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Special Report on

California Unfair Competition Law

california unfair competition law special research report Photo by www.southerncaliforniaemploymentlawreport.com
Plaintiffs' lawyers in California may have a secret weapon to use against the drug and medical device industry. Like all states, California has a consumer protection law that prohibits unfair competition and deceptive trade practices. However, California's law is unique in that it is unusually broad in scope and permits just about anyone to bring a claim against a company for being treated unfairly. "Unfair" can be essentially whatever a plaintiff says it is, and plaintiffs' lawyers have the added incentive of being awarded attorneys' fees. California's Unfair Competition Law (UCL), codified at ...
a third-party platform, collected user information from Facebook and displayed it on their own website. Facebook claimed violations of the CAN-SPAM Act , the Computer Fraud and Abuse Act ("CFAA") , and California Penal Code § 502 . According to Facebook, Power.com made copies of Facebook’s website during the process of extracting user information. Facebook argued that this process causes both direct and indirect copyright infringement . In addition, Facebook alleged this process constitutes a violation of the Digital Millennium Copyright Act ("DMCA"). Finally, Facebook also asserted claims of both state and ...
REVIEWS AND OPINIONS
AALRR Labor & Employment Law Blog: California Supreme Court Grants ...
") holding that employment agreements shortening to six months the deadline for employees to bring claims arising out of their employment violate public policy and are therefore unenforceable. The court held also that the staffing agency's account executives did not qualify as exempt administrative employees. The plaintiff employees were employed by RHI as account executives. Their duties involved recruiting candidates to be placed as temporary employees, placing candidates with RHI clients, and new business development. The account executives filed suit against RHI alleging RHI violated wage and hour laws ... market research, surveys and trends
FDA Law Blog: Pennsylvania District Court Decision Signals a New ...
the Court ruled, by a 6-3 vote, in the context of a  brand name drug, that FDA labeling approval does not preempt state laws.  Since that decision, myriad courts have taken up the issue of preemption doctrine as it applies to generic drugs (generally ruling against preemption), and the U.S. Supreme Court recently invited the Solicitor General to express the views of the United States on the topic (see our previous post here ).  In re Budeprion XL Marketing & Sales Litigation is a putative nationwide class action brought under California state consumer protection laws ( i.e. , California’s Unfair Competition Law ... market research, surveys and trends

SURVEY RESULTS FOR
CALIFORNIA UNFAIR COMPETITION LAW

The McMillan Law Firm, APC - We Are a Results Oriented Law Firm
for our clients through the relentless advocacy of their rights.  We represent clients in a variety of cases, including Business Litigation , Employment Law , Boundary Disputes , and Real Estate Law . The cases that we have undertaken have ranged in complexity from basic employment law disputes involving the failure to pay minimum wage and overtime, business litigation cases involving convoluted issues of fraud and contract breach, and highly technical litigation involving antitrust claims.  However, unlike many of those in the legal profession that offer to represent clients in such disputes, our attorneys have ... industry trends, business articles and survey research
Unfair competition: big business succeeds in gutting California's ...
CALIFORNIA'S UNFAIR COMPETITION LAW was the strongest consumer protection law of its kind in the United States when Proposition 64 drastically scaled it back this past November. The initiative, which passed by a 59-to-41 percent margin, eliminated the ability of any Californian to use the Unfair Competition Law to prevent unfair, deceptive or illegal acts by a business. The law now requires an individual to have personally lost "money or property" in order to bring a company to court and stop an unfair practice. Proposition 64 also did away with suits to prevent any harm that is not measured in dollars, ... industry trends, business articles and survey research
RELATED NEWS
BAKER v. ARKANSAS BLUE CROSS AND BLUE SHIELD
ARKANSAS BLUE CROSS AND BLUE SHIELD, BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., BLUE CROSS AND BLUE SHIELD OF MASSACHUSETTS, INC., BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA, HEALTHCARE SERVICES CORPORATION, B.P. INFORMATICS LLC, MICHAEL BROWN, PETER GOLDBACH, MICHAEL NEWMAN, BRETT PAINCHAUD, LAURA TUMPERI, AND CHRISTOPHER WOODFIN, Defendants. B.P. INFORMATICS LLC, Counterclaimant, v. GEOFFREY BAKER and ELIZABETH MULLEN, Counterdefendants. Case No. CV 08-3974 SBA. United States District Court, N.D. California, Oakland Division. June 21, 2010. SAUNDRA BROWN ARMSTRONG, District Judge. Plaintiffs Geoffrey Baker and Elizabeth ... market trends, news research and surveys resources
RUIZ v. GAP, INC.
Joel Ruiz appeals the district court's grant of summary judgment in favor of Gap, Inc. and Vangent, Inc. in Ruiz's diversity putative class action lawsuit, seeking damages and injunctive relief based on the theft of a laptop computer that contained Ruiz's social security number. We affirm. Because the parties are familiar with the facts and procedural history, we need not recount it here. The district court correctly held that Ruiz has standing to pursue his claims. To satisfy the standing requirement of Article III of the Constitution, there must be the "irreducible constitutional minimum" of an ... market trends, news research and surveys resources

INFORMATION RESOURCES

AN OVERVIEW OF CALIFORNIA'S UNFAIR COMPETITION LAW
STROOCK. FINANCIAL SERVICES LITIGATION. PRACTICE GROUP. AN OVERVIEW OF CALIFORNIA'S. UNFAIR COMPETITION LAW. JULIA B. STRICKLAND. LISA M. SIMONETTI ... technology research, surveys study and trend statistics
17200 et seq - Official California Legislative Information
17200. As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code. 17201. As used in this chapter, the term person shall mean and include natural persons, corporations, firms, partnerships, joint stock companies, associations and other organizations of persons. 17201.5. As used in this chapter: (a) "Board within the Department of Consumer Affairs" includes ... technology research, surveys study and trend statistics
PATENTLY UNFAIR: STATE UNFAIR COMPETITION LAWS AND PATENT ...
court in Hunter Douglas did not find claims of unfair competition under. California law to "arise under" the federal patent laws, and thus state ...
REAL TIME
CALIFORNIA UNFAIR COMPETITION LAW
  1. profile image FastWomen Unlawful Acts Under the California Unfair Competition Law - http://bit.ly/9iu1b4
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QUESTIONS AND ANSWERS
CA Sales Tax Law & Affiliates
�This legislation will close the current loophole in California tax law which has allowed out-of-state companies to avoid collecting California sales and use tax,� said Assemblymember Nancy Skinner (D � Berkeley). �During this unprecedented fiscal crisis we cannot afford to lose sales tax revenue from out-of-state companies when our own local businesses are struggling to keep their doors open.� So apparently Nancy Skinner doesn't realize that there will be a backlash against California affiliates just like there was against New York, and she'll be costing her constituents that earn affiliate income their livelihood. ...
What interests do non-compete agreements protect that are not ...
Well, I am really not qualified to answer this, but I will give it a shot anyway. I know people who've signed them, some personally, some not. In those cases, the protection was territory of clients and prospective clients and/or viewers/listening audiences. Individuals develop and establish relationships and a non compete protects the company from the relationship following the person rather than the organization. For example, as a client or customer, if I prefer working with Jane Doe as to Joe Schmoe, I may want to follow Jane Doe to her new company. This is my choice and not a violation of any specific law. However, ...