On July 22, we wrote about California Senate Bill 1241 and its potential impact on foreign businesses operating in California. In modified form, SB 1241 became law on September 25, 2016. It adds Section 925 to the California Labor Code. SB 1241 does two things: (1)...
Business litigations
New California Law Presents Yet Another Threat to Out-of-State Businesses
Consider for a moment that you are a business headquartered in Texas who is large enough to have operations in various U.S. states, including California. You should know about California Senate Bill 1241 pending currently in the state legislature. SB 1241 would do...
Is There Still a Public Domain in Copyright Law?
(c) 2012. Shanen R. Prout. All rights reserved. In January 2012, the United States Supreme Court held that certain original works of authorship that enter the public domain can have their copyrights restored. The case is Golan v. Holder, Case No. 10-545 (Jan. 18,...
Legal Issues Every Artist Should Be Aware Of
(c) 2012. Shanen R. Prout. All rights reserved. Registering artwork with the U.S. Copyright Office provides important benefits Copyright registration with the United States Copyright Office is not a condition of copyright protection; however, there are advantages to...
The Advantages and Disadvantages of Including Arbitration Provisions in Contracts
(c) 2012. Shanen R. Prout. All rights reserved. Conventional wisdom among many business lawyers says that arbitration is usually preferable over litigation in court because it avoids expensive, time consuming, and inefficient dispute resolution. It has become...
Recent Ninth Circuit Opinion Demonstrates the Difficulty for Fashion Wholesalers and Retailers Accused of Copyright Infringement to Dismiss Cases Before Trial
(c) 2012. Shanen R. Prout. All rights reserved. On April 9, 2012, the United States Court of Appeals for the Ninth Circuit issued a decision in L.A. Printex Industries, Inc. v. Aeropostale, Inc., Case No. 10-56187, holding that the defendants Aeropostale, Inc. and...
The Ink Won’t Run, and Neither Will the Copyright: Copyright Protection of Tattoos
(c) 2013. Shanen R. Prout. All rights reserved. In property law there are many rights that “run” with the property, which is to say that whoever possesses or owns the property holds those rights. As the property changes hands, these rights “run” from the seller to...