UC Legal - Office of the General Counsel
U.S. Supreme Court Rules in Favor of DACA and UC PDF
July 1, 2020The Supreme Court vacated the Trump administration's rescission of DACA, holding that it was arbitrary and capricious.
Governor Newsom Signs AB 5 Limiting Who Can Be Classified as an Independent Contractor PDF
December 20, 2019California adopts new restrictive test to determine whether workers can be classified as independent contractors.
California Supreme Court Holds That Colleges Have a Legal Duty to Protect Students from Foreseeable Violence during Curricular Activities PDF
June 1, 2018California Supreme Court holds that colleges and universities have a special relationship with enrolled students that requires warning or protection from foreseeable violence in the classroom or during curricular activities.
California Supreme Court Holds That Messages about Public Business in Personal Accounts May be Public Records PDF
March 16, 2017California Supreme Court holds that, when a public employee uses a personal account to communicate about public business, the message may be subject to public disclosure.
California Court of Appeal Upholds UC San Diego’s Discipline of Student for Sexual Misconduct PDF
March 1, 2017The California Court of Appeal unanimously held that substantial evidence supported UCSD’s findings of student misconduct findings, that its procedures provided the accused student with a fair hearing, and that the suspension imposed was not an abuse of discretion.
Appeals Court Upholds University’s Tuition and Financial Aid Programs for Undocumented Students PDF
January 17, 2017California Court of Appeal confirms undocumented UC students are eligible for financial benefits as set forth in California state law and UC policies.
Supreme Court Upholds Race-Conscious Admissions PDF
July 11, 2016On June 23, 2016, the United States Supreme Court found the University of Texas at Austin undergraduate admissions program to be lawful under the Equal Protection Clause and reaffirmed that colleges and universities have a compelling constitutional interest in achieving “the educational benefits that flow from student body diversity."
The Department Of Labor Publishes Its Final Rule On Overtime PDF
May 27, 2016The Department of Labor’s Final Rule, effective December 1, 2016, will significantly increase the minimum salary level generally required for exemption from minimum wage and overtime obligations, raising it from $455 per week ($23,660 annually) to $913 per week ($47,476 annually).
O’Bannon v. NCAA Decision Examines the Antitrust Limits on Compensating College Athletes PDF
January 26, 2016Ninth Circuit decision says college athletes may be compensated for education-related costs, but questions remain as to future payment limits and how compensation may affect college sports programs
U.S. Supreme Court ruling in Kimble v. Marvel Entertainment, LLC., addresses patent royalties PDF
July 20, 2015On June 22, 2015, the U.S. Supreme Court issued a ruling in Kimble v. Marvel Entertainment, LLC, affirming that a patent owner cannot receive patent royalties from its patent licensee on sales of a product covered by the patent after the patent expires.
Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (“Teva”) case. PDF
March 9, 2015U.S. Supreme Court ruling may encourage early disposition of patent infringement suits and also result in fewer appeals and reversals.
U.S. Supreme Court Invalidates Company Patents on Business Methods PDF
July 18, 2014U.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 PDF
June 17, 2014The 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 PDF
May 22, 2014U.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 PDF
May 16, 2014Supreme 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 PDF
March 3, 2014The 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 PDF
February 26, 2014Effective 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 PDF
February 3, 2014The 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 PDF
August 5, 2013Two 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 PDF
July 8, 2013Two 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 PDF
June 27, 2013U.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. PDF
June 17, 2013U.S. Supreme Court holds that unmodified genes cannot be patented, but modified genes can be.
Bowman v. Monsanto PDF
May 16, 2013U.S. Supreme Court affirms the right of a patent owner to control self-replicating plant seed inventions.
Michigan's Affirmative Action Ban PDF
December 12, 2012A 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 PDF
September 26, 2012A recent federal case creates significant uncertainty for University researchers who wish to protect their unpublished research materials.
eReserves PDF
August 24, 2012Recent legal developments recommend a comprehensive and thoughtful approach to eReserves.
Brinker Decision PDF
June 12, 2012The 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 PDF
March 21, 2012U.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 PDF
March 20, 2012New 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 PDF
February 27, 2012The California Supreme Court upholds legislation abolishing redevelopment agencies and strikes down the legislative attempt to save them.
Leahy-Smith America Invents Act PDF
SEPTEMBER 9, 2011Congress passes patent reform legislation to promote innovation.
Nondiscrimination PDF
AUGUST 25, 2011The 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 PDF
JULY 6, 2011Supreme Court ruling in closely-watched sex discrimination case is likely to deter large class actions.
Inventions PDF
JUNE 10, 2011U.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 PDF
APRIL 19, 2011On 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 PDF
MARCH 8, 2011Plaintiffs 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 PDF
FEBRUARY 8, 2011The 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 PDF
JANUARY 21, 2011White House directs changes to regulations and policies to promote educational exchange between accredited colleges and universities and Cuba.
Proposition 26 and Fees PDF
DECEMBER 17, 2010Fees 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 PDF
JUNE 29, 2010The 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 PDF
JUNE 23, 2010A recent court ruling reaffirms that contractual indemnification is an essential tool to minimize financial risk in business transactions.
Reimbursement Reporting PDF
MAY 13, 2010The FPPC requires designated officials to report all reimbursements for speeches, panels and seminars from non-governmental third parties regardless of location.
CEQA PDF
OCTOBER 28, 2009The 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 PDF
SEPTEMBER 24, 2009California's E-Discovery Act requires the University to preserve relevant electronically stored information (ESI) in state court litigation.
CCARD Act PDF
AUGUST 17, 2009Credit Card Accountability Responsibility and Disclosure Act of 2009 increases safeguards and transparency for young consumers.
Disparate Impact Standard PDF
JULY 10, 2009U.S. Supreme Court requires "Strong Basis in Evidence" standard for showing disparate impact in employee selection tests.
State Contract Funding Suspension PDF
JUNE 26, 2009Executive order suspends funding for specific state contracts entered into, on or after March 1, 2009.