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This article details a Silicon Valley legal news story which lies at the nexus of antitrust laws and employment agreements. The reason? Several tech employers allegedly agreed not to poach employees from another, and this article explains...
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This article shares information about an ongoing program sponsored by the USPTO about a program targeted towards inventors who qualify as a "small entity." It details some of the forms of assistance provided by this program and highlights other...
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This article reviews litigation stemming from contestants on Abu Dhabi's answer to the popular television show The Apprentice. The background (as related by the article) involves a deal between two contestants to split the prize money and later...
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This article analyzes a recently-passed California law which requires certain notices be given in writing to newly hired employees at the time of their hiring. The article details the types of notices required by the new law and points to a...
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This article reviews the pros and cons of the various forms of business entities available throughout the United States. Although the entities so profiled are not exhaustive of business forms available across all fifty states, the article does...
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Recently passed legislation in California restricts the ability of employers in the state to use credit reports in making their employment decisions. This article reviews the motivations behind the legislation, and, importantly, the exemptions...
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Many entrepreneurs start their businesses to fulfill socially responsible goals, and many states have provided special corporate forms for corproations which seek to benefit more than just their shareholders. This article calls attention to...
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When large companies file trademark infringement lawsuits against smaller businesses, some refer to it as trademark bullying while others call it brand protection. Either way, when bigger businesses begin to flex their trademark muscles,...
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This article examines a constitutional limitation to copyrights which must be kept in mind when dealing with state institutions--the Eleventh Amendment of the United States Constitution does not let citizens sue states without the state's...
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A "most-favored nations" clause ("MFN") in a business contract refers (in short) to a guarantee that such contract's counterparty will receive any better deals which you offer to other customers. MFN clauses can help you land important...
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This article details an additional requirement which California imposes on real estate brokers who want to operate under a fictitious business name (also called "doing business as", or a "DBA name"). California requires that real estate brokers...
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Delaware is the most common state to incorporate, so changes in the Delaware courts can have huge implications for a great deal of businesses. This article reviews a recent change which was recently tested in a merger dispute--the Delaware...
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This article examines a recent trademark dispute between Apple and a much smaller Arizona company, and provides an example of how trademark disputes actually work in practice. Although we don't know exactly why the smaller Arizona company...
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One of the most talked-about subjects regarding the recent America Invents Act is whether the patent reform it enacted will help or hurt small businesses and individual inventors. This article looks at comments from serial entrepreneur Steve...
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The copyright and patent infringement spate of suits and countersuits between Google and Oracle has been a mainstay in the business pages this year. However, there are lessons to be gleaned for small businesses from this battle of tech titans,...
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This article provides a primer on the place and influence of the principle of fair use (an important limitation on the exclusivity granted by a copyright) within American copyright law. It lists the factors which are used to determine if a...
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Amazon's sales volumes make it a tempting target for states to tax, and many taxes which are targeted at Amazon will end up affecting other companies engaged in e-commerce. This article updates the attempts of California to tax the web...
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Websites which allow third-party users to publish content provide fertile ground for copyright infringers. Copyright law provides procedural requirements for those websites when they are notified of potential copyright infringement. This...
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James Cai's look at the America Invents Act focuses on the White House's claims about the new law's economic impact and the importance of the new first-to-file registration system.
- Summary by FizzLaw Team
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This article reviews the meal break requirements for employees in California, and notes some of the penalties which can befall an employer which does not comply with the state's guidelines.
- Summary by FizzLaw Team
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Patent litigation has driven two newsworthy deals lately--a consortium (which included Apple and Microsot) banded together to purchase a portfolio of patents from Nortel, and more recently, patents are theoretically responsible for much of the...
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As James Cai notes, when you start up a business, one of the very first questions you need to answer is what form (if any) you want your corporation to take. In this post on his firm's blog, Mr. Cai explains the features of the various forms of...
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James Cai is an experienced patent attorney, and as such he has been asked many, many questions about patents. In this blog post, he answers some common frequently asked questions about patents. Mr. Cai explains what a patent is, what...
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Entrepreneurs seeking money often sign a "Term Sheet" with potential investors. These term sheets, as James Cai explains, are used to negotiate the terms of the investment in the entrepreneur's startup. These term sheets, although not an...
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James Cai notes that sellers in "as is" real estate transactions still must disclose important information about the property they are selling to the purchaser. Mr. Cai lists five aspects of the property (and the rights attached to it) which...
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Since we are focused and efficient small firm, we have less overhead which translates to significant saving to our client. Our goal is to delivery a high level of legal services at very competitive rates in today's legal market.
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In this blog post, James Cai explains the idea behind, and some nuances of, the statute of limitations. He explains what it basically is, when it varies, and exceptions to the idea.
- Summary by FizzLaw Team
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James Cai explains the Irrevocable Life Insurance Trust ("ILIT") in this highly detailed article. He outlines the substantial potential estate tax benefits from a properly constructed ILIT. Mr. Cai also, of course, explains how to...
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In this article, James Cai explains the Statute of Frauds, a type of state law which can have a dramatic effect in real estate (and, admittedly, other kinds of) litigation. Mr. Cai explains how the Statute of Frauds encourages written...