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 ten 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 »
Posted on July 25, 2014 by Julie Brook, Esq.
You get a call from a potential client who wants to set up a new nonprofit organization. Here are some questions to ask before you commit to the task. Continue reading
Filed under: Business Law, Legal Topics | Tagged: forming a nonprofit, nonprofit corporation, nonprofit incubators, starting a nonprofit | Leave a comment »
Posted on July 16, 2014 by Robert Denham, Esq
The law says that retirement funds are exempt property in bankruptcy, but the Supreme Court has held that this exemption doesn’t apply to inherited IRAs. End of story? Not quite. Continue reading
Filed under: Bankruptcy Law, Business Law, Elder Law, Estate Planning | Tagged: bankruptcy, banruptcy exemptions, creditors, Estate Planning, heirs, Individual Retirement Account, inherited IRA, retirement accounts | Leave a comment »
Posted on April 16, 2014 by Julie Brook, Esq.
Once an exception, the use of free and open-source software (FOSS) in commercial software products has become the rule. FOSS is particularly attractive to resource-strapped companies looking to avoid high software development costs or licensing fees, but even the biggies in the tech industry use FOSS. Despite its common use, FOSS carries risks and you need to do your due diligence.
Filed under: Business Law, Intellectual Property, Legal Topics | Tagged: FOSS, free software, mergers & acquisitions, open-source, software license, source code, tech industry, technology | 2 Comments »