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General Law

Kylie v. Kylie

kylie v kylie

By Anthony Hazard - Cal Western School of Law Class of 2016 KYLIE. In the beginning there was one. For over two decades, Kylie Minogue claimed the name, rising to fame as an international pop star. Beginning in 1987, the Australian singer has built her brand, transitioning into a "fashion icon, designer, entrepreneur, actress and philanthropist." For the past ten years Minogue has held the registered trademark for "Kylie Minogue," "Kylie Minogue Darling," "Lucky-The Kylie Minogue Musical," and "Kylie" in the class for entertainment/music recordings. However, Minogue's reign as the the worlds most famous Kylie is under siege by the youngest...

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Daily Fantasy Football Under Assault by State Governments

fantasy football

By Michael Licari In a move that should surprise no one, state governments in New York and Nevada have classified Daily Fantasy Sports sites such as FanDuel and DraftKings as illegal gambling. The billion-dollar daily industry has grown substantially over the last several years, but it wasn't until FanDuel decided to run commercials non-stop which declared, albeit nonsensically that FanDuel was giving away a billion dollars this football season. Enter the government. New Yorl's Attorney General, Eric Schneiderman in an obvious power grab with an eye on furthering his political career, deemed Daily Fantasy Sports gambling that is preying on the weak...

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Unfair Wages for Minor League Baseball Players

minor league baseball

By: Chelsey Guay - DELT Law Clerk - Thomas Jefferson School of Law Class of 2014 Three former minor league baseball players are suing Major League Baseball (MLB), MLB Commissioner Bud Selig, and each of their former teams (San Francisco Giants, Kansas City Royals, and Miami Marlins) in U.S. District Court for the Northern District of California for violations of wage and overtime laws. The three hope to expand their suit to a class action lawsuit on behalf of many other minor league players. The data seems to back up their claim. While the minimum salary in MLB is $500,000, most minor...

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Special Needs Trusts: Protecting Your Loved One’s Financial Future

family trust

Special needs trusts are important tools to protect the assets of a disabled child, spouse, relative or friend. In most cases, parents establish a special needs trust to protect their disabled child in the future when they are gone. Many older couples also set up special needs trusts for their elderly surviving spouse. These types of trusts are known as third party special needs trusts because they are funded with assets belonging to a person other than the beneficiary (the disabled person). Special needs trusts are used as an important instrument to retain a disabled person's eligibility for government benefits for...

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Happy New Year! How 2014 Will Be Different for Californians

2014

Happy New Year! How 2014 Will be Different for Californians A new year means new changes. Californians will witness more than 800 new laws take effect in 2014. Many of these laws took effect on January 1st, while others will take effect in July. As of first of year: Under the Domestic Workers Bill of Rights, housekeepers, nannies and caregivers must be paid overtime for working more than 9 hours a day or 45 hours in a week. Employers are prohibited from punishing or retaliating against workers on the basis of their immigration status. Qualified lawyers can be admitted to practice law regardless...

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2013 Law Requires Employers to Create Written Commission Agreements

contract

By: Matthew Lloyd On January 1, 2013 Labor Code Section 2751 became effective California Law, requiring employers to reduce commission agreements to a writing in order to protect employees from fraud and abuse, and protect employers from unnecessary litigation. Section 2751 applies to all employers who have employees who are in California who receive a commission even if the commission represents only a portion of the employee's compensation. THE LAW Section 2751(a) states: "Whenever an employer enters into a contract of employment with an employee for services to be rendered within this state and the contemplated method of payment of the employee involves commissions,...

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The Enhanced Dental Care for Veterans Act

dental

By Monica Maxwell - Paralegal The Enhanced Dental Care for Veterans Act of 2013 was introduced to congress on October 28, 2013. If passed, it could have a positive impact on veterans who do not have access to dental care. Including veterans like Jim Wolf. The video of Jim Wolf's physical transformation was posted on YouTube November 6th, and within 2 weeks it had over 15,000,000 views. Many have called the transformation a stunning example of the power that physical appearance has on a person's self esteem and worth. But there was one thing the makeover team could not transform. Jim Wolf's...

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Tracy Lane Foundation (TLF)

TLF

On August 11th, 2013 Tracy Lane lost her life to cervical cancer and she would have turned only 32 on November 12th. Her husband and my good friend, Derek Lane, created the Tracy Lane Foundation in his wife's name to raise cervical cancer awareness and to promote HPV vaccination among young children and adults. November 12th will serve as TLF day going forward and everyone is encouraged to wear teal to support Derek and the Foundation's noble cause. Derek eloquently explained recently, "If you have the chance to wear teal, go dancing or offer a toast on her Birthday, please...

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The Form Contract – The Dangers of Its One-Sided Provisions

contract

By Anna Savino - Post Bar Clerk Form contracts are used in a majority of business transactions today. Unfortunately, many business owners and consumers who sign form contracts do not read the terms before signing the form contract or even sign the form with a misconception of what the terms actually propose. These form contracts are also known as contracts of adhesion. An adhesion contract is a standardized contract, which is imposed and drafted by a party with superior bargaining power and offers the contract on a "take it or leave it" basis. Most form contracts have been carefully drafted so that...

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Johnny Football and the NCAA

ncaa

Armen Shakoorian -Delt Law Clerk - Cal Western Class of 2014 Devising a system for student athletes to participate in collegiate sports while preserving a healthy pedagogical atmosphere has been a difficult balancing act for the National Collegiate Athletic Association (NCAA). Specifically, the distinction between an unpaid amateur sportsman and a paid professional player has raised criticisms against the NCAA's multibillion dollar venture. Today, one college athlete is making headlines in his attempts to skirt around the NCAA's distinction through the use of clever legal avenues. That person is twenty year old Jonathan Paul Manziel, a sophomore business student at Texas A&M....

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