Jaburg Wilk

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  • Stretching Copyright Law Too Far: A Sequence of Yoga Poses Are Not Copyrightable

    Stretching Copyright Law Too Far: A Sequence of Yoga Poses Are Not Copyrightable

    A recent case decided by the Ninth Circuit Court of Appeals, which is the federal appellate court for Arizona and California, has made a predictable determination that a sequence of yoga moves cannot be protected as intellectual property.   

    Earlier this month, the Ninth Circuit ruled that a series of yoga poses and breathing exercises are not entitled to copyright protection. The case, Bikram … Read More

    Categories: Intellectual Property, Article

  • Are You Really Divorced? Lamar Odom’s Life Placed in Khloe Kardashian’s Hands

    Are You Really Divorced? Lamar Odom’s Life Placed in Khloe Kardashian’s Hands

    By Jason Castle

    Lamar Odom, an NBA basketball star was recently discovered in a Nevada brothel unconscious and in critical condition. He was rushed to the hospital whereby a number of drugs were discovered in his system and he was being held in ICU. Lamar was married to Khloe Kardashian, but thought he was divorced in July, which was not accurate and why it mattered.

    For background purposes, Khloe filed for … Read More

    Categories: Family Law, Article

  • Expert Witnesses: Who Needs ’Em?

    Expert Witnesses: Who Needs ’Em?

    By Matt Anderson, Esq.

    Clients often ask whether retaining an expert witness is necessary in their case.  And they are wise to ask, because experts are a critical part of many cases, but not all. As attorneys, we often retain an expert "because we can" or "because that's how we always litigate this type of case."  But often we fail to ask ourselves the only question that matters: will … Read More

    Categories: Litigation, Article

  • The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

    The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

    By David N. Farren

    Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that expressly disavow the existence of any contract of employment or any intent to alter, amend or modify the parties' at-will employment relationship. Handbooks are also typically … Read More

    Categories: Employment, Article

  • The Defaulting Seller and a Notice of Lis Pendens

    The Defaulting Seller and a Notice of Lis Pendens

    By David Allen

    After months of searching, you have finally found the house of your dreams, and much to your delight the Seller has accepted your offer of $500,000. You deposit your $15,000 "earnest money" with the escrow company, and an escrow is opened. As part of your "due diligence" you spend $1,000 on inspections, and in anticipation of moving, you pay a moving company a $1,500 non-refundable deposit. The … Read More

    Categories: Real Estate, Article

  • What is a Qualified Domestic Relation Order (“QDRO”) and why does it matter in my divorce case?

    What is a Qualified Domestic Relation Order (“QDRO”) and why does it matter in my divorce case?

    By: Mervyn T. Braude

    As with all community property, retirement assets are subject to equitable division upon dissolution. Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided.

    There are three primary forms of retirement assets – IRA (Individual Retirement Account), 401(k) and, pension assets. While the first of these assets can be divided … Read More

    Categories: Family Law, Article

  • Significant Changes to AAA's Construction Arbitration Rules Effective July 1, 2015

    Significant Changes to AAA's Construction Arbitration Rules Effective July 1, 2015

    Mark D. Bogard

    The American Arbitration Association (AAA) recently issued several significant revisions to its Construction Industry Arbitration Rules, which became effective July 1, 2015. The revised rules apply to construction arbitration cases initiated on or after July 1, 2015. For contracts entered prior to July 1, 2015, most of the revised Rules apply retroactively if the contract contains an arbitration … Read More

    Categories: Construction, Article

  • Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

    Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

    By David Farren

    When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant's job qualifications consistent with a business necessity for asking the question.  A bad question seeks personal information that is irrelevant to the applicant's job qualifications and lacks … Read More

    Categories: Employment, Article

  • Impact of Young V. UPS and Steps for Employers

    Impact of Young V. UPS and Steps for Employers

    By Gary J. Jaburg 

    Since 1978, pregnancy and pregnancy related health conditions have been protected conditions under the Pregnancy Discrimination Act ("PDA").  A recent Supreme Court case, Young v. UPS may increase the ability of pregnant workers to sue their employer for failure to accommodate or disparate accommodation.  Young claimed she had been a victim of both gender and … Read More

    Categories: Employment, Article

  • Parenting Post-Divorce

    Parenting Post-Divorce

    By Mervyn Braude

    It is frequently a challenge to co-parent after the conclusion of a divorce proceeding.  After all, divorcing parents have often just concluded divorce litigation – replete with allegations of wrong doing – and frequently with difficult financial arguments. 

    The focus of this article is the children.  While frustration, anger, and hurt feelings are often the … Read More

    Categories: Family Law, Article