Posted on October 22, 2014 by Julie Brook, Esq.
Can you state the difference between an idea and the expression of that idea? Don’t worry if it doesn’t slip off your tongue. This distinction is one of the most difficult areas of copyright law but far from academic because copyright law doesn’t protect ideas, but it does protect expressions of ideas. And this distinction remains key to technology copyright cases. Continue reading
Filed under: Business Law, Intellectual Property, Legal Topics | Tagged: business litigation, computer commands, copyright, copyright infringement, Copyright Revision Act of 1976, idea versus expression, idea-expression dichotomy, inventions, new technology, patents | 1 Comment »
Posted on October 17, 2014 by Julie Brook, Esq.
To the victor go the spoils. But that doesn’t mean the prevailing party can get whatever it wants in claimed costs. If you disagree with the costs listed in the prevailing party’s costs memorandum, file and serve a motion to tax costs. Here’s how. Continue reading
Filed under: Appeals, Civil Litigation, Legal Topics, Litigation Strategy | Tagged: cost memorandum, motion to strike costs, motion to tax costs, post-trial motion, prevailing party, trial costs | Leave a comment »
Posted on October 10, 2014 by Julie Brook, Esq.
Before you get to the substantive questions, make sure to ask these four important preliminary questions in every deposition you take. Continue reading
Filed under: Civil Litigation, Discovery, Young Lawyers | Tagged: attorneys, civil litigation, deposition questions, depositions, pretrial discovery, taking a deposition | 4 Comments »
Posted on October 8, 2014 by Julie Brook, Esq.
Volunteers and for-profit businesses shouldn’t be served together. That lesson has proved to be fatal for a small California winery. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: employees, interns, internship, minimum wage, volunteer labor, wage and hour law, wine industry, wine law, winery | Leave a comment »
Posted on September 26, 2014 by Julie Brook, Esq.
Often you can use more than one discovery method to get the same facts or evidence. You can take a pick-and-choose approach to your methodology, or better yet, use a coordinated approach that aims multiple discovery methods at the same evidence. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: civil discovery, demand for production of documents, depositions, discovery methods, interrogatories, litigation, pretrial discovery | Leave a comment »
Posted on September 24, 2014 by Julie Brook, Esq.
When parents don’t agree on a child custody issue, the parenting plan is the tiebreaker. Given this power, family law attorneys need to draft parenting plans with the utmost care to make sure that uncertainty and ambiguity don’t undermine the best intentions. Continue reading
Filed under: Divorce Law, Family Law, Legal Topics | Tagged: child custody, custody agreement, divorce, document drafting, mediation, parenting plan, visitation plan | 1 Comment »
Posted on September 22, 2014 by Julie Brook, Esq.
In limine motions are a great litigation tool—they get evidence admitted or excluded before it’s even offered. You’ve probably been advised to use them whenever appropriate. But opposing counsel also will have received this advice and will use them against you. Here’s how to respond to opposing counsel’s in limine motion. Continue reading
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: evidence, excluding evidence, litigation, motion in limine, pretrial motion, trial | Leave a comment »