Posts by ADLI Law Group
Are Your Online Term of Use/Terms of Service Still a Binding Contract? Likely Not Anymore.
A website or app’s Terms of Use or Terms of Service (its “TOU”) is the contract between the site and its customers/users/visitors (“Users”). As with any type of contract, whether written (physically or digitally), oral or formed by conduct, mutual manifestation of assent is required for that TOU to be enforceable. A TOU governs such…
Read MoreHomemade Inventions Deserve Patents, Too
In my many encounters with inventors around the country, I find that many believe that patents may only be issued for completely new inventions. However, U.S. patent law does not require that a new product or process to resemble something from a science fiction movie; a useful modification or improvement of an existing device or…
Read MoreNot Your Grandparents’ Stock Market
Earlier in 2018, US Attorney General Jeff Sessions made a controversial move to rescind the Obama-era “Cole Memo” which created a safe haven for those state-based marijuana-related operations who were operating in compliance with the regulations of their respective states. As surprising as this move may have been at first glance, the reality is that…
Read MoreThe Lawyer as Counselor
Many lawyers – or at least some lawyers – or at least this lawyer – got into the profession because they wanted to help people. This help can be defined by many different roles, and accordingly the lawyer goes by many names (some of which are not fit for print here). But given all the…
Read MoreOverview of the New Parent Leave Act
With the turning of the calendar to 2018, a host of new laws in California, and employment law is no exception. This post explains how mid-size businesses must pay attention to an expanded law mandating unpaid leave for new parents. The New Parent Leave Act (SB 63) amends Government Code section 12945.6. Under this Act,…
Read MoreUsing Patents to Establish Brand
Small businesses and especially startups are often well aware of what a patent can accomplish for their businesses; provide a legal monopoly for their inventions for a period of time. And yet, the effects of a patent can go beyond protection of an invention and can include helping establish a strong brand for the business,…
Read MoreEmployers Have a Strong New Weapon To Protect Against Theft of Their Trade Secrets —If They Know How to Qualify For It
Fact–the theft of trade secrets, much of it cyber-theft, annually costs American businesses approximately $320 billion, with over 75% of trade secret lawsuits over the last two decades being brought against employees. To aid employers, Congress in May passed the Defend Trade Secrets Act (the “Act”). The Act adds a federal cause of action against…
Read MoreProperly Classifying Exempt Employees
Employers, start 2018 with a resolution you can keep. By ensuring you know who your exempt and nonexempt employees are, you can avoid one less headache in this new year. Employers who have or want to have exempt employees must be careful to ensure these employees meet various state and federal exemption requirements. California has…
Read MoreUpdate on Who Gets the Dog in the Divorce
Last year, I wrote about who gets the family pet in divorces in California. Apparently, the topic was also important to lawmakers in Illinois. They passed a bill that would allow the courts in Illinois to make determinations of who gets the family pet based on the well-being of the animal. Below is the language…
Read MoreBrands, Beware Too Much Influence Over Your Influencers
In an article for Law360, Paul I. Menes, Co-Head of the Entertainment and Media Practice at Adli Law Group, analyzes the possible effect of the recent California Supreme Court decision in Dynamex Operations West Inc. vs. The Superior Court of Los Angeles County can have on brands that use social influencers. Dynamex, which will apply to all…
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