2014 Amidst the increasing public frustration over the use and leaking of private personally identifying information (“PII”) by government and private entities, California Attorney General Kamala Harris recently issued guidelines to help companies comply with the California Online Privacy Protection Act of 2003 (“CalOPPA”). Kamala Harris has been particularly active in this area of Online Privacy since she took the California Attorney General office in 2011. The recent amendment, effective January 1, 2014, is the first major activity on CalOPPA since it went into effect in 2004. Harris is also making special efforts to enforce CalOPPA, which does not itself […]

Be careful before you tweet (or even retweet) a photo implying someone endorses your company! http://lnkd.in/dVQPD5Z According to the lawsuit filed earlier this week, Katherine Heigl thinks this retweet is worth $6 million. For more information contact: Christopher E. Ng, Esq. Gibbs Giden Locher Turner Senet & Wittbrodt LLP 1880 Century Park East, 12th Floor Los Angeles, California 90067 Phone: (310) 552-3400 email: cng@gibbsgiden.com The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal […]

2013   The United States Supreme Court (Atlantic Marine Construction Co., Inc., v. J-Crew Management, Inc., 12-929) recently agreed to review an important case regarding the enforceability of forum selection clauses in business contracts. The Atlantic Marine case, which will be heard and decided in the October 2013 term, will give the Justices an opportunity to sort out the meaning of two inconsistent prior rulings on the enforceability of forum selection clauses. Forum selection clauses are a common and important part of almost every business contract. These clauses provide businesses with some level of assurance regarding the location and court in which […]

That was the issue in the recent KWV, Incorporated v. United States (May 2, 2013) case.  Last year, the Veterans Administration (“VA”) sustained a competitor’s bid protest claiming that the owner of a Rhode Island service-disabled, veteran-owned business (“SDVOSB”) did not have enough control over day-to-day management of his business because he lived in Florida for part of the year.  Arguing that he managed the day-to-day business by telephone, e-mail and other electronic means and traveled to Rhode Island when necessary to attend meetings, the veteran business owner appealed to the United States Court of Federal Claims – and prevailed.  The court found […]

LOS ANGELES, CALIFORNIA, September 19, 2011 – Fyfe Group, LLC was acquired by Insituform Technologies, Inc. (Nasdaq Global Select Market: INSU). The total purchase price was approximately $115 million. William Locher, Seth Eaton, and Jonathan Wolf of Gibbs, Giden, Locher, Turner & Senet LLP represented the seller, Fyfe Group, LLC, and provided legal services related to due diligence, negotiation of the purchase agreement, and documentation of all related aspects of the transaction. The transaction closed on August 31, 2011. Fyfe Group, based in San Diego, California, is a pioneer and industry leader in the development, manufacture and installation of fiber […]

TEN IMPORTANT CONSIDERATIONS WHEN PURCHASING A BUSINESS In the game of buying and selling businesses, information is king. In order to evaluate a potential acquisition correctly and to avoid entering into an inauspicious deal, the buyer must thoroughly investigate the target business. This process is generally referred to as “due diligence”. A careful and thorough due diligence investigation should be part of every acquisition. The nature and scope of a due diligence investigation will depend on the structure of the proposed acquisition (asset sale or stock sale), the financial condition of the seller, whether the seller will continue to operate […]

FTC IDENTITY THEFT “RED FLAGS RULE” ENFORCEMENT STARTS 11/1/2009 On November 1, 2009, the long-awaited enforcement by the Federal Trade Commission (the “FTC”) of the identity theft regulations commonly known as the Red Flags Rule (hereinafter the “Rule”) will finally arrive. While certain federal agencies (e.g., banking and credit union regulators such as the OCC, Federal Reserve System, FDIC, OTS and NCUA) began enforcement of the Rule right away, the FTC postponed its enforcement to provide businesses with guidance and additional time to develop policies that comply with the Rule’s requirements. The FTC enforcement starts next week, therefore it is […]