1. Retention of Clients After Law Firm Breakup

    When a couple breaks up, they face the daunting task of dividing up their mutual assets. When a law firm breaks up, the division of tangible assets is relatively more straightforward, but who gets the profits from matters still pending? The Supreme Court of California weighed in on that question in a March 3, 2018 opinion in Heller Ehrman LLP v. Davis Wright Tremaine LLP, holding that under Califo…Read More

  2. 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 by paparazzi. Rather, it is the right to control the use of your own name or likeness…Read More

  3. 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 various roles a lawyer may play, there are two names which is often fitting: “Advocate” and “Counselor…Read More

  4. “Dilbert” On Contracts

    As those of you who know me well, or have caught my article or presentations on it, I’m evangelical about writing and revising contracts in understandable, conversational English. To me, a contract's primary objective is to be a clear set of instructions. This puts the parties on the same page about its subject matter, and their rights and obligations under it. They can then work in tandem towar…Read More

  5. 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

  6. You’ve Been Sued: Now What?

    In our country, unlike many others, lawsuits are commonplace.  Any one of us can be sued for a myriad of reasons, whether related to business or personal matters. If you get sued, what should you do? When someone sues you, it is very important to remember that time is everything. The complaint should be accompanied by a summons, a legal document that briefly explains certain rights and obligation…Read More

  7. Why Your Startup Should Use Legal Counsel

    Starting a business can be both an exciting and extremely stressful time. As you work hard to get your business off the ground and seek success within your market, it is important to realize what legal factors need to be considered when doing so. Though it may be initially overlooked or something that people think they can do themselves, it is an important and essential aspect in starting your com…Read More

  8. Breaking Down Arbitration

    After receiving a contract of employment, contract for bank agreements, or consumer contracts (like agreeing to updates on your Apple devices), you may breeze over an arbitration clause. They can be present in real estate agreements, and are a very common clause to put in a contract. The clause is a very important understanding between two parties in how to mediate a dispute outside of court. Arbi…Read More

  9. What Exactly Are Trademarks & Copyrights?

    Copyrights and trademarks are commonly seen in our day-to-day life. They are an important part of protecting your work and brand that is uniquely created for your business. Both can easily be infringed upon, and it is important to recognize what exactly copyrights and trademarks are, and when is it necessary to bring a dispute over the two to court. Let’s first explore what a trademark is. A tra…Read More

  10. What Do You Mean We Have A Contract?!

    Contract formation is one of the oldest forms of human interaction.  It dates back to the oral contract forming Adam and Eve’s deal with God to live in the Garden of Eden (which of course led to the first breach of contract action—very harsh ruling), progressing to contracts in Neanderthal times created by grunts and gestures. The advent of written communication begat the signature, made init…Read More