Jul 6 2016

Copyright Registration: The Best Remedy For Infringement

It is true that, under U.S. copyright law, a copyright emerges automatically when a creative work is “fixed in a tangible medium of expression” (e.g., when a person records an original song or writes source code for a computer program, the creative work is “fixed” and a copyright emerges automatically). The ability to obtain a […]

Jul 5 2016

Workplace Email Policies

You are a manager or owner of a small company, which has just been sued by a former employee for sexual harassment, retaliation, invasion of privacy and intentional infliction of emotional distress. Company employees each have access to a networked company computer for which they have their own private passwords. In investigating, you discover that, […]

Jul 5 2016

New Wage and Paid Sick-Leave Requirements in Oakland in 2015

On November 4, 2014, voters in the City of Oakland approved Measure FF, a ballot initiative that will require all Oakland employers to implement the following policies for their employees: (1) raise the minimum wage to $12.25 per hour; (2) provide at least five days of paid sick leave per year; and (3) pay hospitality […]

Jul 5 2016

Brinker Decision Impacts Meal and Rest Break Policies

On April 12, 2012, the California Supreme Court issued its long-awaited decision in Brinker Restaurant Corp. v. Super. Ct., Case No. S166350, addressing issues of critical importance regarding employers’ obligations to provide meal periods and rest breaks to nonexempt employees. The most widely anticipated aspect of the Brinker Decision was the clarification of what it means […]

Jul 5 2016

Avoid Class Action Suits by Using Arbitration Agreements

On April 27, 2011, the U.S. Supreme Court issued a ruling in AT&T Mobility LLC v. Vincent Concepcion that barred a consumer class action and overturned prior California law that prohibited class action waivers in arbitration agreements. In doing so, the Court created a mechanism by which savvy businesses can avoid class actions in a […]

Jul 5 2016

2016 California Employment Legislation Update

Fortunately, unlike 2013 (when the Legislature increased the state’s minimum wage) and 2014 (when it enacted the paid sick leave law), the majority of employment-related bills enacted in 2015—the most important of which are summarized below—were aimed at clarifying or amending existing laws.  Except for AB 1506 and AB 304, both of which were enacted […]

Jul 5 2016

Using UCC Security Interest Filings to Increase Your Bottom Line

Many companies that distribute their products through reseller networks do not adequately pro-tect themselves against the possibility of a reseller going bankrupt or defaulting on their payment obligations. This problem is particularly acute when companies distribute their products to re-sellers on credit. Fortunately, there is a relatively simple solution that helps companies dramati-cally increase collections […]

Jul 5 2016

Ten Things to Consider When Starting a New Business

1. Develop Your Business Plan Before launching your business, you should develop a written plan for making your new venture successful. Your business plan should describe the purpose and major objectives of the business, as well as the strategies for achieving those objectives. A business plan typically will also include a market analysis, a description […]

Jul 5 2016

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, […]

Jun 30 2016

Branding 101: Major Pitfalls to Avoid in Launching a New Business or Product Name

Sales are starting to increase and you are gaining some great momentum in the right direction! Several months later, you receive a letter from an attorney representing XYZ corporation who advises you that you are infringing on XYZ’s trademarks and other legal rights and that you must immediately cease and desist from all further use […]