Cupid’s Arrow Strikes Lover in the Wallet

ThinkstockPhotos-505650276Revenge is a dish best served cold. In a recent case, a disenchanted suitor not only sued to recover gifts he made to his former lover but also reported those gifts to the IRS as income payments! See Diane Blagaich, TC Memo 2016–2. Continue reading

Business Plan Basics

ThinkstockPhotos-493829717Every business should have a plan—from tech start-ups to law firms. The process of creating a document that details the thoughts and ideas of the owners or founders of the business allows for a realistic appraisal of the business’ chance of success before committing time and money to it. Continue reading

Top 10 Trade Secrets and Unfair Competition Developments

ThinkstockPhotos-497444296The following is a guest blog post by Tyler M. Paetkau, Hartnett, Smith & Paetkau, Redwood City, CA. Tyler represents employers in all aspects of employment and labor law, including counseling and litigation regarding trade secrets and unfair competition.

There were several noteworthy developments in 2015 in the area of trade secrets and unfair competition. This post focuses on developments affecting California employers. Due to the unsettled nature of some of the law, this update includes citations to some significant federal district court decisions in 2015, so that California employers can understand and plan for the trends at the trial court level. Here are the Top 10 key developments and lessons from 2015. Continue reading

Timing Your Requests for Admission

ThinkstockPhotos-487826116 (1)One of many tactical decisions you need to make in litigation is when to serve requests for admission. Timing may be key to getting what you need. Continue reading

Backsies! When Can You Rescind a Real Property Purchase Agreement?

ThinkstockPhotos-527074543 (1)You buy a house and then discover that the seller didn’t disclose a material fact about the property—say, the sewage system you thought was owned by the city was actually owned by 13 different residents in the area, and you’re now on the hook for maintenance costs. Compounding matters, the house’s value has dropped significantly since you bought it. What do you do? Try to rescind the sale contract.
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3 Ways to Improve Trial Pacing

78724287One of the cornerstones in trying a good case is pacing. The attorney who proves everything proves nothing. It’s imperative that your case be pared down to its essential elements and presented concisely. Continue reading

Stop Trade Secret Thieves Before They Leave

ThinkstockPhotos-482975110One of the most likely times to lose trade secret protection occurs when an employee leaves the company. If there are feelings of resentment, the employee may want to harm the employer, or the employee may mistakenly feel that he or she will be more valuable to a new employer by bringing such information. Regardless of reason or intention, companies need a trade secret protection plan in place to prevent trade secrets from leaving with their employees. Here are some tips for adding protection to the exiting process. Continue reading

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