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BATTLING A TRADEMARK INFRINGEMENT LAWSUIT

By | 2017-04-26T11:47:41+00:00 April 26th, 2017|Civil Litigation, Intellectual Property, Trademark, Uncategorized|

What is trademark infringement? In a nutshell, trademark infringement is the unlawful use of an established trademark or a confusingly similar one with the same or similar goods or services. Depending on the circumstances, a trademark owner who believes its mark is being infringed may file a civil lawsuit in either state or federal court. [...]

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Are Class Action Waivers Enforceable in California?

By | 2017-04-11T07:56:05+00:00 April 11th, 2017|Civil Litigation, Contract law, Labor & Employment Law, Uncategorized|

While there is no doubt California courts have openly expressed hostility toward the enforcement of class action waivers, state court and ninth circuit court decisions finding such waivers unenforceable have been consistently reversed on appeal to the United States Supreme Court, where the waivers are contained in an agreement to arbitrate pursuant to the Federal [...]

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HEARSAY – WHAT IT IS AND WHAT IT ISN’T

By | 2017-04-26T08:37:02+00:00 April 4th, 2017|Business Litigation, Civil Litigation, Commercial Ligitation|

Introduction If you are involved in a legal dispute, are unable to settle it, and find yourself in trial, you and your trial attorney will be required to present your claims (if you are a plaintiff) or your defenses to the other side’s claims (if you are a defendant). How exactly you and your attorney [...]

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Expressing Your Wishes and Mitigating Tensions Through Letters of Intention

By | 2017-03-29T22:51:52+00:00 March 29th, 2017|Estate Planning|

The estate planning process can be an overwhelming experience for clients. After all, we are discussing a pretty unpleasant topic (your ultimate demise), and what will happen when you’re gone. It is an inevitable part of life as we know. In some situations, there is a gap between how I, as an estate planning attorney, [...]

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Look Before You Leap! Don’t Sue for an Uncollectable Judgment

By | 2017-03-19T23:20:47+00:00 March 19th, 2017|Business Law, Business Litigation|

When a client walks in the door and says “I really don’t care about the money, it’s just the ‘principle’ of the matter,” the wise lawyer may reply: “You shouldn’t sue for ‘principle’, unless it’s ‘principal plus interest’”, i.e. money. The meaning of this old pun, of course, is that the only satisfaction likely to [...]

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Legal Considerations When Buying a Business: Summary of the M&A Process

By | 2017-03-08T23:12:01+00:00 March 8th, 2017|Business Law, Contract law|

Thinking of buying a business? For any arms’ length transaction, it is critical that buyers take certain steps during the purchase process (also referred to as the M&A process) to protect their legal and financial interests. Assuming the buyer has already identified a viable target company to purchase, we summarize here the essential next steps [...]

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CONSIDERATIONS IN CHOOSING A TRADEMARK

By | 2017-02-14T13:23:49+00:00 February 14th, 2017|Trademarks & Copyrights|

The process of developing a successful brand for your business can be difficult and overwhelming.  One must consider a variety of factors, including the products or services that will be associated with a specific mark and decide how to effectively market them with a strong, unique brand, such that consumers will develop trust and goodwill [...]

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Importance of Annual Meetings for California Corporations

By | 2017-02-03T12:48:15+00:00 February 3rd, 2017|Business Law, Contracts, Corporate Law|

Did you know that failing to address your company’s corporate and legal compliance issues can lead to costly and avoidable consequences such as: -Legal claims by employees, shareholders, vendors or customers -Personal liability of owners/managers for company obligations -The potential for a dissolution of your company -Limited access to new capital or loans -A negative [...]

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WAIVER OF UNKNOWN CLAIMS UNDER CALIFORNIA CODE §1542

By | 2017-01-30T09:40:51+00:00 January 30th, 2017|Business Litigation, Contracts|

Introduction In settlement agreements, one or more parties may waive their right to pursue recourse against other parties to the agreement in return for some form of consideration, such as a payment of money. However, what if a party is unaware of certain claims they may have against the party they are releasing--could they then [...]

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Considerations in Settling a California Dispute

By | 2017-01-30T09:34:32+00:00 January 17th, 2017|Business Litigation|

In a prior Blog Article published here Dec. 8, 2015 (“Filing a Lawsuit to Secure a Prompt & Enforceable Settlement”), we discussed the advantages of filing a lawsuit, even where you know from the outset that the other party will likely agree to settle, so you can use a “Stipulated Judgment”, under CA Code of [...]

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