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‘Happy birthday’ Case May Change Content Licensing Practices

Excerpted from the article: “[The Happy Birthday to You case has] some important takeaways. Mistakes in a copyright registration, such as misstating the author or failing to identify the material, do not generally invalidate the registration. However, such mistakes can make proving ownership of a valid copyright in the work at issue difficult. The copyright […]

Considerations for Businesses With Seasonal Hiring

Sexual Harassment Training This year California expanded sexual harassment training requirements to include all employers with 5 or more employees and to require training for both supervisory and non-supervisory employees. If seasonal hiring is typical for your business or industry, seasonal employees count toward the employee threshold. Seasonal employees must receive sexual harassment training within […]

Partner Adam G. Engelskirchen Joins Donahue Fitzgerald

Adam joins Donahue Fitzgerald’s Real Estate practice. His practice is focused on the full-range representation of businesses, investors, public agencies and individuals in transactions and disputes involving real property. Adam represents clients in the financing, acquisition, entitlement, development, leasing, and disposition of real estate assets; in the formation, structuring, and dissolution of business entities; and […]

Who’s Using Your Parked Domain?

If your business is a typical one, you probably own many iterations of your trade name as domain names. For example, you may own ABC Company, so you bought “abc-company.com” and “abc-company.biz” as well as “abc-company.net” and “abc-company.info”. Or you might have purchased domains filled with different punctuation or even typos, to ensure that no […]

Napa Earthquake Losses: Insurance Coverage Matters

Early published estimates place earthquake-related losses from the Napa earthquake on August 24, 2014, at over a billion dollars. Northern California residents and businesses can learn from the experiences of insureds who suffered similar losses during the 1995 Northridge earthquake. Those who suffered losses should quickly document their losses and carefully examine their insurance policies […]

Are You Ready for the Next Data Breach? The FTC, Privacy Policies, and Data Protection

A recent ruling by the U.S. Court of Appeals for the Third Circuit, FTC v. Wyndham, affirms the FTC’s authority to take actions against companies that have unfair or deceptive cybersecurity practices. It is more critical than ever that businesses implement measures to adequately protect their customer data, prepare response plans in case the data […]

New California LLC Act

Business owners should be aware that the RULLCA may affect Members’ rights under existing LLCs, and in some cases may be inconsistent with the terms of their current Operating Agreements.  A summary of the changes are as follows: Noneconomic Members — A new default rule under the RULLCA allows a person to have voting rights, […]