Businesses often come up with clever products only to discover someone already holds the patent to all or a portion of the technology needed to implement their idea. In order to create their product, they need to enter into a license agreement with the owner of the technology. Even if there is no patent involved, … Continue reading Negotiating a Technology License Agreement
California court updates – COVID-19
By Ellen Gregory Landlord Tenant Law in the COVID-19 Age We have already heard from many clients needing advice on residential and commercial leases that are impacted by the COVID-19 virus and shelter-in-place orders. Tenants who are not working and cannot pay rent, landlords who need to understand their rights to evict tenants who can’t … Continue reading California court updates – COVID-19
AB 5 In a Nut Shell
California has used the 11 factor test set forth in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (Borello) for almost 30 years to determine whether an individual was an employee. The Borello test arose out of cucumber farming and focused on who has control over the work and who provides the tools. In Dynamex Operations West, Inc. … Continue reading AB 5 In a Nut Shell
Price Gouging and Evictions in the Wake of Destructive Wildfires or Other Natural Disasters
By Ellen D. Gregory The past couple of years have brought deadly wildfires to populated areas of both Southern and Northern California, further exacerbating the already stressed rental market. Most Californians are aware of the recent state-wide rent control bill signed into law on October 8, 2019. However, many are not aware of the separate … Continue reading Price Gouging and Evictions in the Wake of Destructive Wildfires or Other Natural Disasters
Intellectual Property Protection: Trademarks and Trade Dress
Your business is known by the brand you’ve created and, as you grow, protecting that brand becomes increasingly important. A well-done brand becomes synonymous with your reputation and you want to take steps to ensure that others don’t try to use your brand for their own purposes. While there are numerous steps you may use … Continue reading Intellectual Property Protection: Trademarks and Trade Dress
Summary of AB 1482 — Statewide “Rent Control” and “For Cause” Eviction Law
By Ellen Gregory You may have heard of it: the Tenant Protection Act of 2019, California now has rent control throughout the state. The law has two basic goals: (1) to control rent increases and (2) to reduce evictions that are not “for cause.” Although commonly referred to as “rent control,” the bill actually is … Continue reading Summary of AB 1482 — Statewide “Rent Control” and “For Cause” Eviction Law
Breaking News on Independent Contractors
I write this as California Assembly Bill 5 sits on Governor Newsom’s desk. It is more than likely he will pass this measure which clarifies and codifies the California Supreme Court Decision Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. (Dynamex). In Dynamex the court adopted a three part … Continue reading Breaking News on Independent Contractors
Environmental Citizen Suits
By: Ellen Gregory You’ve received a letter in the mail. The letterhead indicates it comes from an environmental organization you’ve never heard of. It says you have 60 days to respond or you will be sued for violations of state or federal environmental laws, or both. You are pretty sure your company isn’t violating any … Continue reading Environmental Citizen Suits
12 Steps to Take After Creating Your Corporation
Many Clients reach out for legal help after they have created a corporation and ask me what to do next ? The following is a short list of some “next steps” that likely need to be taken (specifically in California): Get an EIN from the IRS. You will need this and the articles to open … Continue reading 12 Steps to Take After Creating Your Corporation
Airbnb-To Host or Not to Host?
By Ellen Gregory Are you thinking about being an Airbnb host? Not sure where to begin? You may be the hospitable type and like the idea of having new, interesting people coming and going from your home, or you may just need some extra income to pay your own mortgage or monthly rent. Regardless of … Continue reading Airbnb-To Host or Not to Host?