1. 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, California employers with at least twenty employees (20+) within a 75-mile…Read More

  2. Using Patents to Establish Brand

    Small businesses and especially startups are often well aware of what a patent can accomplish for their businesses; provide a legal monopoly for their inventions for a period of time.  And yet, the effects of a patent can go beyond protection of an invention and can include helping establish a strong brand for the business, which can further enhance the value of the business.  How can patents ac…Read More

  3. Court of Appeal Affirms LA Superior Court’s Decision Not to Allow Husband to Modify Support Obligation Based on a Transfer of His Business to Current Wife and Claimed Retirement

    The Second District Court of Appeal affirmed Judge Larua L. Siegle’s denial of a request for modification of support in the case of In re Marriage of Kevin J. and Cathy Berman (http://www.courts.ca.gov/opinions/documents/B272324.PDF), wherein the husband who owned a private investigation firm, had remarried and when he turned 65 years old, he handed the business to his current wife, for no consi…Read More

  4. Influencers Need to Be Under the Influence – of the Laws Governing Endorsement Disclosures

    Being a social media Influencer can be very lucrative. Brands are more willing than ever to pay popular Influencers lots of money to tap into their millions of followers, to promote their products to what have proven to be willing consumers. The Federal Trade Commission (the "FTC") is paying attention. They’ve consequently ramped up enforcement of the FTC Act (the “Act”), which is basically …Read More

  5. Countering Unauthorized Postings on the Internet

    The internet has provided owners of intellectual property with virtually instantaneous and unlimited access to vast new markets and opportunities.  On the other hand, the new medium has provided opportunities for copycats to make unauthorized use of others’ intellectual property works. The Digital Millennium Copyright Act (DMCA) provides a legal and procedural framework and mechanism for quick …Read More

  6. Priority of Mechanic’s Liens

    One of the most important aspects of the power of mechanic’s lien is its priority over other liens or deeds of trust.  Generally, liens on property follow the rule of “first in time, first in line” meaning that the priority of liens are determined based on the timing of the recording of the lien.  To the untrained contractor or lawyer, this would mean that a contractor’s mechanic’s lie…Read More

  7. Patenting an Incomplete Invention – Keep in Mind the Enablement Requirement

    Sometimes it may be oversimplified to tell an inventor that his or her invention can be patented before it is complete, because this may cause the inventor to try to apply for patent too early.  While an inventor is not required to fully complete his or her invention before trying to apply for patent protection, the inventor should not file a patent application (specifically the nonprovisional ut…Read More

  8. Litigation vs. Arbitration vs. Mediation vs. Negotiation

    You are about to engage in a legal dispute with an adversary. You know that legal disputes are typically resolved at a court trial before a judge or jury. But you remember glancing over the contract for the last appliance you purchased, and it included an arbitration clause, according to which legal disputes relating to the contract would be resolved by arbitration. You are also aware that some di…Read More

  9. Goodwill

    Goodwill is a familiar term that most of us have heard and read about, and believe that we have a basic understanding of. Despite its familiarity, few business owners have a clear sense of what the term means or understand its application and legal implications for their businesses. There is probably good reason for this as goodwill is not a tangible item, as is, say, a piece of equipment; nor is …Read More

  10. How Much Is A Patent Worth?

    You are an inventor and are thinking about obtaining patent protection for your invention.  You understand that patents are a form of legally recognized property, known as intellectual property, and that they can be very valuable.  But you are also well aware that obtaining patent protection will cost money.  How do you determine the potential value of a patent you hope to get in order to gauge…Read More