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Recent Blog Posts

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 […]

Can I Use Consumer Reports to Evaluate a Potential Hire?

It depends.

Who Gives a Tweet About Who Owns a Tweet?

The media revolution of the last 20 years will continue well into the future, and new issues will arise that few will think about in advance. Small businesses can save themselves huge expenses in protecting their media outlets by updating their employee manuals so that it is clear from the outset of employment that these new media channels belong to the employer, not to the employee.

Benefit Corporations

by: Laura Koch California has entered the new year with a new class of corporation—the ‟Benefit Corporation,” or ‟B Corporation.” Governor Brown signed AB361 in October 2011, making California the seventh state to allow corporations to elect an organizational structure that benefits both society and shareholders. B Corporations are required to pursue the creation of […]

A New Ambush on At-Will Employment?

by Andrew K Jacobson Once again, the turn of the new year brings new laws into existence. The newspapers focus on cross-cultural clashes like the banning of new sources of shark fins or partial bans on checking job applicants’ and workers’ credit reports. California has also created new penalties if a company willfully misclassifies someone as […]

The End of the Internet as We Know It?

By Kim Kennedy The Stop Online Piracy Act (“SOPA”) is a bill that Rep. Lamar Smith of Texas introduced in the United States House of Representatives in October, 2011. The bill is intended to help law enforcement agencies in the United States fight the distribution and sale of copyrighted intellectual property, like music, movies, and […]

Willfully Misclassified: New Perils in Misclassifying Workers as Independent Contractors

By Andrew K. Jacobson In an era of ultra-tight budgets, getting something for less is appealing. One such temptation is hiring someone to be an independent contractor, instead of as an employee. The Legislature and Governor Brown, however, have added to the downside of that calculation. Hiring someone as an independent contractor instead of as […]

The Cinderella of Intellectual Property

Law regarding trade secrets has long been seen as the ugly step-sister of intellectual property. Patents, trademarks, and copyrights have traditionally been held to be federal concerns, while trade secrets have been seen as principally protected by state laws. Now, two senators want to allow the trade secret Cinderella into federal court by introducing a […]

Don’t Let Your Company Be a Software Theft Ring

Would you encourage your employees take a five-fingered discount from the office supply store? Probably not. Would you cheat a hard-working employee by not paying her? Of course not. However, in the press of the Great Recession, software piracy is still prevalent, and lax controls on software may be jeopardizing your company. When buying new […]


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