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Recent Blog Posts

The Three Tolls

Every prospective litigation client needs to know the three tolls of litigation. A Lawyer’s Time is (Your) Money. When we talk about the cost of litigation, we usually think first of a lawyer’s time and expenses. These can be overwhelming (and some lawyers don’t help by brutally overcharging for their time, and surcharging (i.e., adding […]

You Gotta Admit, It’s Getting Better

One of the few things that every political persuasion agrees upon is that “everything sucks.” But could that be because we haven’t noticed real improvements around the world? A few notes: Worldwide poverty is still declining. More than a billion people have been lifted out of abject poverty in the last 25 years. This is […]

Business in the Time of Covid19

As of March 16, 2020, everyone has been urged to work from home, if possible, and it is likely to last several weeks, or even months. Here are some things a small business owner can or should do to maintain operations and protect the business during this time. The media is full of stories about […]

New Year, New California Laws for Employers

It’s a new year, so California has new laws now on the books! The biggest new law is the one about new restrictions on independent contractors v. employees, which we’ve covered elsewhere. However, there are plenty of new laws that affect employers. Failure to Pay Employee Penalties. California employers already know that failing to pay […]

A-B-C – EASY AS 1-2-3

California employers need to have their heads up:  California is in the middle of a huge re-balancing of the rights between employers and workers. Guided by the idea that employees are most companies’ best asset, California is cracking down on tactics that abuse worker’s rights. That includes traditional practices like using independent contractors. California is […]

Civil Litigation

A Copyright Farewell to Justice John Paul Stevens

The Forrest Gump of the Supreme Court, former Justice John Paul Stevens, died on July 16, 2019, at the age of 99. Entitling him as “Forrest Gump” is to honor him, as being around some of the most significant events of the 20th Century. He met Amelia Earhart. He received from Charles Lindbergh a caged […]

Close v. Sotheby’s Inc.: A Major Change in Artists’ Royalty Rights in California

In the 2018 case Close v. Sotheby’s Inc., 894F.3d1061 (9th Cir.2018), the United States Court of Appeals, Ninth Circuit held that the California Resale Royalties Act (“CRRA”), first made effective January 1st, 1977, is preempted by the 1976 Federal Copyright Act. California’s adoption of the The California Resale Royalties Act granted California artists an unwaivable […]

Boilerplate Protects Your Business

Do you know the term “boilerplate language?” Some people don’t.  The legal term “boilerplate,” is used for terms used again and again. It derives from the sturdiness and protection of the metal plate for boilers. When boilers didn’t have enough boilerplate, they exploded and disaster ensued, like the Sultana disaster, left.  Small business owners need […]

Protecting Your Trade Secrets Starts with Knowing What They Are

  Small business owners are the hardest-working people around. They are usually either the ones who unlock the door in the morning, or the one to lock up at night – or both. But keys and doors only protect so much:  are your most valuable assets — your trade secrets —  protected 24 hours a […]

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