May 25, 2017This article posted on our partner site Mondaq.com reviews the case in which a golf ball manufacturer raised a complaint against Costco, who in turn brought an action for a declaration of non-infringement
May 25, 2017This article posted on our partner site Mondaq.com discusses the new 'Freelance Isn't Free' Act in effect in New York City, and the new requirements it establishes for all hiring parties, whether a corporation or an individual, who engage services from freelance workers.
March 23, 2017This article posted on our partner site Mondaq.com reveals the limited applicability of the common interest doctrine, which protects parties' express agreement to shield their communications.
January 19, 2017This article posted on our partner site Mondaq.com discusses how the SBA issued proposed rules that would establish a government-wide mentor-protege program for all small business types.
January 16, 2017This article posted on our partner site Mondaq.com discusses an ongoing patent battle between the University of California and the Broad Institute over the control of patent rights related to a revolutionary gene editing technology.
November 21, 2016This article posted on our partner site Mondaq.com provides an overview of ten intellectual property issues that should be addressed in technology sector mergers & acquisitions transactions.
November 21, 2016This article posted on our partner site Mondaq.com stresses the importance of determining ownership of Intellectual Property (IP) within a contract when dealing with independent contractors.
October 07, 2016This article posted on our partner site Mondaq.com addresses how small businesses can prevent losing contracts with government agencies when they are affiliated with a larger firm.
August 10, 2016This article posted on our partner site Mondaq.com talks about how businesses may desire to jointly solve problems under a mentor-protege definition, that, under specific rules, might trigger a definition of an 'affiliated business'.
June 01, 2016This article posted on our partner site Mondaq.com explores the benefits to Canadian entrepreneurs of using both Canadian and American based corporations.
May 20, 2016This article posted on our partner site Mondaq.com discusses the significance of two immunity provisions that apply to whistleblowers contained in new federal law (the Defend Trade Secrets Act).
May 05, 2016This article posted on our partner site Mondaq.com the author advises businesses on how they can update terms of use agreements. The author recommends websites make users agree to the modified terms...
April 29, 2016This article posted on our partner site Mondaq.com speaks about how online businesses can ensure that their website terms of use is enforceable. The author recommends that the website terms of use be...
March 04, 2016This article posted on our partner site Mondaq.com highlights the importance of obtaining the broadest possible rights in intellectual property created by an independent contractor in the course of their work for the hiring party (also known in the US as "work made for hire").
February 22, 2016This article posted on our partner site Mondaq.com discusses the decision-making of the location of the registered office (and books and records) as a strategy to choose the venue for litigation.
October 14, 2015This article posted on our partner site Mondaq.com looks at a Supreme Court decision in 2011 which mandated that courts should not dump the entire agreement as long as it can be enforced after severing the provisions which are unconscionable.
July 15, 2015This article posted on our partner site Mondaq.com discusses recent legal developments that have taken place with the advancement of Virtual Reality
April 24, 2015This article posted on our partner site Mondaq.com discusses the impact of the ratified Amendment 884 to the Alabama Constitution. The author states that with this amendment, Courts will not enforce foreign law if it contradicts Alabama law.
April 22, 2015This article posted on our partner site Mondaq.com discusses the changing regulations after a federal statute was enacted that prohibited federal funds to go to corporations who had confidentiality agreements which prevented the employees from reporting fraud, waste, or abuse to agencies.
April 15, 2015This article posted on our partner site Mondaq.com discusses the intellectual property challenges for designers and manufacturers of products amidst the advancements of 3D printing technology.
April 13, 2015This article posted on our partner site Mondaq.com discusses the benefits and, more importantly, the risks associated with designating workers as independent contractors in a contract.
September 09, 2014This article posted on our partner site Mondaq.com identifies primary concerns for a firm considering to enter a joint venture agreement viz. non-competition, confidentiality, liquidation clauses and defining the scope of the business opportunities.
May 16, 2014This article posted on our partner site Mondaq.com discusses how employers can avoid having their independent contractors classified as employees. The author discusses recent cases to suggest that employers should refrain from.
December 11, 2013This article posted on our partner site Mondaq.com illustrates why indemnification clauses should not be considered boilerplate, and why they should be reviewed frequently.
November 20, 2013This article posted on our partner site Mondaq.com talks about recent cases to illustrate the potential conflicts that can result from an uncertain termination date.
October 23, 2013This article posted on our partner site Mondaq.com sets out and discusses the various structures non-profit organizations can use to combine activities.
October 15, 2013This article posted on our partner site Mondaq.com informs the directors, officers, and other staff of non-profit organizations of the fifteen most common pitfalls with respect to their corporate by-laws and the ways to avoid them.
October 01, 2013This article posted on our partner site Mondaq.com provides a brief description on how the clean technology is emerging into a global industry.
August 19, 2013This article posted on our partner site Mondaq.com advises businesses on how they can insulate themselves from competitors (or opportunistic joint venture partners) seeking to poach employees or solicit clients.
June 21, 2013This article posted on our partner site Mondaq.com explains that an independent contractor cannot be asked to agree to a non-competition clause.
June 21, 2013This article posted on our partner site Mondaq.com states that independent contractors can sign confidentiality agreements, but employers who wish to maintain the independent contractor status (e.g., to avoid compliance with employee protection laws) cannot require them to sign non-compete agreements.
June 21, 2013This article posted on our partner site Mondaq outlines that if an employer attempts to hire someone as an independent contractor instead of an employee for benefits such as Obama care and minimum wages, they should not include a non-competition clause.
April 22, 2013This article posted on our partner site Mondaq.com explains why employers should include confidentiality clauses in their consulting agreements, and how to properly draft confidentiality clauses.
January 22, 2013This article posted on our partner site Mondaq.com discusses the importance of a choice of law and venue clause and why they are beneficial for a contracting party.
December 11, 2012This article posted on our partner site Mondaq discusses whether a Physician Employment Agreement can be terminated without cause or litigation.
July 25, 2012This article posted on our partner site Mondaq provides practice pointers for employers executing Employee Intellectual Property Assignment Agreements.
April 26, 2012This article posted on our partner site Mondaq.com uses case law to illustrate that the parties' home jurisdiction may not always be the best jurisdiction for choice of law.
February 29, 2012This article posted on our partner site Mondaq.com discusses benefit corporations and flexible purpose corporations, two subtypes of traditional business corporations that can be organized under the the California Corporations Code (as of 2012).
June 06, 2006This article posted on our partner site Mondaq.com cautions against prematurely sharing information or integrating personnel before closing a joint-venture agreement.
December 01, 2004This article posted on our partner site Mondaq.com is a guide to the evaluative criteria used by the Department of Housing and Urban Development (HUD) in determining whether a joint venture between a mortgage company and title company is a 'sham controlled business arrangement'.
May 14, 2004This article posted on our partner site Mondaq.com describes some of the considerations for the joint-venturing of a not-for-profit and for-profit entity.
November 02, 1999This article posted on our partner site Mondaq.com discusses the importance of properly incorporating clear and unambiguous technology transfer and license elements in a Technoloy Transfer Agreement.