Searching Content indexed under Constitutional & Administrative Law by Fenwick & West LLP ordered by Published Date Descending.
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"Oh, The Places You'll Go:" Mobile Geolocation Data And The 4th Amendment
Early this month, the U.S. Supreme Court added Carpenter v. United States to the roster for consideration in the upcoming October term.
United States
3 Jul 2017
California eDiscovery Legislation Signed Into Law, Effective Immediately
On June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, California's first set of statutes designed to address the realities of electronic discovery.
United States
13 Jul 2009
Federal Initiatives Affecting Corporate Law
In recent weeks, leading legislators and regulators have announced a series of initiatives arising, in one way or another, out of the recent economic crisis.
United States
26 Jun 2009
DOJ Revises Policy On Demanding Waiver Of Attorney-Client Privilege
On December 12, 2006, the Justice Department announced new guidelines for federal prosecutors to follow in charging business organizations. The new guidelines make significant changes to the circumstances under which the government may demand a waiver of the attorney-client privilege and work product protections from a company that is the subject of a criminal investigation.
United States
2 Jan 2007
California Court Of Appeal Rules Contractual Provisions To Submit Disputes To Judicial Referee Are Enforceable
On August 21, 2006, the California Court of Appeal ruled in Woodside Homes of California Inc. v. Superior Court (Wheeler), 06 C.D.O.S. 7777, that pre-dispute contractual agreements to submit controversies to a judicial referee pursuant to California Code of Civil Procedure sections 638 et seq. are enforceable under California law despite the Supreme Courtís holding last year in Grafton Partners L.P. v. Superior Court, 36 Cal. 4th 944 (2005), that pre-dispute contractual waivers of trial by jury
United States
21 Sep 2006
California Court Rejects "Narrow Restraint" Exception To Stateís Prohibition On Non-Compete Agreements
A California appellate court expressly rejected a "narrow restraint" exception to Californiaís non-compete statute, an exception relied on by federal courts to enforce non-competes against California employees where the restraint excludes an employee from a narrow portion of his or her profession.
United States
8 Sep 2006
Northern District Of California Rules Online Auction Buyer Must Sue In Sellerís Forum
Recently, Chief Judge Vaughn Walker of the Northern District of California ruled in Boschetto v. Hansing (Case No. C-06-1390, order issued July 13, 2006) that a Wisconsin residentís sale of a vehicle on eBay to a California resident did not give rise to personal jurisdiction in California.
United States
7 Sep 2006
Electronic Discovery is Focus of Pending Federal Rule Changes Approved by U.S. Supreme Court
On April 12, 2006, the United States Supreme Court approved changes to the Federal Rules of Civil Procedure that will require early involvement of the court in managing electronic discovery.
United States
8 May 2006
Perfect 10ís Preliminary Injunction Against Google Exposes New Approaches to Copyright and Fair Use on the Internet
On February 21, 2006, the Federal District Court in Los Angeles issued a decision with important new analyses affecting use of copyrighted materials on the Internet.
United States
23 Feb 2006
California Court Enforces Liquidated Damages in Standardized Form Contracts for Consumer Services
On January 20, 2006, a California Court of Appeal found enforceable the liquidated damages provisions for late fees in standardized form contracts for consumer services.
United States
13 Feb 2006
Circuit Court Decisions Weaken, Strengthen Hand of Software Owners Using Technological Protection Measures
Within one late summer week, two federal courts of appeals rendered decisions that will have a significant effect on the rights of copyright holders.
United States
19 Sep 2005
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