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    Can An Employee's Labor Be Stolen Property?

    Section 496 of the California Penal Code makes it a crime to receive stolen property.  Any person who has been injured by a violation of the statute may bring an action for three times the amount of actual damages, if any, costs of suit, and...

    Labor Code

    More On Suing The CEO For Social Activism

    The last few days, I've been writing about the legal issues raised by Jon L. Pritchett and Ed Tiryakian in a recent opinion piece published by The Wall Street Journal.  To sum up the discussion so far, Professor Stephen Bainbridge responded to...

    Corporate Governance, agency, business judgment rule, Civil Code, Labor Code, social activism, Stephen Bainbridge

    Does Work Product Belong To The Lawyer Or The Law Firm?

    California has codified the attorney work product doctrine in Section 2018.030 of the California Code of Civil Procedure.  That statute establishes two categories of protected work product.   Under subdivision (a), a "writing that reflects an...

    privilege, Section 2860, Attorney-Client Privilege/Work Product, holder, Labor Code, Tucker Ellis LLP v. Superior Court, work product doctrine

    Why An Understanding Of Officers As Agents May Be Important

    In several recent posts, I have noted that officers, unlike directors, are agents of the corporation.  Recognizing the agency status of officers can affect the legal analysis in a number of significant ways, including:

    officers, Restatement (Second) Agency, California Corporations Code, Corporate Governance, business judgment rule, California Civil Code, fiduciary duty, Labor Code, Section 2116, section 309