Media, Publications, and Presentations
The attorneys of Hartnett, Smith & Associates are prolific legal writers who have published articles and books on an array of legal topics. They are sought out by their peers to share their knowledge at continuing education seminars, and have been frequently featured and quoted in the media for commentary and legal analysis.
- Media
- Publications by Attorney Tyler Paetkau
- Selected Presentations and Seminars by Attorney Tyler Paetkau
Media
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"Ex-NFL star's son won't be charged," San Francisco Chronicle, Mar. 14, 2006 (available here) |
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Legal expert Charles J. Smith the on Scott Peterson murder trial, Larry King Live, 2004 (transcript available here) |
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"Lawsuits Mount From Workers Looking to Get Overtime Pay," The Wall Street Journal, May 30, 2002 (available here) |
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"2006 will be about race, gender and trade secrets," San Francisco Business Times, Dec. 16, 2005 (available here) |
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"Cutting hours without raising hackles: compared to layoffs, cutting hours may be better for business and workers. But first, uncover all the hidden risks." HR Magazine, Apr. 1, 2009 |
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"Prosecution faulted by observers in court: Defense seems to be scoring points during D.A.'s time," San Francisco Chronicle, Jul. 11, 2004 (available here) |
Publications by Attorney Tyler Paetkau
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California's Statutory Exceptions to Restraints on Trade: Open Competition and Employee Mobility Give Way to Buyers and Sellers of Businesses, CA Labor & Employment Bulletin, January 2008 |
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The Case for "Garden Leave" in California, CA Labor & Employment Bulletin, September 2009 |
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'Intel' Revisited, Law.com, August 2003 |
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When Does a Foreign Law Compel a U.S. Employer to Discriminate Against U.S. Expatriates? A Modest Proposal for Reform, LawMemo, 2009 |
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Enforceability of Non-Compete and Choice-of-Law Provisions in the Modern Employment Contract, CA Labor & Employment Bulletin, January 2005 |
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California's "Reasonable Particularity" Requirement in Trade Secret Litigation, CA Labor & Employment Bulletin, July/August 2005 |
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Shield and Sword: Recovery of Attorneys’ Fees in Trade Secret Misappropriation Litigation |
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"Defining the Nebulous 'Continuing Violations' Theory in Untimely Sexual Harassment Cases," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Spring 1996 |
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"Sex Talk or Sexual History and Conduct: Admission of Evidence of the Sexual Harassment Plaintiff's Own Contributions to Her Alleged 'Hostile and Abusive' Work Environment," California Employment Law Reporter (LexisNexis Matthew Bender), April 1996 |
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"Don't Tell if They Ask: 'Responding' to Employment Reference Inquiries After Randi W.," California Employment Law Reporter (LexisNexis Matthew Bender), March 1997 |
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"When Is a Successor Employer's Intention to Retain Its Predecessor's Unionized Workforce 'Perfectly Clear'?," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Spring 1997 |
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"The Demise of the McDonnell Douglas Burden-Shifting Jury Instructions in California," California Employment Law Reporter (LexisNexis Matthew Bender), August 1997 |
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"California Should Adopt 'Primary Duty' Test Instead of 'Counting Time' Test for 'White Collar' Overtime Exemption," California Employment Law Reporter (LexisNexis Matthew Bender), February 1998 |
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"An Early, Reasonable Settlement Offer May Help Prevent the Attorney's Fees 'Tail' From Wagging the Employment Litigation 'Dog,'" California Employment Law Reporter (LexisNexis Matthew Bender), December 1998 |
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Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 1999 |
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Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Fall 1999 |
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"Defining the 'Adverse Employment Action' Element of a Prima Facia Case of Retaliation," California Employment Law Reporter (LexisNexis Matthew Bender), March 2000 |
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Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Spring 2000 |
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Co-Author, "2000 Legislative and Administrative Labor and Employment Law Updates," Sacramento, California Area Human Resource Association Newsletter, May 2000 |
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"Protecting Trade Secrets in an Increasingly Mobile Work Force," Employers Group Newsletter, May/June 2000 |
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"Protect Trade Secrets with Utmost Diligence," Silicon Valley/San Jose Business Journal, July 10, 2000 |
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"The 'Continuing Violation' Doctrine Revisited: New Limits on a Knowing Plaintiff's Ability to Raise Ancient Claims Under the FEHA," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 2000 |
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Legislative Update, California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), Summer 2000 |
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Co-Author, "Truth or Consequences: Falsity of Employer's Nondiscriminatory Explanation May Be Sufficient to Infer Unlawful Discrimination," California Employment Law Reporter (LexisNexis Matthew Bender), August 2000 |
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"Time Off in California: State and Federal Laws on Employee Leave, Vacations and Holidays," Employment Law Memo (LawMemo.com) and Lorman Education Services, May 23, 2001 |
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"Mt. Clemens Pottery'sRepresentative Testimony Rule Is Limited in Wage-Hour Class Actions to Hours Worked," California Employment Law Reporter (LexisNexis Matthew Bender), August 2001 |
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"Emerging Employment Law Considerations as a Result of the September 11th Terrorist Attacks," California Employment Law Reporter (LexisNexis Matthew Bender), December 2001 |
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"Speaker Beware: A Primer on Defamation in the Workplace," Employers Group Newsletter, January/February 2002 |
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"Sav-On Will Stem the Tide of Wage-Hour Class Actions," California Employment Law Reporter (LexisNexis Matthew Bender), July 2002 |
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"Employment Law Considerations Raised by Post-Enron, Sarbanes-Oxley Act of 2002," Employment Law Memo (LawMemo.com), August 2002 |
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"Employment Law Considerations Raised by Post-Enron, Sarbanes-Oxley Act of 2002," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section), November 2002 |
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"California Court Rejects 'Inevitable Disclosure Doctrine,' But Acknowledges Availability of Injunctive Relief for the Almost Indistinguishable 'Threatened' Disclosure of Trade Secrets," California Employment Law Reporter (LexisNexis Matthew Bender), January 2003; republished at Findlaw Links, April 2003 (http://library.findlaw.com/2003/Mar/18/132641.html ) |
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Co-Author, "A California Court of Appeal Holds that 'Whistleblowers' Must First Exhaust Their Employers' Internal Complaint-Resolution Procedures Before Filing Suit," California Employment Law Reporter (LexisNexis Matthew Bender), June 2003 |
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"Top 10 Nettlesome Employment Law Issues: Address Them Now to Limit Your Company's Exposure and Curb Litigation Expenses," San Francisco Bay Area Chapter of the American Corporate Counsel Association, Focus Newsletter, Third Quarter 2003 |
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Co-Author, "Intel Revisited: Decision is Not So Dire," The National Law Journal, August 11, 2003 |
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"It's Getting Hot in Here: Significant Labor and Employment Law Developments in 2003," California Employment Law Magazine (The Recorder), Winter 2003 |
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Co-Author, "California Deals with ID Theft: The Promise and The Problems," Business Law Today (American Bar Association), May/June 2004 |
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Co-Author, "NLRB Developments," California Labor & Employment Law Quarterly (State Bar of California Labor and Employment Law Section ), August 2004 |
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"User Beware: Legality and Risks of Non-Solicitation of Customers Provision in Employment Contracts Under California Law," California Labor & Employment Bulletin (LexisNexisMatthew Bender), September 2004 |
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"Enforceability of Non-Compete and Choice-of-Law Provisions in the Modern Employment Contract," Bender's California Labor and Employment Law Bulletin (LexisNexis Matthew Bender), January 2005 |
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Co-author, "Thoughtful Internal Complaint Resolution Policies Are Now More Important Than Ever ," American Bar Association, Section of Business Law, Committee on Corporate Counsel, eNewsletter , Spring 2005 |
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"California's 'Reasonable Particularity' Requirement in Trade Secret Litigation," Bender's California Labor and Employment Law Bulletin, (LexisNexis Matthew Bender), July/August 2005 |
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Co-Author, "Employment Law Class Actions: The Latest Developments and Trends," State Bar of California Labor and Employment Law Review (State Bar of California Labor and Employment Law Section), July 2005 |
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Co-author, "Conducting Self-Audits Without Creating a Roadmap for Plaintiffs' Attorneys: A Delicate Balancing Act," American Bar Association, Section of Business Law, Committee on Corporate Counsel, eNewsletter , Spring 2006 |
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"Religious Discrimination and Reasonable Accommodation Issues in the Workplace," Practising Law Institute/Corpedia Compliance and Ethics Officer Bulletin, March 2006 |
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Co-author, "Employee Electronic Signatures: Can Employment Law Keep Up With Technology, and Will Employers Keep Up With the Law?," California Labor and Employment Bulletin 261 (LexisNexis Mathew Bender), July 2006 |
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Co-author, "Employment Arbitration Agreements Containing Restrictive Covenants and Choice of Law Provisions: Enforceability under California Law," California Labor and Employment Law Bulletin 435 (LexisNexisMatthew Bender), December 2006 |
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"The Promises and Pitfalls of Workplace Communications," Part 1, Continuing Education of the Bar, California, Vol. 21, No. 4, p. 101, Fall 2006 |
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"The Promises and Pitfalls of Workplace Communications," Part 2, Continuing Education of the Bar, California, Vol. 22, No. 1, p. 19, Winter 2007 |
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"Labels Versus Reality: When Is A Partner Really An Employee," State Bar of California Labor & Employment Law Review (State Bar of California Labor and Employment Law Section), May 2007 |
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"California Court Refuses to Enforce Broad No-Hire Contract Provision, But Recognizes Potential Enforceability of More Narrowly Drawn No-Hire Provisions," California Labor & Employment Bulletin 217 (LexisNexisMatthew Bender), August 2007 |
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Co-author, "Update on Validity of Electronic Communications and Employee Electronic Signatures: Not A Disfavored Method Of Obtaining Employee Consent (Yet)," LexisNexis Expert Commentaries Column in Research Solutions , p. 1, December 2007 |
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Co-author, "California's Statutory Exceptions To Restraints On Trade: Open Competition And Employee Mobility Give Way To Buyers and Sellers Of Businesses," Bender's California Labor & Employment Bulletin 17, January 2008 |
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"California Supreme Court Endorses Lump Sum, Increased Compensation Method of Reimbursement; Compliance Suggestions," California Wage & Hour Advisor 1, January 2008 |
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Co-author, "Shield and Sword: Recovery of Attorneys' Fees in Trade Secret Misappropriation Litigation," Bender's California Labor & Employment Bulletin 352, September 2008 |
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Co-author, Switzerland Chapter, International Labor & Employment Laws , Third Edition, Vol. IIA (ABA BNA 2008) |
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Contributing editor, American Bar Association/BNA treatises, including Developing Labor Law, Summary of Cases Under the Equal Pay Act, Family and Medical Leave Act, and International Labor and Employment Laws |
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"When Can an Employer Conclude That a Disabled Employee On an Indefinite Leave of Absence Cannot Perform The Jobs Essential Functions? A Cautionary Tale," California Labor & Employment Law Review (State Bar of California Labor and Employment Law Section), March 2009 |
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"When Does a Foreign Law Compel a U.S. Employer to Discriminate Against U.S. Expatriates?: A Modest Proposal for Reform," lawmemo.com, URL to the article: http://www.lawmemo.com/articles/foreignlaw.htm , March 2009 |
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Hiring and Firing (Entrepreneur Press 2007) |
Selected Presentations and Seminars by Attorney Tyler Paetkau
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