Starting a new business can be an exciting venture, but navigating the legal landscape is crucial for long-term success. New business models often face unique legal challenges that need to be addressed early on. From protecting intellectual property to ensuring...
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How Tech and Law Work Together: What You Should Know
Technology and law are deeply intertwined. As technology advances, legal systems must adapt to address new challenges. Understanding how tech and law work together is crucial for anyone involved in this fast-growing sector. Whether you're developing the latest app or...
Simple Guide to Managing Business Contracts
Every business, big or small, deals with contracts. These agreements outline the terms between parties and protect everyone's interests. Understanding how to manage these contracts can save you from future problems and make sure that your business runs smoothly....
Understanding Corporate Law: A Guide for New Business Owners
Starting a new business is an exciting journey filled with dreams and goals. But before you can achieve success, it's crucial to understand the legal aspects that will help protect your business. Corporate law is an important part of running a business. It covers...
What Are Trade Secrets and Why Do They Matter?
Trade secrets are vital assets for many businesses, providing a competitive edge that can make all the difference in a crowded marketplace. Unlike patents or trademarks, trade secrets are not publicly disclosed, which adds an extra layer of protection keeping them out...
Employment Law Tips for Modern Technology Companies
As the technology sector continues to evolve, navigating the complexities of employment law has become increasingly crucial for modern tech companies. From establishing effective remote work policies to safeguarding intellectual property and ensuring compliance with...
Legal Considerations for Innovating Business Models
Innovating business models is an exciting venture that can drive growth and open new opportunities. However, it's important to navigate the legal landscape carefully to protect your innovations and ensure long-term success. Understanding the legal considerations...
Corporate Law: What New Business Owners Should Know
Starting a new business is an exciting venture, but it comes with numerous legal considerations. Understanding corporate law is essential for new business owners to ensure a strong foundation and avoid potential pitfalls. This knowledge can help you make informed...
Essential Steps for Smooth Business Transactions
Navigating business transactions can be a complex process, requiring careful planning and execution. Whether you're buying a business, merging with another company, or entering into a significant contract, there are essential steps that can help ensure the process...
Understanding the Intersection of Tech and Law
As technology continues to advance, the legal landscape must adapt to keep pace with innovation. Understanding the intersection of tech and law is crucial for businesses to protect their assets, comply with regulations, and manage risks effectively. Whether you're...
The Basics of Copyrights and Trademarks for Startup Owners
Starting a new business is an exciting journey filled with innovation and creativity. As a startup owner, you invest significant time and resources into developing unique products, services, and branding. Protecting these assets is essential to ensure your hard work...
Navigating Commercial Contracts Made Simple
Commercial contracts are the backbone of any business. They outline the terms and conditions agreed upon by parties and provide a clear framework for their working relationship. Understanding basic rules about contracts is essential to protect your business interests...
Key Employment Law Tips for Modern Tech Companies
Running a tech company comes with a unique set of challenges, especially when it comes to employment law. With rapid advancements in technology and evolving business models, staying compliant with employment regulations is crucial. This ensures that both employees and...
Managing Commercial Contracts: What You Need to Know
Managing commercial contracts is a critical part of running a successful business. These contracts define the terms of agreements between companies and ensure that all parties know their rights and obligations. Getting these contracts right can prevent...
How to Legally Protect Your New Business Ideas
Starting a new business often involves unique ideas that set you apart from the competition. These ideas are valuable assets that need protection to ensure your success and prevent others from taking advantage of your hard work. Understanding how to legally protect...
Mastering the Intricacies of Copyright Litigation: A Comprehensive Guide for Los Angeles Businesses
As business owners in Los Angeles, you face unique challenges that call for expert legal guidance. One such area in which many businesses require assistance is bringing or avoiding copyright litigation. With the vast number of diverse businesses operating in our...
When Are Non-Compete Agreements Valid in California?
On August 29, 2019, in Quidel Corporation v. Superior Court of San Diego County (Cal. Ct. App., No. D075217) 2019 WL 4071848 (“Quidel”), the California Court of Appeal, Fourth Appellate District, Division 1, clarified when noncompete agreements are lawful in...
“Litigating and Judging California Business Entity Governance Disputes” now available from LexisNexis/Matthew Bender
I am pleased to announce that the first edition of “Litigating and Judging California Business Entity Governance Disputes” (2019) is now available from legal publisher LexisNexis/Matthew Bender. I am the co-author and co-editor of the chapter titled “Judging and...
Important Subjects to Consider Addressing in California LLC Operating Agreements
A Brief Introduction to the Function of LLC Operating Agreements The operating agreement is a limited liability company’s (LLC) governing document and the foundational contract among its owners. The operating agreement is the exclusive consensual process for...
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 Appellate...
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, 2d...
California’s Newest Threat to Out-of-State Businesses [UPDATE]
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)...
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...