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,...

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...

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,...

Ponzi schemes endanger investors and securities professionals, but these victims are not without recourse. Investors who fell victim to such schemes may pursue compensation from the brokers and other entities that perpetrated the fraud. They may also bring a clawback suit.  A Clawback suit allows them to seek compensation from the early investors who either knowingly or unknowingly benefited from their early involvement. A common type of clawback suit is brought through federal equity receivers or...

Contract performance is on one of the main sources of contract disputes, i.e., situations where there is late performance of the agreed upon terms, no performance, or performance that does not adequately match the contract terms. Generally, one party’s minor delay that does not significantly impact the overall contract or cause a material breach will constitute “substantial performance” and will not relieve the other party from performance. It is important to note, however, that...

Certain contract terms can limit liability exposure from potential lawsuits and other claims that may arise. These terms are generally found in limited liability clauses. Certain contractual terms can also limit damages, such as a liquidated damages clause. For these terms to protect contracting parties from liability, they have to be properly drafted and in line with California law. Limited Liability Limited liability clauses are permitted by California law, but courts will strictly construe such contract...

Boundaries are the lines defining the location of a parcel of real property. Boundary disputes frequently arise between homeowners, business owners, private individuals, and the government. These disputes sometimes arise because of misunderstandings, but more often they are just disagreements about ownership, land use, and property lines. Other property disputes involve disagreements about the boundaries. These disputes can arise from changes in property ownership, conflicting property descriptions, or even changes in the physical property. Just as...

Specific performance is a type of remedy available in some contract disputes where a plaintiff requests that a court enforce the contract in question and force the defendant to perform the agreed upon terms instead of or in addition to paying the plaintiff money damages. It is most commonly used when there is a dispute over the purchase and sale of real estate. Specific performance is an important remedy because real estate projects often involve...