• posted: Apr. 19, 2012
• Martindale Admin
• Articles,  Business,  Political
• court power,  elections,  legislatures,  policy,  polls

"For protection against abuses by legislatures the people must resort to the polls, not to the courts." Munn v. Illinois, 94 US 113, 134 (1877). Courts are good at procedural issues, and Read More

• posted: Apr. 19, 2012
• Martindale Admin
• Political
• ADA,  Disabilities,  Frankovich,  Unruh Act

The volume of “snail mail” is down tremendously compared to a few years ago, so when a business owner gets a letter in the mail claiming that the business has Read More

• posted: Apr. 17, 2012
• Martindale Admin
• Archive
• First Sale,  First Sale Doctrine,  Justice Kagan,  Kirtsaeng,  section 109,  section 602

The Supreme Court will be taking another crack at solving the grey market conundrum in a copyright infringement case that started here in California. In 2010, the Supreme Court granted certiorari Read More

• posted: Apr. 10, 2012
• Martindale Admin
• Archive
• Berne Convention,  international copyright

© Bay Oak Law, 2012 Maybe its your company’s simple yet addictive game. Or perhaps it’s the new song your band wrote that is flooding the airwaves. Maybe its just your Read More

• posted: Mar. 18, 2012
• Martindale Admin
• Articles,  Copyright
• campaign music copyright

Way back in the paleolithic era, also known as September 1984, I was driving cross-country to a Congressional internship. I was listening to a local radio station that was broadcasting Read More

• posted: Mar. 15, 2012
• Martindale Admin
• Archive
• discrimination,  discrimination award,  patents,  pregnancy discrimination

One criticism of attorneys that non-attorneys ( better known as “real people”) have is that we spend too much time in the netherworld of hypothetical situations. Surely, no employer would Read More

• posted: Mar. 12, 2012
• Martindale Admin
• Archive
• Charles Breyer,  copyright length,  copyright term,  Golan,  Supreme Court

The length of US copyrights has been growing ever longer. Supreme Court Justice Stephen Breyer‘s recent dissent in Golan v. Holder, 565 U.S. ___ (2012) (“Golan”), relies on the Constitution to Read More

• posted: Mar. 08, 2012
• Martindale Admin
• Archive
• Allergan,  botox,  customer information,  Merz,  trade secret misappropriation

Allergan, the maker of the first botulinium toxin cosmetic product (better known as Botox) is smiling today because it won a trade secret misappropriation trial against competitor Merz Pharmaceutical. Merz Read More

• posted: Feb. 20, 2012
• Martindale Admin
• Archive
• NDAs,  Non-Disclosure Agreements,  Nondisclosure Agreement

Nondisclosure Agreements ("NDA") are everywhere: a Silicon Valley Don Juan had an NDA ready for every date. However, NDAs are not created equal -- what is good for the discloser Read More

• posted: Feb. 16, 2012
• Martindale Admin
• Archive
• attorney fees,  copyright damages,  vicarious infringement,  waffles

Roscoe’s Chicken and Waffles used to have a restaurant near the Bay Oak Law offices in Oakland; an assistant used to visit nearly every weekend with her fiancé. Unfortunately, the Read More

• posted: Feb. 16, 2012
• Martindale Admin
• Articles,  Business Counseling,  Employment
• application,  H-1B,  visa

2013 H-1B Visa Application Start Date If your firm is seeking to provide a new H-1B visa on or after October 1, 2012, the application season opens on April 2nd. In Read More

• posted: Feb. 16, 2012
• Martindale Admin
• Articles,  Business Counseling,  Employment
• Fair Labor Standards Act,  FLSA,  intern,  interns,  unpaid internships

By Kim Kennedy Does your business use interns? Are you thinking of hiring an intern or two in the near future? The economy is still struggling, and hiring more employees is Read More

• posted: Feb. 13, 2012
• Martindale Admin
• Archive
• asset,  asset protection,  corporate status,  Program,  trademark,  Wellness

Just as your body needs annual wellness checkups, your business does, too. Much of the simple matters can be done by your office, without an lawyer – but if issues Read More

• posted: Feb. 08, 2012
• Martindale Admin
• Archive

Due Process and Trade Secret Misappropriation Cal. Civ. Proc. Code § 2019.210 by: Andrew K Jacobson The Fifth Amendment to the US Constitution guarantees due process of law. One type of due process Read More

• posted: Feb. 06, 2012
• Martindale Admin
• Articles,  Business Counseling,  Employment

It depends. Read More

• posted: Jan. 26, 2012
• Martindale Admin
• Archive
• employee,  Tweet,  Twitter,  Twitter Value,  work-for-hire

By: Andrew K Jacobson You’re a business owner, not a Kardashian. You’ve never tweeted in your life, even if that is all your teenager does. But now the resident young wise@$$ Read More