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 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 »
Posted on April 9, 2014 by Julie Brook, Esq.
Poaching employees from a rival company has risks. So does agreeing with your rivals not to poach employees from each other. Potential poachers beware… Continue reading
Filed under: Business Law, Employment Law, Intellectual Property, Legal Topics | Tagged: agreements not to poach, anti-raiding, anti-solicitation agreements, competitors, employee, employee poaching, employers, employment contracts, nondisclosure agreements, nonrecruiting, trade secrets, unfair competition | 2 Comments »
Posted on March 21, 2014 by CEB
The following is a guest blog by Alan M. Goldberg of the Law Office of Alan Goldberg. Alan’s practice includes Appeals, Civil Trials, and Family Law. You can follow Alan on Twitter @AlanMGoldberg.
We learn in law school that illegal contracts aren’t enforceable. But that’s not precisely true. Some illegal contracts may be enforced, depending on the “realities of the situation.” Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics | Tagged: appeals, contract formation, contract law, illegal contracts, legal agreements, trials, unenforceable contracts | 2 Comments »
Posted on March 17, 2014 by Julie Brook, Esq.
If you represent businesses, you know how important it is to protect their trade secrets. A crucial part of that effort is developing and implementing a trade secret protection plan. Specific company needs may vary, and plans have to be crafted with those needs in mind, but some elements should be included in any trade secret protection plan. Continue reading
Filed under: Business Law, Employment Law, Intellectual Property, Legal Topics | Tagged: company secrets, confidentiality agreement, employees, employers, employment policies, human resources, nondisclosure agreement, trade secret protection plan, trade secrets | 6 Comments »