All Blog postsThe Ninth Circuit recently issued two important opinions favorable to employers – one clarifying the manner in which an employer must provide a Fair Credit Reporting Act (FCRA) disclosure, and another opening the door for the use of “after-acquired evidence” to bar liability in employment cases involving the Americans with Disabilities Act (ADA).
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Ninth Circuit Rules in Favor of Employers in FCRA and ADA Cases Posted on: May 05, 2020 In: Labor & Employment
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The Dominos Have Started to Fall After Landmark “Stairway to Heaven” Copyright Ruling Posted on: March 20, 2020 In: Intellectual Property & TechnologyOne of the biggest rulings in music copyright law was recently issued by an en banc panel of the Ninth Circuit Court of Appeals and its impact has already been felt in another high-profile case. The decision in Skidmore v. Led Zeppelin (Ninth Circuit No. 16-56057, Issued March 9, 2020) marked what will certainly be seen by copyright scholars as a watershed moment.
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Ninth Circuit Holds Prior Salary Alone or in Combination with Other Factors Cannot Justify Gender Pay Gaps Under The Equal Pay Act Posted on: March 11, 2020 In: Labor & EmploymentOn February 27, 2020, the Ninth Circuit in Rizo v. Yovino held that an employer cannot rely on an individual’s prior salary alone or in combination with other job-related factors to justify a wage disparity between a male and female employee when defending against an Equal Pay Act (EPA) claim. The EPA prohibits employers from paying male and female employees differently for the same work, with a few exceptions, including when a pay difference is based on a “factor other than sex.”
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‘Not for Eternity’ – Implications From The Supreme Court Reversal of a Deceased Judge’s Ruling Posted on: March 28, 2019 In: Labor & EmploymentThe law is an ever-evolving and unpredictable thing. As are the courts and their judges – whether dead or alive. The conservative majority on the U.S. Supreme Court typically has no difficulty finding reasons to vacate or reverse a decision from the notoriously liberal Ninth Circuit Court of Appeals.
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‘Full Moon’ Costs Denied by Supreme Court in Oracle Copyright Case Posted on: March 14, 2019 In: Intellectual Property & TechnologyOn March 4, 2019, the Supreme Court issued a unanimous decision overturning the Ninth Circuit Court's award of $12.8 million in costs in the copyright infringement matter Rimini Street, Inc. et al v. Oracle USA, Inc. et al. Newly confirmed Justice Kavanaugh penned the opinion for the Court, holding that the Ninth Circuit's expanded view of "full costs" set forth in 28 U.S.C. §§ 1920 and 1821 was improper, going beyond the "costs" typically available to copyright litigants
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“Blurred Lines” Final Judgment May Signal Paradigm Shift for Entertainment Copyright Law Posted on: December 19, 2018 In: Intellectual Property & TechnologyIn March 2018, the Ninth Circuit Court of Appeals rendered a landmark decision in the copyright infringement litigation surrounding Pharrell Williams and Robin Thicke’s song, “Blurred Lines.” The appellate court upheld a 2015 jury verdict finding that ”Blurred Lines” infringed Marvin Gaye’s copyright to the 1977 hit “Got to Give it Up” because the two songs were too similar.
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