Category Archives: Business Counseling
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 […]
New Tech, Old Parasites
Twits using your business’s name could destroy your company’s reputation before you even know about it. Twitter does have an anti-squatting policy, but every business should participate in the Twitter land rush by claiming its own name. Besides being a potential marketing device, claiming your business’s name prevents it from being claimed by someone else. It’s free and took me less than 30 seconds to do.
Privacy? You Don’t Got No Stinkin’ Privacy!
When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District Court of Appeal, May 16, 2011), the defendant challenged the search warrant to the internet service provider (“ISP”) that sought information […]
2 Min. Every 2 Years, Save $250
To save money, the State of California has stopped sending the biennial Statement of Information form that has to be filed, even if there is no change to any information. California corporation owners who in the past just filled out the form that they received may not know what to do, and this could be costly […]
What It Means to Be Your Consigliere
Contrary to popular perception, “consiglieres” date from times long before the 20th century. The term derives from the Latin “consiliarius” – a counselor. Every leader needs an advisor skilled in what the law requires – and what the law allows. Let’s start off with a few provisos. Bay Oak Law is a “classical” consigliere. It […]
Secure Your Routers! Redux
Without giving away too many details, we have been contacted by potential clients whose internet protocol information is being sought because it has been connected with illegal downloads of movies. However, these people only owned the wireless routers that were used to receive the movie; they did not download the movie themselves. Someone else downloaded […]
Client Question: Does the US Gov’t Own Copyrights?
“Kim Vanderheiden of Painted Tongue Press, which does custom design invitations, business cards, and greeting cards, among many others, asks: “Does the US Government and/or its branches own intellectual property rights on its forms and publications?” As a general matter, the federal government has no copyrights. 17 USC 105 says that “Copyright protection under this […]
Get It In Writing
When I discuss contracts with Business of Media students at Ex’Pression College for the Digital Arts , I give them four words of wisdom that I hope will outlast their memories of me. I tell them I want them to whisper these four words, like Charles Foster Kane whispering, “Rosebud,” on their deathbed. If my […]
Investing in a Little Law
A big worry for stockbrokers about 15 years ago was the rise of the day trader, people who would trade stocks on their own account, paying a minimal charge for each trade. Stockbrokers feared this would be a disaster, but it proved to be a boon. Day traders, focused only on the next trade, were […]
A Story, Short & Sweet, About Covenants Not to Compete
Business lawsuits can grind on for a long time, and become very expensive. While many lawyers like that, most clients prefer something short, and preferably very sweet, in the sense of winning at the end. Twice, though, I have been involved in cases that were short and sweet for our clients. The area of law […]
