4 Steps to Drafting a Contract to Your Client’s Advantage

460275005Yes, 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

10 Ways to Finance a Business

164176162A 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.

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Pharmacy Liable for Employee’s Illegal Peek at Customer Prescription Records

flirty business man appearing on laptopIn 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

Business-Related Torts to Master

185468074If 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

Pizza and the Edge of the Trademark Universe

160512136The 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

Make These 4 Assumptions about Cybersecurity

158695294It 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

Idea-Expression Dichotomy Remains Key to Copyright Protection of New Technology

464285047Can 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

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