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California Employment Law Update

Court Affirms Dismissal Of Trade Secrets Claim Brought Against Apple

By Tony Oncidi

December 2, 2020

Hooked Media Group, Inc. v. Apple Inc., 55 Cal. App. 5th 323 (2020) Hooked Media, a startup company that Apple expressed interest in acquiring, sued Apple after Apple passed on the deal but three of Hooked’s most important employees (including two engineers and the Chief Technical Officer) left to work for Apple. Hooked sued for fraud, misappropriation of trade secrets, interference with contract and related claims. The trial court granted summary judgment to Apple, and…

California Employment Law Update

Court Affirms $4.26 Million Jury Award For “Self-Published Defamation”

By Tony Oncidi

December 2, 2020

Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020) Allstate terminated Michael Tilkey, a 30-year employee who sold life insurance, after Tilkey’s arrest in Arizona following a domestic dispute with his girlfriend; he was arrested for “criminal damage deface, possession or use of drug paraphernalia and disorderly conduct, disruptive behavior.” Domestic violence charges were attached to the criminal damage and disorderly conduct charges. Following an investigation, Allstate terminated Tilkey’s employment for “engaging…

Labor Relations Update

D.C. Circuit Remands Hotel Certification Decision and Reminds Board to Explain Its Reasoning

By Mark Theodore, Joshua Fox & Samantha Shear

December 2, 2020

On October 23, 2020, the D.C. Circuit granted Davidson Hotel Company’s petition for review of unfair labor practices resulting from its refusal to bargain with two newly-certified bargaining units, and denied the NLRB’s cross-petition for enforcement of an order to engage in collective bargaining with those units. The Circuit also remanded the underlying unit certification decision to the Board, noting that the NLRB failed to persuasively distinguish relevant precedent presented by the employer and otherwise…

Minding Your Business

To Register a “Generic.com” Term, Show that Consumers Perceive It As Not Generic

By Tiffany Woo

December 2, 2020

The U.S. Patent and Trademark Office has issued guidance on how it will treat applications to register “generic.com” terms in the wake of the Supreme Court’s June 30, 2020 decision in United States Patent and Trademark Office v. Booking.com. We previously wrote about the Supreme Court’s Booking.com decision, which affirmed the Fourth Circuit’s decision that the mark BOOKING.COM was registrable and not generic. The Supreme Court’s decision tracked the arguments in an amicus brief…

Employee Benefits & Executive Compensation Blog

Delegating Fiduciary Responsibilities Related to ESOP Results in Dismissal of ERISA Stock-Drop Claims

By Russell Hirschhorn, Paul M. Hamburger & Kyle Hansen

December 2, 2020

Among the many lawsuits Boeing confronted following the disclosure of problems with the 737 Max was a class action brought by participants in the Boeing Voluntary Investment Plan who invested in the Boeing ESOP. The plaintiffs alleged that the Boeing defendants breached their ERISA fiduciary duties by concealing problems with the 737 Max, which allegedly caused Boeing’s stock price to be artificially inflated and ultimately to decline once the problems with the 737 Max were…

Proskauer For Good

It Is Time to Address the VA’s Enormous Backlog of Claims for Disability Benefits

By Alicia Harris & Alexander Volpicello

December 1, 2020

Nearly half of the 20 million veterans in the United States use at least one government benefit or service offered by U.S. Department of Veterans Affairs (commonly known as the “VA”). Many of these veterans have developed mental and physical disabilities related to their service, and are entitled to compensation. However, despite the urgency to address the financial and medical burdens hampering our nation’s veterans, the process to obtain disability benefits is often long and…

Labor Relations Update

Handbook Civility Rules Aimed at Preventing Toxic Work Environments Found Lawful by NLRB’s Division of Advice

By Mark Theodore, Joshua Fox & Elizabeth Dailey

December 1, 2020

The NLRB’s Division of Advice recently released a long-awaited Advice Memorandum (originally issued in February 2019, Chipotle Mexican Grill, Case 28-CA-229134 (Feb. 22, 2019)) concerning the validity of two workplace rules under the Boeing standard: (1) a rule encouraging employees to “[b]e…objective” in their communications; and (2) a rule requiring employees to notify the employer of inquiries or requests for information from governmental entities. Advice concluded the rule concerning employee communications was a lawful workplace…

Proskauer on Advertising Law

Survey Evidence in Amended Complaint Does Not Add Enough Juice to Save “Natural” Claims Against Mott’s Apple Products

By Lawrence Weinstein, Anisha Shenai-Khatkhate & Eric Wertheim

December 1, 2020

Judge Beth Freeman of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging that Mott’s apple-based products were deceptively labeled “Natural” and as containing “All Natural Ingredients.” Yu v. Dr Pepper Snapple Group, No. 18-cv-06664-BLF (N.D. Cal. Oct. 6, 2020). In doing so, Judge Freeman determined that newly-added allegations about consumer surveys in the amended complaint were not enough to save plaintiff’s claims. Plaintiff…

New Media and Technology Law Blog

Supreme Court Hears Oral Argument in Its First CFAA Case

By Jeffrey Neuburger

December 1, 2020

On November 30, 2020, the Supreme Court held oral argument in its first case interpreting the “unauthorized access” provision of the Computer Fraud and Abuse Act (CFAA). The CFAA in part prohibits knowingly accessing a computer “without authorization” or “exceeding authorized access” to a computer and thereby obtaining information and causing a “loss” under the statute. The case concerns an appeal of an Eleventh Circuit decision affirming the conviction of a police officer for violating…

Law and the Workplace

Seventh Circuit Clarifies Scope of Article III Standing Under Illinois BIPA

By Edward Young, Holly Ren Morris & Steven J. Pearlman

November 30, 2020

On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that collects biometric information from its employees to develop, publicly disclose and comply with a data-retention schedule and guidelines for permanent destruction of the biometric information—can constitute an “injury in fact” sufficient to confer Article III standing. Fox v. Dakkota Integrated …

Proskauer Rose LLP

Court Affirms Dismissal Of Trade Secrets Claim Brought Against Apple

Court Affirms $4.26 Million Jury Award For “Self-Published Defamation”

D.C. Circuit Remands Hotel Certification Decision and Reminds Board to Explain Its Reasoning

To Register a “Generic.com” Term, Show that Consumers Perceive It As Not Generic

Delegating Fiduciary Responsibilities Related to ESOP Results in Dismissal of ERISA Stock-Drop Claims

It Is Time to Address the VA’s Enormous Backlog of Claims for Disability Benefits

Handbook Civility Rules Aimed at Preventing Toxic Work Environments Found Lawful by NLRB’s Division of Advice

Survey Evidence in Amended Complaint Does Not Add Enough Juice to Save “Natural” Claims Against Mott’s Apple Products

Supreme Court Hears Oral Argument in Its First CFAA Case

Seventh Circuit Clarifies Scope of Article III Standing Under Illinois BIPA

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