Category Archives: Employment
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 […]
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.
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 […]
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 […]
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 […]
An NDA Can Save the Day
Bay Oak Law’s Laura Koch provides a timely reminder about the importance of Non-Disclosure Agreements: NOOK Lawsuit Demonstrates the Importance of Non-Disclosure Agreements Barnes & Noble, Inc. (B&N) has failed to persuade a federal judge to end a lawsuit regarding its NOOK® eReader. Spring Designs, Inc. claims that the corporate giant used its confidential information […]
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 […]
Litigation and War
By: Andrew K. Jacobson ©2004 In his autobiography, “My American Journey,” former Joint Chief of Staff Chairman General Colin L. Powell presents several tests to determine when the nation should commit to battle. These tests eventually became known as the “Powell Doctrine.” These tests are as applicable to litigation as they are to war: Commit […]
