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Tag Archives: attorney’s fees

Fee Limits Ruled Unlawful in Florida Workers’ Comp Cases

Posted in Disability Discrimination, Discrimination, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

In a long-awaited decision, the Florida Supreme Court ruled in Marvin Castellanos v. Next Door Company, et al. that the limitations on attorneys’ fees awarded under Florida’s workers’ Compensation statute violates the due process clause of both the Florida and United States Constitutions. As a result of this holding, attorneys are no longer limited to… Continue Reading

There Can Be Two “Prevailing Parties” in a Single Wage & Hour and Equal Pay Act Lawsuit

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On October 14, 2015, the California Second District Court of Appeal held in Sharif v. Mehusa, Inc.  that both the employee and the employer can be deemed “prevailing party” for purposes of recovering attorneys’ fees under the Labor Code.  Plaintiff, Mahta Sharif, brought an action against her former employer, Mehusa, Inc., for unpaid overtime (Lab…. Continue Reading

Court of Appeal Affirms Trial Court Award of “Bad Faith” Attorney’s Fees

Posted in Trade Secrets and Competition

Readers of this blog may recall our discussion of a “bad faith” attorney’s fees award made by the trial court in the Aerotek v. The Johnson Group case.   To view a copy of our previous post, click here.  As a refresher, Aerotek sued its former employee and that former employer’s new employer claiming misappropriation… Continue Reading

Attorneys’ Fees For “Bad Faith” Trade Secret Claims: How Pre-Discovery Disclosures Can Help

Posted in Trade Secrets and Competition

A central issue in all trade secret litigation is the adequacy of a plaintiff’s pre-discovery disclosure of the alleged trade secrets required by California Code of Civil Procedure section 2019.210.  Section 2019.210 provides that a plaintiff suing for misappropriation of trade secrets must identify the alleged trade secrets with “reasonable particularity” before commencing discovery.  The disclosure requirements… Continue Reading

“Animosity” Is Not Bad Faith For Attorneys’ Fees In Trade Secret Cases

Posted in Trade Secrets and Competition

Prior blog posts have addressed the issue of when a court may award attorneys’ fees in a trade secret misappropriation case.  Under the California trade secret statute, the court may award attorneys’ fees where there has been a willful and malicious misappropriation of plaintiff’s trade secrets or when a trade secret misappropriation claim is brought… Continue Reading

Surrender is Futile – Court of Appeal Affirms “Bad Faith” Attorney’s Fees Award in Trade Secrets Case

Posted in Trade Secrets and Competition

There are good, legitimate reasons for filing a trade secret and unfair competition case.  The protection of trade secrets and proprietary information and protection against unfair conduct by competitors are just a few.   There are also business reasons for bringing such a claim, including burdening a competitor or a startup competitor with the cost of… Continue Reading