1. 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

  2. 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 marijuana is still illegal in the US at the …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. 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

  5. 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 several different exemptions, including: an executive exemptio…Read More

  6. A Void Judgement in the Chain of Title Provides No Protection for Bona Fide Purchasers of Real Property

    In two relatively recent decisions by different divisions of the Fourth Appellate District of the California Court of Appeal (fn1)  the Courts confirmed that a void judgment in the chain of title cannot be relied upon to convey clear title as against other valid liens of record. Under convoluted purported sales / title transfers involving somewhat shady owners / sellers  , the Courts made clear …Read More

  7. 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 at the time of arrest, especially as to their constitutional rights, is of p…Read More

  8. California Appellate Court Clarifies the Standard Necessary for Modification of Parenting Or Visitation Arrangement

    On October 30, 2017m the 2nd District Court of Appeal in the case of In re Marriage of Furie 2017 Cal.Ap.. LEXIS 946 held that a “change of circumstances” is not necessary to modify a parenting or visitation arrangement not amount to a change of custody. Although the requested modification in that case involved was the mother requesting to have sole authority concerning the orthodontic care fo…Read More

  9. Patenting Software/Mobile Application

    As of 2017, there are about 2.8 million of mobile applications on Google Play, and 2.2 million on Apple App Store according to Statista (https://www.statista.com/statistics/276623/number-of-apps-available-in-leading-app-stores/).  There is no doubt that the number will keep increasing in the following decades, and software developers who want to try to apply patent for their mobile apps will incr…Read More

  10. Deduction Denied – The Two-Way Effect of a New Tax Provision for Payments Related to Sexual Harassment and Sexual Abuse

    The year 2017 saw a significant amount of attention paid to allegations of sexual harassment in the workplace, and the recently passed U.S. tax bill attempts to address some of those issues.  But the bill itself is not without controversy.  One provision in the bill, for example, will make sexual harassment settlements non-deductible for employers in 2018.  The nature and extent of the applicat…Read More