legal

Importance of “Boilerplate” Terms in Contracts

The term “boilerplate” in contracts is often used to refer to miscellaneous terms and provisions, which don’t concern the main terms and conditions of the agreement.  For that reason, boilerplate provisions are often ignored or given short shrift by parties to contracts.  This is a mistake because boilerplate terms can be critical to resolution of…

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What Contractors Need to Know Under the California Right to Repair Act

The California Right to Repair Act, commonly known as SB800 is a bill that became effective as of January 1, 2003 establishing a mandatory procedure that must be used by homeowners who have construction defect claims against the builder, subcontractor, product manufacturer or design professional of a new construction (for the purpose of this article,…

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Think Before You Post on Facebook

 We have all had that moment where we have used Facebook to vent about our frustrations with someone. Besides the occasional post about our children’s accomplishments, what we had for dinner or political posts, many of us use Facebook as an outlet for our complaints. What could go wrong, right? Well, it seems that the…

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Solar Contractor Do's and Don'ts!

In recent years, installation of solar panels has become a lucrative and growing business. Many contractors have chosen to forego their conventional construction projects and get into the business of selling, financing and installing solar panels. As solar panel installations on homes have increased, so have complaints to the Contractor’s State License Board (CSLB). In…

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Is Margiela Purposely Playing with Burberry’s Fire?

Burberry is well known for fiercely protecting its Brand. No later than last year, the company filed a lawsuit against the rapper and producer Perry Noise, Aka “Burberry Perry.” Noise was not only using the protected word mark “Burberry”, but also the federally registered check pattern and equestrian trademark in connection with his album, online marketing…

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Beyonce Filed Application to Register Blue Ivy Carter's Name with USPTO

Beyoncé has filed an application to register her 5-year old daughter Blue Ivy Carter’s name with the U.S. Patent and Trademark Office (“USPTO”) for use on everything from hair care to clothing, mobile devices and video games, among a number of other classes of goods. In 2012, shortly after Blue Ivy’s birth, Beyoncé and husband…

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I Freaking Love Grammar (in law)

The absence of an “Oxford comma” also known as a “serial comma” in a law made the difference for drivers in a labor dispute for overtime pay.  Yes, a comma!  The Oxford comma is a comma between the second to last and the last item in a list in a sentence.  Here is an example:…

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How to Avoid Drive-By Lawsuits Based on ADA

If you own a business that is open to the public, you need to know how to avoid drive-by lawsuits.  In the last decade or so, there has been an increase in litigation based on the Americans with Disabilities Act, also known as ADA[1].  The ADA and corresponding California Unruh Act[2] require compliance with certain…

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Facebook Divorces

In recent years, with the surge in the use of social media platforms such as Facebook, Snapchat and Instagram, married people’s activities on these sites have either become the cause of divorce or been used as evidence in divorce cases. A study published in the Journal of Cyberpsychology, Behavior and Social Networking, found that people…

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Homemade Inventions Deserve Patents, Too

Some people still believe that patents can only be issued for exotic and high-tech inventions.  However, U.S. patent law does not require that a new device, product or process resemble something from a science fiction movie; a useful modification or improvement of an existing device may also be worthy of patent protection.  A patentable device…

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