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Update: Four California Courts Rule that Proposition 64 is Retroactive
Courts in California have issued contradictory rulings in the past 2 months about whether a reform of the state's Unfair Competition Act, California Business & Professions Code Sections 17200, et seq. (the “UCA”) is retroactive. Section 17200 was changed when California voters passed Proposition 64 in the Nov. 2004 election. Proposition 64 amends the UCA to delete the broad standing rules and to add a requirement that suit may be brought by a private plaintiff (as opposed to a suit brought by a County Attorney or Attorney General) only if the plaintiff has suffered “injury in fact” and has lost money or property as a result of the unfair competition. These reforms will likely reduce the incidence of Section 17200 litigation ' a development that is strongly supported by businesses across the state.
In the first decision, referenced in a “News Brief” in the March 2005 issue of FBLA, the court held that Proposition 64 did not apply to cases that were pending at the time of the election, Californians for Disability Rights v. Mervyn's, LLC, 2005 Cal.App.Lexis 160 (1st App. Dist., Feb. 1, 2005). The Mervyn's court relied on the general rule that “a new statute is presumed to operate prospectively absent an express declaration of retrospectivity or a clear indication that the electorate, or the Legislature, intended otherwise.” After determining that the voters had not voted on nor intended that the Proposition be applied retroactively, the court applied the general rule and held that a prospective application was appropriate.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."