U.S. Supreme Court Invalidates Company Patents on Business Methods July 18, 2014 PDF

July 18, 2014

U.S. Supreme Court invalidates company’s business method patents for being too abstract to qualify as patent-eligible subject matter.

Second Circuit Affirms that University Project for Digitization of Library Holdings is Permitted Under Copyright Law June 17, 2014 PDF

June 17, 2014

The Second Circuit affirms that university’s digitization of library holdings is permissible under copyright law and that its goals of increasing access to print-disabled patrons and ease of full-text searches are a “fair use” of copyrighted materials.

U.S. Supreme Court Rulings May Discourage Abusive Patent Suits May 22, 2014 PDF

May 22, 2014

U.S. Supreme Court rulings may discourage abusive patent suits by making it easier for prevailing parties to recover attorneys’ fees from losing parties.

U.S. Supreme Court Upholds Michigan’s Affirmative Action Ban May 16, 2014 PDF

May 16, 2014

Supreme Court decision opens the door for more state affirmative action bans. The University’s experience under Proposition 209 will be central to the national debate about these measures.

Academic Workers’ Speech & First Amendment Protection March 3, 2014 PDF

March 3, 2014

The Ninth Circuit recently held that academic employees’ speech, pursuant to their official duties, may be protected by the first amendment.

SB 400: Expanded Employment Protection for Domestic Violence, Sexual Assault, and Stalking Victims February 26, 2014 PDF

February 26, 2014

Effective January 1, 2014, the California legislature amended Labor Code sections 230 and 230.1 to extend existing prohibitions against discrimination toward employee victims of domestic violence or sexual assault to victims of stalking, as defined under California law. The amendments also require employers to provide reasonable accommodations to such victims.

Obstacle to Patent Challenges by Licensees Removed February 3, 2014 PDF

February 3, 2014

The U.S. Supreme Court, in Medtronic v. Mirowski, held that when a licensee sues a patent owner in a “declaratory judgment” action, the patent owner has the burden of proving infringement by the licensee.

Recent Cases Regarding Public Records Act Issues August 5, 2013 PDF

August 5, 2013

Two recent rulings address significant issues related to the California Public Records Act (PRA). One court upheld the University’s ability to protect researcher communications and scholarly research data. Another court concluded that the City of San Jose was required to disclose city-related communications even though they were sent on employees’ private devices.

Recent Supreme Court Cases on Employment July 8, 2013 PDF

July 8, 2013

Two recent U.S. Supreme Court cases defined “supervisor” for purposes of discriminatory harassment claims and adopted the “but for” causation standard for retaliation claims. The rulings will have limited effect in California because they apply to federal claims under Title VII but not claims brought under California’s Fair Employment and Housing Act (FEHA).

Fisher v. University of Texas June 27, 2013 PDF

June 27, 2013

U.S. Supreme Court leaves intact its prior holdings regarding race- conscious admissions programs and defers ruling specifically on UT’s program.

Association for Molecular Pathology v. Myriad Genetics, Inc. June 17, 2013 PDF

June 17, 2013

U.S. Supreme Court holds that unmodified genes cannot be patented, but modified genes can be.

Bowman v. Monsanto May 16, 2013 PDF

May 16, 2013

U.S. Supreme Court affirms the right of a patent owner to control self-replicating plant seed inventions.

Michigan's Affirmative Action Ban December 12, 2012 PDF

December 12, 2012

A recent U.S. Court of Appeals decision holding Michigan’s anti-affirmative action law unconstitutional may lead the U.S. Supreme Court to review the constitutionality of California’s Proposition 209.

Unpublished Research Materials September 26, 2012 PDF

September 26, 2012

A recent federal case creates significant uncertainty for University researchers who wish to protect their unpublished research materials.

eReserves August 24, 2012 PDF

August 24, 2012

Recent legal developments recommend a comprehensive and thoughtful approach to eReserves.

Brinker Decision June 12, 2012 PDF

June 12, 2012

The California Supreme Court's highly publicized Brinker decision clarifies meal and rest break requirements for private sector employers but has little effect on the University.

Medical Diagnostic Methods March 21, 2012 PDF

March 21, 2012

U.S. Supreme Court holds that medical diagnostic methods must have an inventive feature to qualify as patent-eligible subject matter.

Credit Information for Employment Purposes March 20, 2012 PDF

March 20, 2012

New California laws limit the use of credit related information for employment purposes and affect the type of notice employers are required to give applicants and employees prior to obtaining a consumer credit report about them.

Redevelopment Agencies February 27, 2012 PDF

February 27, 2012

The California Supreme Court upholds legislation abolishing redevelopment agencies and strikes down the legislative attempt to save them.

Leahy-Smith America Invents Act SEPTEMBER 9, 2011 PDF

SEPTEMBER 9, 2011

Congress passes patent reform legislation to promote innovation.

Nondiscrimination AUGUST 25, 2011 PDF

AUGUST 25, 2011

The U.S. Supreme Court held that a nondiscrimination policy requiring registered student organizations to allow any interested students to participate is constitutional. The Ninth Circuit has now held that a more specific prohibition (e.g., a prohibition of discrimination specifically based on religion but not political beliefs) may also be constitutional.

Ruling in Sex Discrimination Case JULY 6, 2011 PDF

JULY 6, 2011

Supreme Court ruling in closely-watched sex discrimination case is likely to deter large class actions.

Inventions JUNE 10, 2011 PDF

JUNE 10, 2011

U.S. Supreme Court affirms that a company's contract with a university inventor regarding future inventions trumps the rights of the university employer in federally-funded inventions.

Protected Speech APRIL 19, 2011 PDF

APRIL 19, 2011

On March 2, 2011, the Supreme Court issued a decision in Snyder v. Phelps in which it reaffirmed that speech on issues of public concern is constitutionally protected.

Nonresident Tuition MARCH 8, 2011 PDF

MARCH 8, 2011

Plaintiffs in Martinez v. Regents of the University of California are petitioning the U.S. Supreme Court to review the California Supreme Court's affirmation that nonresidents may pay in-state tuition at public colleges and universities.

Layoffs FEBRUARY 8, 2011 PDF

FEBRUARY 8, 2011

The California Supreme Court affirmed that public employers have the right to decide to lay off employees for budgetary reasons without bargaining that decision with their unions. The effects of a layoff remain subject to bargaining.

Exchange with Cuba JANUARY 21, 2011 PDF

JANUARY 21, 2011

White House directs changes to regulations and policies to promote educational exchange between accredited colleges and universities and Cuba.

Proposition 26 and Fees DECEMBER 17, 2010 PDF

DECEMBER 17, 2010

Fees assessed by the Regents of the University of California are unaffected by the supermajority vote requirement imposed under Proposition 26 approved by voters in November 2010.

Non-exclusion in Student Organizations JUNE 29, 2010 PDF

JUNE 29, 2010

The U.S. Supreme Court has upheld a Hastings College of the Law policy that prohibits registered student organizations from excluding students from membership or leadership positions on the basis of their status or beliefs.

Contractual Indemnification JUNE 23, 2010 PDF

JUNE 23, 2010

A recent court ruling reaffirms that contractual indemnification is an essential tool to minimize financial risk in business transactions.

Reimbursement Reporting MAY 13, 2010 PDF

MAY 13, 2010

The FPPC requires designated officials to report all reimbursements for speeches, panels and seminars from non-governmental third parties regardless of location.

CEQA OCTOBER 28, 2009 PDF

OCTOBER 28, 2009

The California Environmental Quality Act (CEQA) applies any time the University approves a project that could have an adverse effect on the environment.

E-Discovery Act SEPTEMBER 24, 2009 PDF

SEPTEMBER 24, 2009

California's E-Discovery Act requires the University to preserve relevant electronically stored information (ESI) in state court litigation.

CCARD Act AUGUST 17, 2009 PDF

AUGUST 17, 2009

Credit Card Accountability Responsibility and Disclosure Act of 2009 increases safeguards and transparency for young consumers.

Disparate Impact Standard JULY 10, 2009 PDF

JULY 10, 2009

U.S. Supreme Court requires "Strong Basis in Evidence" standard for showing disparate impact in employee selection tests.

State Contract Funding Suspension JUNE 26, 2009 PDF

JUNE 26, 2009

Executive order suspends funding for specific state contracts entered into, on or after March 1, 2009.