Posted on December 12, 2014 by Julie Brook, Esq.
Yes, drafting a contract takes a lot of work. But it generally takes less time to draft a contract document that advances your client’s interests than it does to modify another party’s document to achieve that result. So whenever you have the opportunity to be the drafter, take it—and follow these four steps to drafting a contract to your client’s benefit. Continue reading
Filed under: Business Law, Legal Topics, Young Lawyers | Tagged: attorney drafting, business transactions, contract drafting, contract negotiation, contract terms, document drafting, negotiation | 5 Comments »
Posted on December 5, 2014 by Julie Brook, Esq.
A great business idea is not enough—a business needs capital to thrive. Attorneys can help their clients consider all the financing options, figure out which one(s) are the best fit, and comply with applicable laws.
Filed under: Business Law, Legal Topics | Tagged: business financing, crowdfunding, peer-to-peer lending, start-up, startup, venture capital | Leave a comment »
Posted on December 1, 2014 by Jean Magistrale, Esq.
In what’s being touted as a national precedent, the Indiana Court of Appeals upheld a $1.4 million trial court verdict for a Walgreens customer whose prescription information was leaked by a pharmacist to a third party. This may be one of the first times a health care provider was found liable under state negligence law for an employee’s failure to follow the federal Health Insurance Portability and Accountability Act (HIPAA)—and serves as a cautionary tale for employers in every state. Continue reading
Filed under: Business Law, Employment Law, Legal Topics, New Legal Developments, Tort Law | Tagged: employer liability, health care providers, HIPAA, medical records, negligence, pharmacy records, privacy, respondeat superior | Leave a comment »
Posted on November 14, 2014 by Julie Brook, Esq.
If you handle business litigation matters, you need to be fluent in the most common business-related torts and their elements so you can spot the issues immediately—to either allege them or defend against them. Don’t feel quite fluent yet? Don’t worry, here’s a checklist of the elements of common business-related torts to keep handy until you master them. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics, Young Lawyers | Tagged: business litigation, business torts, emotional distress, false light, inducing breach of contract, intentional interference with prospective advantage, Negligent Interference With Prospective Economic Advantage, trade libel, unfair competition law | Leave a comment »
Posted on November 5, 2014 by CEB
The following is a guest blog post by Michael J. Thomas, a solo practitioner and founder of Creative Vision Legal, a Bay Area law firm offering legal services tailored to artists, musicians, and small business owners.
Can you trademark a pizza flavor? A recent decision says no and offers a glimpse at the edge of the known trademark universe. The doctrines of functionality and inherent distinctiveness, like the force of gravity or tendrils of dark matter holding the galaxies together, will keep the trademark universe from expanding or hurtling waywardly outward (depending on your view). Continue reading
Filed under: Business Law, Legal Topics | Tagged: business litigation, functionality test, inherent distinctiveness test, Lanham Act, pizza flavor, trademark | 4 Comments »
Posted on October 31, 2014 by Julie Brook, Esq.
It has been clear for some time that cybercrime isn’t an outlier in the spectrum of corporate risk. Yet many organizations have been slow to wake up to that reality, or having awoken, are unsure of what steps to take to manage that risk. Law firms are in the thick of it with nearly half of all firms infected with viruses, spyware, or malware last year. Continue reading
Filed under: Business Law, Intellectual Property, Legal Topics, Practice of Law | Tagged: cybercrime, cybersecurity, hackers, law firm data security | Leave a comment »
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 | 2 Comments »