Law

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 has proven to be willing consumers. The Federal Trade Commission (the “FTC”) is paying attention. They’ve consequently ramped up enforcement…

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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…

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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…

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What’s in A Name? Everything If Your Name Is Kylie Jenner

We’re saturated with Kylie Jenner.  She has a celebrity.  She’s all over reality TV as a Kardashian adjunct.  She regularly graces the covers of tabloids.  She has tens of millions of followers as a social media icon.  She has a burgeoning career as a fashionista, either selling or planning to sell clothing, cosmetics and accessories.…

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Your Start-Up Will Stall If It Doesn’t Own Its IP

As I’ve emphasized in other writings, the single most important asset of any business is its intellectual property (“IP”).  Sure, good management is very important, but executives and other managers can (and do) come and go.  A start-up’s IP, like a diamond, should be forever (or at least until it’s sold or tra nsferred).  Among…

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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…

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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,…

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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,…

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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…

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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…

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