Who owns an employee’s inventions? This is an issue that’s vitally important to many businesses, particularly those in the tech industry. Most companies are taking a proactive step by requiring employees to sign invention assignment agreements as a condition of their employment. Here are some tips for drafting these agreements for the employer’s maximum protection. Continue reading
When you draft a contract, your goal is to state the terms and conditions of the parties’ agreement clearly and completely, using as few words as will accomplish the job. Follow these five principles and you’ll be well on your way to meeting this goal. Continue reading
As consumers continue to purchase more and more products and services over the Internet, online agreements have become an integral part of today’s marketplace. But as we all know, many online consumers don’t read the terms and conditions before using a website or its services. So how do you ensure that your client’s online agreement is actually enforceable? Continue reading
So you have a money judgment, but the debtor dies before you can collect. Never mind. You still have a judgment lien on the debtor’s estate. Right? Continue reading
Filed under: Appeals/Post-Trial Matters, Business Law, Estate Planning, Legal Topics, Litigation Strategy, New Legal Developments | Tagged: creditor, death of debtor, debtor, debtor's estate, enforcing a judgment, judgment lien, money judgment, probate | Leave a comment »
The following is a guest blog post by Bahaneh Hobel, a partner in the Alcohol Beverage and Wine Law groups at Dickenson Peatman & Fogarty in Napa. Bahaneh’s practice focuses exclusively on all aspects of alcohol beverage law and regulation for wineries, breweries, distilled spirits plants, importers, wholesalers, and retailers.
Many of us have attended “passport events” where you buy a glass, wrist band, or passport that gets you access to wine tastings at various locations and often include a party at a central event location. These “event passports” are often sold by marketing agencies or winegrower associations promoting the event. But these marketing or supplier organizations selling the tickets or passports don’t generally have licenses from the California Department of Alcoholic Beverage Control (ABC). So, how can they do it? And what happens when multiple wineries participate or pour at an event at one location?
Filed under: Business Law, Legal Topics, New Legal Developments | Tagged: alcohol licensure, California Department of Alcoholic Beverage Control, passport events, temporary daily license, wine law, wine tasting | Leave a comment »
Parties negotiating a business transaction don’t have to accept the risks or duties imposed by law on the proposed arrangement. For example, just because a property owner is generally liable for damage caused by hazardous materials on his or her property (42 USC §9607) doesn’t mean that a potential buyer can’t negotiate that the seller be financially responsible for cleaning up materials that were on the property before the closing date. Here’s how to (re)allocate risk in your next transaction. Continue reading
The following is a guest blog post by Jeffrey D. Polsky, a partner at Fox Rothschild LLP, where he counsels employers on California employment law issues, represents them in litigation, and writes for Fox Rothschild’s California Employment Law Blog.
Should employers have mandatory arbitration agreements with their employees? Having tried and arbitrated dozens of cases on behalf of employers, here are what I see as the pros and cons—and where I stand on the question. Continue reading
Filed under: Business Law, Compliance/Best Practices, Employment Law, Legal Topics | Tagged: arbitration provision, contractual arbitration, employees, employers, employment agreement, employment contract, employment litigation, mandatory arbitration agreement | 4 Comments »