Intellectual Property Basics
It is important to protect the intellectual property and proprietary aspects of any businesses’ goods and/or services. There are a variety of different ways to go about protecting your intellectual property, and it is important to determine what method will accomplish your goals effectively. It is therefore important to develop an understanding of the different intellectual property protection options. Depending on your company’s needs, you may want to consider either a patent,...
If you are interested in buying or selling a franchise in California, it is important to be familiar with the applicable law before taking action. California franchise law is largely governed by the state’s Franchise Investment Law, which was enacted in 1970.
One of the major requirements of California’s Franchise Investment Law is that franchisors must register with the California Department of Business Oversight before selling or offering for sale franchises in California. An “offer” or “offer to sell” includes every...
The discovery of mold on rental property usually means costly remediation and litigation between the tenant(s) and the landlord. However, California is one of the few states that have taken steps toward establishing permissible mold standards. California's "Toxic Mold Protection Act of 2001" authorizes the state's Department of Health Care Services (“DHCS”) to set permissible levels of indoor mold exposure for sensitive populations, which include children and people with compromised immune systems. The California law also allows the DHCS...
California law provides tenants with a right of quiet enjoyment of the property they are renting. This right requires a landlord to ensure that tenants’ use and enjoyment of the property will not be disturbed. The right to quiet enjoyment is heavily protected in residential lease agreements and cannot be waived. However, the right to quiet enjoyment may be waived in commercial lease agreements, and therefore showing constructive eviction in commercial leases is often more...
It is common practice for retailers to search their employees before they leave work. In a recent United States Supreme Court opinion, Integrity Staffing Solutions v. Busk, the Court ruled that workers do not have a federal right to be paid for the time spent in these post-shift employee searches. This decision will save businesses billions of dollars, including companies like Amazon, who is projected to save over $100 million.
In the opinion the justices unanimously rejected former...
An indemnification clause is often found in contracts and is designed to protect one party from financial loss, and shift the risks and any potential loss to another party. Usually, the risk of loss is shifted to the party who is in the best position to control and prevent the risk at issue. While an indemnification clause is a great term to have in a contract to protect parties from certain events, they can...
A common issue that arises in California property law surrounds public coastal access. In September 2014, a California Superior Court judge ruled in favor of coastal access advocates by holding that a property cannot block the only public access route to Martins Beach (located less than an hour outside of San Francisco, California), without permission from the Coastal Commission, and demanding the property owner to open the gate blocking access to the beach.
The case,...
Previously on our blog, we discussed the enforceability of non-compete clauses. It is important to be familiar with the concept not only for contracting purposes, but also from the standpoint of being either an employer or employee. Recently, this issue has been in California state news, as it appears that large companies are trying to enforce non-compete clauses that are found in employment agreements of low-wage workers.
The case at issue involved Benny Almeida, a former employee...
California law requires corporations, limited liability companies and common interest development associations to update the records of the California Secretary of State on an annual or biennial basis by filing a statement of information. Keeping up with these yearly corporate filings is necessary in order to maintain good corporate standing and avoid penalties and fees.
If you do not file an annual statement of information and pay the accompanying nominal fee, the Secretary of State...
In California, Close Corporations are creatures of statute. They are not judicially created as they can be in other states. Therefore, in order to benefit from the legal protections of a Close Corporation, it must be properly formed and meet all statutory requirements.
A Close Corporation is designed to give its shareholders more control over the operations of the business and allow for a flexible management model. A California Close Corporation may not have more...
