
]]>Those who frequent Macy's have likely seen the various Martha Stewart Living products on the shelves, from bedding to dishes to décor and more. Penney wants in on some of the retail action that the domestic diva's name brings in, but Macy's isn't going to share her without a fight.
]]> Macy's argues that Martha Stewart Living Omnimedia has an exclusive agreement with the store; putting its products in Penney boutiques, therefore, would be a breach of contract. Yesterday, a judge ruled that no contract violation occurred, supporting Penney's hope that it will someday see Martha Stewart Living boutiques in its stores.Of course, the survival of Penney isn't guaranteed, a point that's been made clear this week with the loss of its CEO Ron Johnson. Despite recent attempts to reinvigorate the store and its brand, sales for Penney have significantly declined in the past year. Perhaps it was Johnson's hope that the addition of the Martha Stewart Living boutiques would bring some life back to the Penney brand.
The lawsuits between Macy's, Penney and Martha Stewart Living are not over. Macy's has more it wants to prove and will continue to try to do so in court, maybe even through an appeal.
Source: The Wall Street Journal, "On Disclosing Macy's Pact, Judge Finds for Stewart," Chad Bray, April 10, 2013
Jackson left behind a will that essentially gives everything he had and earns to his mother and children. But he also has trustees, those who have a certain level of control over how funds and business connected to Jackson are handled. The trustees and Jackson's family are not always on the same page which made for at least one business dispute that is now settled.
]]> CNN reports that Jackson's mother worked with a California company in the marketing of a leather, crystal-studded tribute belt. The accessory was to be sold in memory of Jackson for the price of $1,600 -- a cost that would seem minimal to the numerous adoring Jackson fans and anyone who might want to sport some bling in memory of one of the biggest stars of all time.The product was ready for sale three years ago but the sales were halted by the trustees. They reportedly wanted more knowledge regarding the business matter and hadn't been involved in the business deal between Jackson's mother and the California company. After a three-year wait, fans of Jackson now have access to the tribute belt. The parties have settled the matter out of court.
This business dispute is an example of how such matters can have an element of emotion to them. When family and business combine, it can be easy for parties to lose sight of right, wrong and what is in the best interest of the various entities tied into the situation.
Source: CNN, "Michael Jackson tribute belt cleared for sale," Alan Duke, April 4, 2013
]]>Textbooks that are published in the U.S. are sold internationally and sold for cheaper prices in the student's homeland of Thailand. He bought textbooks there that students needed here and sold them for lesser prices. He made a reported $100,000 in his entrepreneurial effort but didn't get to celebrate his success without legal stress.
]]> NBC News reports that textbook publisher John Wiley & Sons challenged the student's selling of their textbooks. The business argued that the young man was infringing upon copyright laws. Lower courts agreed with that argument, requiring the student to pay damages of $600,000, money he clearly didn't have.But the matter went beyond those courts and to the U.S. Supreme Court. In a 6-3 vote, the court ruled in favor of the student, confirming the argument that he was legally exercising his right to sell items that he himself had purchased. The first sale doctrine essentially provides consumers the right to sell or give away goods that they own.
This ruling has a wide impact in the country. It impacts those who depend on secondary sales either as a business or as a way of living on a budget. A business like the Goodwill, for example, sells copyrighted items like books. Prohibiting the student's sale of books would be no different from the sale of books at the Goodwill or at a garage sale. That is what supporters of the ruling argue, at least. Some are disappointed with the court's ruling. They worry that publishers will be forced to increase the price of their products to international consumers.
Copyright issues can be complex. Our California intellectual property lawyers have experience protecting individuals' and businesses' rights in copyright infringement cases.
Source: NBC News, "Supreme Court backs student in dispute over used textbook sales," Pete Williams, March 19, 2013
]]>Torres has no college degree and basically has inherited her business position and wealth through her family. Her grandparents started the chain that specializes in fast but fresh burgers in 1948. Since its inception, death and trusts have altered the ownership of the chain over time. And the current state of ownership hasn't come without its own contract disputes.
]]> Forbes put together a sort of timeline of In-N-Out detailing time, events and transfers of ownership. The following are a few bullet points that highlight some of the landmark changes and disputes related to the company:This 2005 incident led to the challenged trustee suing the other parties for breach of contract. He made various allegations against the trustees, as well as Torres, including that they had taken advantage of her grandmother in order to try to oust the trustee and basically direct and use the funds from In-N-Out for their personal gain.
In the end, the challenged trustee and those who challenged him wound up settling the business dispute. He became president of the company but currently serves as a trustee. Torres, at the age of 31, now owns the majority of In-N-Out due to trusts set up that transfer more shares of the business to her based on her age. She will get even more of the business when she turns 35.
Our California business litigation lawyers have experience helping those involved in breach of contract disputes.
Source: The Huffington Post, "In-N-Out Family Drama: Inside The Lawsuit That Almost Tore The Company Apart," Caleb Melby, March 13, 2013
]]>LinkedIn, of course, disagreed. They filed to have the lawsuit dismissed, and a U.S. district judge in San Jose recently granted their request. According to him, the plaintiffs did not adequately explaining how the harm they were caused by the hacking incident was connected to LinkedIn's alleged misconduct.
]]> LinkedIn's situation exemplifies the obstacles that many businesses face. While not all businesses are challenged by this exact issue, problems can arise that are out of a company's control. When that happens, consumers, investors or shareholders may challenge a company's business practices -- sometimes by taking legal action. If this occurs, it is important for businesses to be prepared.To ensure that your best interests are protected if you are going through business litigation, speaking to an experienced attorney is advisable. Had LinkedIn been taken to trial and lost in a situation like this, it is likely their reputation would have been substantially tarnished, not to mention the potential financial impact it could have had on the company. Because they were able to identify the holes in the plaintiffs' case, however, they were able to show that the allegations were not well supported.
Source: Bloomberg, "LinkedIn Wins Dismissal of Privacy Suit Over Hacking," Joel Rosenblatt, March 5, 2013
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