Areas

Business Litigation

We represent companies, partnerships, trusts, and individuals in civil lawsuits, arbitration, mediation, and investigations involving:

  • Copyright infringement
  • Trademark infringement and dilution
  • Trademark opposition and cancellation proceedings before the U.S. Patent & Trademark Office (USPTO)
  • Trade dress infringement
  • Theft and disclosure of trade secrets, confidential and proprietary information
  • Right of publicity
  • Right of privacy
  • Unfair competition
  • False advertising
  • Defamation
  • Fraud
  • Interference with contract and economic advantage
  • Breach of contract and commercial disputes
  • Breach of warranty
  • Conversion
  • Partnership, corporate, and LLC disputes and “business divorces”
  • Business entity governance disputes
  • Involuntary dissolution of corporate entities
  • Hostile takeovers and aggressive attempts at equity buy-outs and buy-backs
  • Breach of fiduciary duties
  • Alter ego; successor liability; de facto merger or consolidation theories; agency theories or “representative services” doctrine arguments; aiding and abetting/conspiracy theories; direct liability theories against management; vicarious liability theories; ratification theories
  • California’s Consumer Legal Remedies Act (CLRA)
  • Wage and hour defense: minimum wage, overtime, and meal and rest break violations
  • Wrongful termination defense
  • Employment retaliation defense
  • Investigations and actions before the California Labor Commissioner and the Division of Labor Standards Enforcement (DLSE)
  • Debt collection and enforcement of judgments

Business Transactions

We analyze, structure, negotiate, draft, and advise on various deals, including:

  • Trademark and copyright licensing, assignments, and portfolio auditing
  • Joint authorship/ownership of intellectual property
  • Transfers and other dispositions of intellectual property
  • Employment and executive agreements
  • Consulting agreements
  • Independent contractor agreements
  • Non-disclosure and confidentiality agreements
  • Commercial and industrial real estate leases
  • Distributorship agreements
  • Merchandising agreements
  • Purchases and sales of businesses and assets
  • UCC sales and leases of goods
  • Settlement agreements and releases
  • Indemnity agreements

Business Ventures and Corporate Law

We work with privately held enterprises and non-profit organizations during the exciting and stressful time of planning, fundraising, hiring, contracting, and capitalizing.  We also work with established clients who seek counsel and assistance with re-working their management, operation, or governance.  Our firm’s business venture and corporate services include:

  • Assisting clients chose the appropriate type of entity
  • Preparing bylaws, operating agreements, and partnership contracts
  • Structuring, negotiating, and drafting agreements with investors and shareholders, including subscription and shareholder agreements
  • Navigating regulatory compliance issues
  • Discussing the rights, liabilities and duties of corporate officers and directors, LLC members, and partners
  • Advising partnership, corporations, limited liability companies (LLCs)
  • Preparing and maintaining corporate records
  • Counseling about necessary government licenses, permits, and registrations
  • Managing and commercializing copyright, trademark, and trade secret portfolios
  • Guiding clients in the purchase of relevant insurance policies

Fashion Law

We work with fashion designers, apparel manufacturers, licensors, licensees, and retailers on a variety of issues and subjects that they frequently deal with, including:

  • Legal structures of companies
  • Compliance with the California Labor Code and Labor Commissioner regulations
  • Registration as a California garment manufacturer or contractor
  • Protection of apparel and textile designs
  • Trademark and copyright infringement and anti-counterfeiting
  • Trademark and copyright clearances and registrations
  • Fashion and apparel licensing and assignments
  • Collections
  • Agreements for the sale or purchase of fashion goods and products
  • Sales representation agreements
  • Agreements for the services of models, talent, spokespersons, and designers
  • Marketing, advertising, sponsorship and promotion agreements
  • Retail leases

New Media and E-Commerce Law

We deal with numerous emerging and evolving legal issues related to cyberspace, new media, and e-commerce, including:

  • Copyrights and the Digital Millennium Copyright Act (DMCA)
  • Domain names and trademarks
  • Trademark and copyright registrations
  • E-commerce transactions
  • Terms of use
  • Online agreements
  • Privacy law and privacy policies
  • Software license agreements
  • Software and Web site development agreements
  • Content clearances, licensing, and fair use and the public domain
  • Internet advertising
  • Acquisitions and sales of internet businesses

Recent Articles

Vitatech International, Inc. v. Sporn: Guidance on Contractual Liquidated Damages Provisions

A recent case from the California Court of Appeal highlights the importance of not running afoul of California’s ban on liquidated penalties. On September 29, 2017, in Vitatech International, Inc. v. Sporn, Appeal No. G053477, the Court of Appeal, Fourth …
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Goles v. Sawhney: Guidance on California’s Minority Shareholder Buyout Mechanism

A recent case from the California Court of Appeal offers instruction in how to conduct the valuation of a minority shareholder’s interest under California’s statutory buyout process in a corporate dissolution lawsuit. On November 22, 2016, in Goles v. Sawhney, …
Read More

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