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California Supreme Court Articulates the Mixed Motive Defense for Employers

July 26, 2013

In the recent case of Harris v. City of Santa Monica, 56 Cal.4th 203 (2013), the California Supreme Court clarified the “mixed motive defense” that employers frequently use in litigation. The mixed motive defense generally applies where, although the plaintiff has shown an employer’s intentional discrimination, the employer has also proved it would have made […]

Who qualifies as a supervisor in cases where an employee sues for workplace harassment?

June 27, 2013

How the Supreme Court’s Latest Decision Affects Employers and Employees For companies that employ 15 or more employees beware: Title VII of the 1964 Civil Rights Act gives employees the right to sue if they suffer workplace discrimination based on race, color, religion, sex, national origin, or gender identity. This past week, the U.S. Supreme […]

Court Holds Homeowners Association May Exclude A Member’s Representative From Board Meetings

June 25, 2013

A new opinion published on June 20, 2013, holds that a homeowners association may exclude an owner’s representative from a board meeting because the representative was not “member” as defined by the association’s governing documents. In SB Liberty, LLC v. Isle Verde Association, Inc., the homeowner formed a limited liability company (“SB Liberty”) to hold […]

Ninth Circuit Decides A Copyright Troll Has No Standing to Sue

June 25, 2013
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“Trolls,” or intellectual property assertion entities, refer to business entities that purchase I.P. portfolios and file infringement lawsuits. Many are familiar with this concept in the patent context, but few recognize there are also assertion entities that purchase copyright assignments. In a recent Ninth Circuit case, Righthaven LLC v. Hoehn, 2013 WL 1908876, the panel […]

Beware: Independent Contractors May Not Be So Independent

April 24, 2013

HOA’s Maybe Liable For The Acts of an Independent Contractor Conventional wisdom has often assumed that when an HOA hires and independent contractor that the HOA will not be liable if the contractor is negligent and harms someone. After all, the contractor is “independent” and why should the HOA be liable when the contractor, over […]

Thou Shall Not E-Mail!

April 24, 2013

For better or worse, E-Mail has changed how common interest developments are governed. It has enabled more volunteer Board members to actively participate in the day to day operation of their common interest developments. Through the use of E-mail, Board members instantly can be apprised by their managing agents as to the status of construction, […]

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