Wisdom of the Supremes
"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
ADA - Be Proactive
- posted: Apr. 19, 2012
- Political
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
A Few (Not Fifty!) Shades of Grey
- posted: Apr. 17, 2012
- Archive
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
Berne, Baby, Berne: International Copyright and You
- posted: Apr. 10, 2012
- Archive
© 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
Copyright Concerto for Campaigning
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
Nah, No Employer Would Be That Dumb
- posted: Mar. 15, 2012
- Archive
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
The Breyer Copyright Manifesto
- posted: Mar. 12, 2012
- Archive
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
Allergan's IS a Botox Smile; or, No Mirth for Merz
- posted: Mar. 08, 2012
- Archive
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
Silicon Handshake or Hangman's Noose: The NDA’s Opportunities and Risks
- posted: Feb. 20, 2012
- Archive
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
Expensive Waffles
- posted: Feb. 16, 2012
- Archive
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
It's H-1B Visa Season
- posted: Feb. 16, 2012
- Articles,  Business Counseling,  Employment
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
Are Interns A Good Idea?
- posted: Feb. 16, 2012
- Articles,  Business Counseling,  Employment
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
A Wellness Program -- For Your Business
- posted: Feb. 13, 2012
- Archive
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
Leveling the Playing Field:
- posted: Feb. 08, 2012
- 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
Can I Use Consumer Reports to Evaluate a Potential Hire?
- posted: Feb. 06, 2012
- Articles,  Business Counseling,  Employment
It depends. Read More
Who Gives a Tweet About Who Owns a Tweet?
- posted: Jan. 26, 2012
- Archive
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