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…

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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…

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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…

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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…

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What Contractors Need to Know Under the California Right to Repair Act

The California Right to Repair Act, commonly known as SB800 is a bill that became effective as of January 1, 2003 establishing a mandatory procedure that must be used by homeowners who have construction defect claims against the builder, subcontractor, product manufacturer or design professional of a new construction (for the purpose of this article,…

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Think Before You Post on Facebook

 We have all had that moment where we have used Facebook to vent about our frustrations with someone. Besides the occasional post about our children’s accomplishments, what we had for dinner or political posts, many of us use Facebook as an outlet for our complaints. What could go wrong, right? Well, it seems that the…

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Strengthening Protection for Your Ideas Through Overlapping IP

Most business owners are generally aware of intellectual property and the legal protections it affords to different aspects of their business. However, in my encounters with the business community I am often surprised that most businesses, especially small and startups, are unaware of the power of overlapping IP to strengthen and enhance protection for their…

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Intellectual Property

Briefly, the term intellectual property is an umbrella of rights that include patents (utility and design), trademarks (trade name, logo or trade dress), and copyrights. Patents afford protection for ideas that are useful, novel and non-obvious. There are typically three types of patents that concern most businesses; utility patents, which protect the use, function and…

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