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Martinelli pide otra audiencia de afectación de derechos, a pocos días del nuevo juicio

Martinelli pide otra audiencia de afectación de derechos, a pocos días del nuevo juicio
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Court of Appeals Cites Rule of Reason Standard for Evaluation of Non-compete Restrictions in Commercial Agreements | Orrick - Trade Secrets Group

Last year, the California Supreme Court held in Ixchel Pharma, LLC v. Biogen, Inc., that restraints in contracts between businesses should be evaluated using the same “rule of reason” standard that courts use to analyze antitrust violations under the Cartwright Act. Our previous article analyzing the Ixchel decision can be found here.   Recently, in Ixchel to overturn a decision of the San Diego Superior Court (the “Superior Court”). Procedural History The case arises from a dispute over an exclusivity provision contained in a business agreement (the “Agreement”) entered into between two biotechnology companies, Quidel Corporation (“Quidel”) and Beckman Coulter, Inc. (“Beckman”).[1] Under the terms of the Agreement, Beckman became the exclusive developer of a B-type natriuretic peptide (BNP) assay for Quidel. Quidel would use these assays in a specially designed analyzer to help diagnose congestive heart failure. Section 5.2.3 of the Agreement prohibite

California Financial Advisors Lacking Fixed And Predetermined Salary Not Subject To Administrative Salaried Exemption | Fisher Phillips

To embed, copy and paste the code into your website or blog: In California, all employees are presumed to be entitled to overtime, meal periods, and other wage-and-hour regulations unless an employer can prove that its employees “plainly and unmistakably” fall within the terms of an exemption. A recent appellate case addressed for the first time whether a compensation plan based solely on commissions, with a recoverable draw against future commissions, qualifies as a “salary” for purposes of the administrative exemption. The appellate court, reviewing the pay system in question, reversed a trial court decision on November 9 and concluded that it did not. What do California employers need to know about the

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