Are Your Employees Inventing on the Job? Tips for Drafting Invention Assignment Agreements

brain_63285190Who 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

Review This Before Drafting a Contract

thinkstockphotos-500097357When 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

6 Tips for Ensuring an Enforceable Clickwrap Agreement

As consumers continue to purchase more and more products and services over the thinkstockphotos-537516046Internet, 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

Dead Man Balking: Writ of Execution Doesn’t Work After Debtor’s Death

thinkstockphotos-501575596So 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

It’s No Longer the Wild West for Passport Wine Events

thinkstockphotos-186938294The 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?

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You Can Negotiate Who Takes on Risk

ThinkstockPhotos-465897648Parties 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 Pros and Cons of Requiring Workplace Arbitration

175660493The 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

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