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Category Archives: High Technology Law

California’s New LLC Law and You

by: Daniel E Gwozdz Daniel E Gwozdz is a 2012 graduate of Gonzaga School of Law and the newest attorney at Bay Oak Law. If the title above grabbed your attention, chances are that you are either a member of an Limited Liability Company or are interested in forming one. Limited Liability Companies, or LLCs, are […]

Sins of Wages

Both employers and employees need to review their wage statements for the new year, because California has amended Labor Code 226 to identify nine types of information that has to be on each wage statement: (1) gross wages earned, (2) total hours worked by the employee, except for any employee whose compensation is solely based on […]

More Online Services Fall Under the COPPA Cabana

Online content providers – including websites and apps – need to add something to their 2013 To-Do list. Beginning July 1st, the Federal Trade Commission’s new rules under the Child Online Privacy Protection Act (“COPPA”) will apply covering more online services. While the new rules have been criticized as “a mess,” they still apply. Most […]

Limits on Civil Torture

It is easy to feel smug when we look back on our ancestors 1000 years ago. They had donkeys — we have 400 horsepower, 4 wheel drive vehicles. They had the Black Death — we have vaccines for all types of illness, even cancer. For a justice system, they had trial by ordeal — we […]

Sad Trolls, Happy Humanity

The copyright trolls had a bad day at the beginning of September, as Judge Phyllis Hamilton of the Northern District of California found that wireless router owners do not have a duty to secure Internet connections from outsiders. The issue in AF Holdings v. Doe (Hatfield), US Dist Court, ND Cal. C12-2049 (PJH)  is negligence. […]

Resist the Torrent

If you had any doubts, the New Scientist has published a report that says that most torrent downloaders have their internet protocol (“IP”) addresses logged within three hours of the download. The article wonders whether the information will be reliable enough to be admitted in a court of law, but another legitimate question is whether there are […]

Viva La Small Biz!

As the son of a stockbroker, I grew up listening to talk about large, well-established businesses. IBM. Gerber. Proctor & Gamble. All successful companies, in industries that will last a long time. But all, in their way, static. IBM’s headcount of American employees has been falling for years. Most Fortune 500 companies in America that […]

Bad News for Artists: California’s Resale Royalty Act Ruled Unconstituional

California’s Art Resale Royalty Act has been declared unconstitutional  by now former Central District of California Judge Jacqueline Nguyen. Judge Nguyen issued her ruling on May 12, two days before she received her commission to become a judge on the Ninth Circuit Court of Appeals. She found the Resale Royalty Act to be unconstitutional because it […]

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 […]

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 […]

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