October 9, 2019
On September 18, 2019, California Governor Gavin Newsom signed into law AB5, which is intended to redefine who is classified as an employee while working in the state. AB5 expands on and codifies the California Supreme Court’s 2018 ruling in Dynamex Operations West, Inc. v. Superior Court, which I wrote about in this blog post: Big Change in California Independent Contractor – Employee Law. It’s being written about as a law that applies primarily to gig economy “companies such as Uber and Lyft“, but the impact of AB5 will likely go far beyond Uber drivers. The full text of AB5…
September 25, 2019
There are a lot of circumstances when a well-crafted waiver document will be an asset for your business. A waiver is simply an agreement whereby someone agrees not to bring a legal claim in the case of a loss or injury. You agree to waivers all the time, often without even knowing it. When you go to a concert or a game, your ticket almost always includes language stating that you are assuming certain risks and agreeing not to sue. The same thing happens when you enter a parking lot, go in for a medical procedure, or attend a conference….
September 11, 2019
The United States Patent and Trademark Office (USPTO) recently issued a new rule that affects all trademark filings owned by parties based outside of the U.S. The rule is that, essentially, everyone who’s doing business with the Trademark Office must be represented by an attorney licensed to practice law in the United States. The new rule went into effect on August 3, 2019. The previous status quo didn’t include any such requirement. Foreign trademark owners could be represented by a foreign attorney or could simply handle their own U.S. trademark filings without legal counsel. The USPTO’s press release regarding the…
August 28, 2019
If you have a website or app that includes user-generated or user-submitted content, you are vulnerable to a lawsuit from the copyright owners of that content. This applies to all social media sites/apps and any apps/sites with public forums or other types of user content. The U.S. Copyright Act provides for statutory damages of up to $150,000.00 per infringement. The good news is that you are shielded from all such liability under the “Safe Harbor” provisions of the Digital Millennium Copyright Act (DMCA) – as long as you comply with all of the necessary provisions, including registration. In this post,…