Business and Real Estate Litigation

San Diego Employee Trade Secret Theft

As noted in the CEBblog on trade secrets, one of the most likely times for actual (or alleged) San Diego employee trade secret theft is when an employee leaves a company.  In her blog, Julie Brooks does a great job informing lawyers and companies of the potential for trade secrets theft when an employee leaves, and recommending the use of a proper… READ MORE

What is the Definition of Independent Contractor in California?

California employers and employees often want to know: what is the definition of independent contractor in California?  More specifically, how does an independent contractor differ from an employee in California?  This question and classification can have a lot of ramifications.  As just one example, one of our clients recently received a California Labor Commissioner Notice, after a purported employee filed… READ MORE

Fraud Lawsuits Against California Wine Company

Several fraud lawsuits against California wine company, Premier Cru, were put on hold recently after the company filed bankruptcy.  Consumers filed the fraud lawsuits against the California wine merchant after paying for expensive wines, but the company failed to deliver the product. As reported by WineSpectator.com, thePremier Cru entity filed bankruptcy after racking up an alleged $70 million in liabilities, including debts… READ MORE

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

How to Keep Secret a California Trade Secret

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