Category Archives: Business
Nah, No Employer Would Be That Dumb
One criticism of attorneys that non-attorneys ( better known as “real people”) have is that we spend too much time in the netherworld of hypothetical situations. Surely, no employer would ever: 1. Refuse to believe his assistant when she announced that she was pregnant, because she told him for the first time on April 1st; […]
Allergan’s IS a Botox Smile; or, No Mirth for Merz
Allergan, the maker of the first botulinium toxin cosmetic product (better known as Botox) is smiling today because it won a trade secret misappropriation trial against competitor Merz Pharmaceutical. Merz markets Xeomin, another botulinium toxin product that until recently was authorized only for muscle cramps. Allergan sued for trade secret misappropriation after Merz poached Allergan’s […]
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 […]
Expensive Waffles
Roscoe’s Chicken and Waffles used to have a restaurant near the Bay Oak Law offices in Oakland; an assistant used to visit nearly every weekend with her fiancé. Unfortunately, the Oakland branch closed a few years ago, and Roscoe’s is currently only in Southern California. Unfortunately, Roscoe’s was in the legal news today because it […]
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 […]
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 […]
Small Claims Court Limit to Increase
Governor Brown has signed a law raising the upper limits for some small claims actions. Beginning (presumably) January 1, 2012, the upper limit for some small claims court actions will be $10,000 for individuals (though only twice each calendar year). The limit for bodily injury claims against insured drivers is still $7500. Corporations or businesses […]
The Rapid Evolution of Mobile Apps
When I was a kid, on days when we couldn’t play outside, my friend Mike and I would play Pong on our TV sets. Growing up in the Los Angeles area, many of our friends wanted to be in Hollywood. Now, the video game industry has earned more than Hollywood movies for years. The San […]
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.
