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COPYRIGHT REGISTRATION – A PREREQUISITE FOR INFRINGEMENT LITIGATION

By | June 17th, 2016|Trademarks & Copyrights|

This article discusses the importance of registering copyrights in order to provide business owners and authors significant benefits, including statutory damages and reimbursement for attorneys’ fees, in the event someone infringes on their copyrights. A vital asset of many businesses consists of copyrights. Title 17 of the United States Code, commonly known as the federal [...]

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Statute of Limitations in California: Common Causes of Action

By | June 13th, 2016|Business Law|

What is a Statute of Limitations? In civil matters, a statute of limitations is a law which places a deadline on the time frame in which a victim may pursue a claim against a wrongdoer. This “deadline” varies depending on the cause of action involved, but whatever the time limit, once the statute of limitations [...]

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Making Breach of Contract Actions Worthwhile: Liquidated Damage and Attorneys’ Fees Provisions

By | May 30th, 2016|Business Law, Business Litigation, Commercial Law, Commercial Ligitation, Contract law|

business litigation attorney san diego As a business litigation attorney, I sometimes have the unpleasant task of informing clients that their “breach of contract” case is not worth pursuing because the legal fees and costs to pursue legal action are likely to exceed the recoverable amount in their case. With some foresight when [...]

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Liquidated Damages Clauses for Business Contracts

By | May 19th, 2016|Business Law, Contract law|

Our business clients sometimes wonder “what is a liquidated damages clause?”or “is the liquidated damages clause in my contract enforceable in the state California?” We focus on answering these questions in this blog article. There are many different types of contracts in which such a clause may be useful. However, the general intentions behind liquidated [...]

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Promissory Notes

By | May 12th, 2016|Business Law, Commercial Law, Contract law|

Put simply, a promissory note is a written promise to pay a definite amount of money on specified date(s) or on demand. The primary purpose of a promissory note is to evidence a loan amount, interest rate, if any, and other terms on which a loan is to be repaid. Depending on the type of [...]

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Fraudulent Inducement of Employment Contract

By | May 10th, 2016|Labor & Employment Law|

This article discusses California law with regard to fraudulent inducement of employment, a situation in which an employer is alleged to have made false statements to a prospective employee for the purpose of inducing the candidate to accept the employer’s job offer. It also explores the remedies available to an employee against an employer where [...]

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Starting a Business in California? Read this first…

By | April 30th, 2016|Business Formation, Business Law, Commercial Law, Corporate Compliance|

Introduction It is no secret that nine out of ten start-ups fail—that’s a full 90% of businesses that do not become profitable or are derailed for one reason or another. So what can you, as a prospective business owner, do to ensure you are one of the success stories? Starting a business in California [...]

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TRADEMARK MAINTENANCE: How Do I Maintain a Registration?

By | April 15th, 2016|Intellectual Property, trademark, Trademark, Trademarks & Copyrights|

A Trademark is a Living Asset If you have a registered trademark with the United States Patent and Trademark Office (“USPTO”), you have taken a very important step in protecting your businesses’ brand.  However, what happens after you receive that registration?  Do you own your trademark forever?  Not exactly.  Once you have obtained a federal [...]

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The “LITIGATION PRIVILEGE”; How Exposing a Defendant’s Disgraceful Misconduct in a Detailed Complaint can Motivate Settlement

By | April 13th, 2016|Business Litigation, Civil Litigation, Commercial Ligitation|

Introduction Filing a lawsuit is usually a last resort in resolving a dispute, or seeking redress when someone has cheated or harmed you.  When it comes to that, it is time to play hardball, which begins with drafting and filing a strong, persuasive Complaint.  A good litigation lawyer knows how important the Complaint can be, [...]

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Common Contract Clauses

By | April 6th, 2016|Business Contracts, Labor & Employment Law|

Common Contract Clauses Our business law clients often wonder why their contracts include some version of the following contract provisions. These clauses may seem unnecessary to a business owner or layperson. However, each of these common contract provisions does serve an important purpose in protecting a client’s interests, as described by our business lawyers below: Merger [...]

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