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Category Archives: Uncategorized

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 […]

AV Preeminent: Andrew Jacobson Receives Peer Review Rating™ for Bay Oak Law from Martindale-Hubbell®

This just in — Martindale-Hubbell has just given Andy Jacobson the “AV Preeminent” Rating for Business Law, Intellectual Property, and Labor and Employment. That is the highest rating available for both legal ability and ethics, and it was chosen by Andy’s peers . We very much appreciate everyone who provided a rating.   Read what […]

Congress Saves Social Media by Nixing the Non-Disparagement Clause

As it has exploded into prominence, social media is a regular fixture in the legal news. Entire generations live through their social media links, finding friends, products, and restaurants online. Instead of a single review from a newspaper or magazine, you get feedback from actual regular customers – sometimes in the hundreds. Non-Disparagement Clauses. As […]

Yelping About Yelp

  Yelp and other business profile websites are a common sore spot for many businesses. At a minimum, it is a free service to advertise your business, showcasing your products or services and attracting customers. However, there are strings attached. Yelp also offers its subscribers the chance to review businesses online. Every once in a […]

Employment Law Update – How up to date are you?

By Daniel Richardson   Is your employee handbook up to date? An up to date employee handbook is important because it outlines for the employee the employer’s policies and procedures as well as establishing the expected standards. Using an employee handbook from the outset of the employment relationship to establish expected standards can be invaluable […]

Employment Law Update – How up to date are you?

By Daniel Richardson   Is your employee handbook up to date? An up to date employee handbook is important because it outlines for the employee the employer’s policies and procedures as well as establishing the expected standards. Using an employee handbook from the outset of the employment relationship to establish expected standards can be invaluable […]

Unclassy Action

By Andrew Jacobson The class action lawsuit that engineers brought against seven of the biggest Silicon Valley companies has been tentatively settled for about $324 million. Divided equally among the 64,000 class members after paying attorneys’ fees, each engineer would get about $3,500 – about one paycheck per engineer, hardly the mother lode some were […]

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 […]

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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