Countering Unauthorized Postings on the Internet

The internet has provided owners of intellectual property with virtually instantaneous and unlimited access to vast new markets and opportunities.  On the other hand, the new medium has provided opportunities for copycats to make unauthorized use of others’ intellectual property works. The Digital Millennium Copyright Act (DMCA) provides a legal and procedural framework and mechanism…

Read More

Nanny Cam Recordings Ruled Admissible by California Court

In case you did not know, California is one of the few states that requires consent of all parties to a recorded conversation before the recording can be admissible as evidence.  In fact, if there is no consent, the recording can actually be considered a crime. This means that if you record a spouse, significant…

Read More

Priority of Mechanic's Liens

One of the most important aspects of the power of mechanic’s lien is its priority over other liens or deeds of trust.  Generally, liens on property follow the rule of “first in time, first in line” meaning that the priority of liens are determined based on the timing of the recording of the lien.  To…

Read More

Litigation vs. Arbitration vs. Mediation vs. Negotiation

You are about to engage in a legal dispute with an adversary. You know that legal disputes are typically resolved at a court trial before a judge or jury. But you remember glancing over the contract for the last appliance you purchased, and it included an arbitration clause, according to which legal disputes relating to…

Read More

Goodwill

Goodwill is a familiar term that most of us have heard and read about, and believe that we have a basic understanding of. Despite its familiarity, few business owners have a clear sense of what the term means or understand its application and legal implications for their businesses. There is probably good reason for this…

Read More

How Much Is A Patent Worth?

You are an inventor and are thinking about obtaining patent protection for your invention.  You understand that patents are a form of legally recognized property, known as intellectual property, and that they can be very valuable.  But you are also well aware that obtaining patent protection will cost money.  How do you determine the potential…

Read More

Importance of “Boilerplate” Terms in Contracts

The term “boilerplate” in contracts is often used to refer to miscellaneous terms and provisions, which don’t concern the main terms and conditions of the agreement.  For that reason, boilerplate provisions are often ignored or given short shrift by parties to contracts.  This is a mistake because boilerplate terms can be critical to resolution of…

Read More