legal
Got Bad Reviews? That’s Too Bad, Under New Law
It’s been said that “opinions are like a________s – everyone has one”. But they can do serious damage to a business when they take the form of negative reviews online. People are entitled to express their opinions (it’s that pesky free speech thing). Reviews have become powerful influencers. Most of us won’t consider buying or…
No Fake News Here. Your Website or App Content Can Get You Sued for Copyright Infringement, Unless It Complies with New Law
President Trump regularly says you can’t trust the media. He’s 100% right — if he’s talking about a type of digital media. This would be the third-party content, such as videos, photos, and posts to chat rooms, bulletin boards, and discussion forums, that are hosted on a site or app (“Site(s)” for purposes of this…
What is the ‘Right of Publicity”?
Most people have heard of well-known categories of intellectual property law such as trademark or copyright, but there is another type that you might not know, and all of us own one – the right of publicity. Don’t be misled by the word “publicity”; this right does not require you to be a celebrity pursued…
Not Your Grandparents’ Stock Market
Earlier in 2018, US Attorney General Jeff Sessions made a controversial move to rescind the Obama-era “Cole Memo” which created a safe haven for those state-based marijuana-related operations who were operating in compliance with the regulations of their respective states. As surprising as this move may have been at first glance, the reality is that…
The Lawyer as Counselor
Many lawyers – or at least some lawyers – or at least this lawyer – got into the profession because they wanted to help people. This help can be defined by many different roles, and accordingly the lawyer goes by many names (some of which are not fit for print here). But given all the…
Overview of the New Parent Leave Act
With the turning of the calendar to 2018, a host of new laws in California, and employment law is no exception. This post explains how mid-size businesses must pay attention to an expanded law mandating unpaid leave for new parents. The New Parent Leave Act (SB 63) amends Government Code section 12945.6. Under this Act,…
Properly Classifying Exempt Employees
Employers, start 2018 with a resolution you can keep. By ensuring you know who your exempt and nonexempt employees are, you can avoid one less headache in this new year. Employers who have or want to have exempt employees must be careful to ensure these employees meet various state and federal exemption requirements. California has…
New Law Requires Children Under 15 to Have an Attorney Before They Are Allowed to Waive Their Miranda Rights
It is a parent’s worst nightmare for their child to be arrested and possibly prosecuted for a crime. In 2015, law enforcement agencies in the U.S. made an estimated 921,600 arrests of persons under the age of 18, which is a decrease compared to 2006. Nevertheless, for parents, how children are treated by law enforcement…