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Domain Name Enforcement
Donahue Fitzgerald LLP’s Domain Name Enforcement Program has an impressive track record of stopping this cybertheft. Our law firm has efficiently handled thousands of domain name matters to protect our clients’ valuable trademarks.The Domain Name Enforcement Program monitors existing and new domain name registrations for infringing domains. We watch not only for domains that incorporate […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]