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Saturday, June 24, 2017


Above the Fray
When Thomas S. Kennedy joined Atlassian Inc. in 2011 as the company’s first general counsel, he immediately took to the founders’ core value: “Open company, no bulls---.”

Small Businesses

If you own a business, you are likely aware that the state’s minimum wage was increased to $10 per hour in January.


Phoenix Chief Presiding Hearing Officer Rosemarie Gavin has followed her law career wherever it has taken her - even to law librarian school - and she believes she’s far better off for being flexible.
FTC attempting to block fantasy sports merger
The Federal Trade Commission is attempting to block a merger between FanDuel Inc. and DraftKings Inc., two of the largest fantasy sports sites worldwide.
Dear employees: FMLA leave is not a magical shield
There’s much to admire about the Family Medical Leave Act. Enacted in 1993, FMLA provides job security to employees who need time off due to serious illness or to care for a family member.
Meal kit startup Sun Basket adds GC in executive hiring spree
San Francisco-based meal kit delivery startup Sun Basket Inc. has announced Isobel A. Jones will join the company as general counsel.
Jones was one of three appointees last week as the company begins to ramp up its executive suite, anticipating growth.
Holder tells Sessions state sanctuary law is OK
Former U.S. Attorney General Eric H. Holder Jr. wrote a letter to current U.S. Attorney General Jeff Sessions on Monday in support of California legislation that would restrict the use of state and local resources for federal immigration enforcement purposes.
CLE calendar
State and Valley Continuing Legal Education events.
IRS insights and a warning from the state AG
In May, the IRS confirmed its continued suspicion of the development and distribution of open source software as a charitable or educational activity within the meaning of Section 501(c)(3) in a final denial of an application for exemption by an organization engaging in such activities.
9th Circuit blocks travel ban, again
The per curiam decision by Judges Michael Daly Hawkins, Ronald M. Gould and Richard A. Paez noted that while the Immigration and Nationality Act gives the president broad powers, “immigration, even for the president, is not a one person show.” State of Hawaii v. Trump, 2017 DJDAR 5555.


How Medicare works with other insurance
Since I wash dishes faster than anyone, I’m the family dishwashing expert. I’m also the point man for paying medical bills. My wife and I have separate health coverage, so I have to make sure our providers have the up-to-date information they need to accurately bill our respective insurance plans.
Courts diverge on commercial speech
The 9th U.S. Circuit Court of Appeals, however, seems to be moving in the opposite direction. A case in point is its April decision in CTIA - The Wireless Assoc. v. City of Berkeley, in which a divided three-judge panel significantly cut back on the right of businesses to resist being compelled to utter speech they find objectionable. Applying a highly deferential standard of review to compelled speech that is not provably false, the CTIA decision upheld a Berkeley ordinance that requires cellphone retailers to post ominous health warnings regarding the alleged dangers of placing phones too close to one’s body.
When law firms look and sound alike
Law firm partners and strategy consultants constantly ask, “why did you choose firm A?” Or, “would you choose firm B because they are (as they themselves say on their own websites) a pre-eminent private equity, technology or life sciences firm?”
Ruling reins in ability to decide out-of-state disputes
In deciding first of two significant personal jurisdiction cases argued back to back in April, the U.S. Supreme Court has turned back a state court’s aggressive effort to decide out-of-state disputes despite the limits on general jurisdiction articulated a few years ago in Daimler AG v. Bauman.
Courts appear happy together on sound recordings
As technology evolves faster than copyright law, the federal Copyright Act did not originally protect sound recordings.