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Author Archives: Thomas Bonte

Nah, No Employer Would Be That Dumb

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 ever: 1. Refuse to believe his assistant when she announced that she was pregnant, because she told him for the first time on April 1st; […]

The Breyer Copyright Manifesto

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 reveal the folly of that lengthening. While some wonder why judges write dissenting opinions, those dissents sometimes grow into majority opinions later. Justice Breyer’s Golan […]

Allergan’s IS a Botox Smile; or, No Mirth for Merz

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 markets Xeomin,  another botulinium toxin product that until recently was authorized only for muscle cramps. Allergan sued for trade secret misappropriation after Merz poached Allergan’s […]

Silicon Handshake or Hangman’s Noose: The NDA’s Opportunities and Risks

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 is not good for the recipient. The “Silicon Handshake” can become a hangman’s noose for the unwary. Questions to Ask. Any potential signer to an […]

Expensive 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 Oakland branch closed a few years ago, and Roscoe’s is currently only in Southern California. Unfortunately, Roscoe’s was in the legal news today because it […]

It’s H-1B Visa Season

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 past years, the maximum number of visas was reached within the first few days of the period, so it will be important to get […]

Are Interns A Good Idea?

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 a significant expense in payroll costs, as well as in other costs such as health insurance, and training. There are hordes of unemployed recent […]

A Wellness Program — For Your Business

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 turn up, it may be time to check with counsel. Corporate Status ❏ Corporate Status. Is your business in good standing with the state? In […]

Leveling the Playing Field:

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 is knowing the details of the accusations in a court of law against you. But in trade secret misappropriation cases, the trade […]

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