New Severance Restrictions in California

In January, Senate Bill 331 went into effect. An expansion of the STAND Act passed a few years ago, S.B. 331 now makes it unlawful to use confidentiality provisions in settlement and separation agreements that would silence a person who has alleged discrimination or unlawful activity in the workplace. Moving forward, employers must make sure they act in accordance with this new legislation when they find themselves Read More

Public Domain and Copyfraud – What Am I Allowed to Use?

In the modern world of video streaming, NFTs, and more digital content than ever before, our copyright system has truly been tested. Content creators and other creatives may be confused as to what content they’re legally allowed to use and understandably so. The purpose of this blog is to clarify how works enter the public domain and how to protect yourself from copyfraud claims. Understanding Public Read More

What Are the Differences Between Trademark Infringement and Dilution?

While both are bad for your business, trademark infringement and dilution impact your brand in different ways. As such, they are treated differently under United States trademark law and have different requirements for litigation. The differences between the two could be important to how your business handles any trademark disputes that may come your way. Infringement Requires Product Confusion The standard by Read More

The Advantages a Federal Trademark Could Bring to Your Business

While small businesses may be able to operate with a local trademark, businesses seeking expansion and growth may want to register their trademarks federally to turn them into valuable assets. If your business wants to begin operations overseas or over the internet, a federal trademark can be an important first step. Federal Trademarks Provide Protection Outside of Your Area Without a federally registered Read More

The Future of PAGA Claims

The California Labor Code has always been a difficult area to litigate, but the landscape of one of the United States’ most contested areas of law may change drastically soon. Depending on the decision of the Supreme Court in the upcoming case of Viking River Cruises Inc. v. Moriana, PAGA (the Private Attorneys General Act) will either be upheld as is, or the Supreme Court will rule that the FAA (Federal Arbitration Read More

Three Signs You May Want A Business Divorce

Many businesses are started by friends and/or family members working together. It can be exciting and fun to build a business with your partners, but sometimes disagreements arise that are not resolvable. If you feel that your business partner has become an active detriment to your company, or if your relationship simply isn’t working out, it may be time for a business divorce. While there are many different reasons Read More

Copyright in the Era of NFTs

Whether you’re an avid NFT investor with a large gallery, a curious traditional investor wondering what this new market is, or an artist who has discovered their art being repurposed as an NFT, it’s important to know the implications of copyright within this space. Because these NFTs commonly feature some sort of art or photography, and some NFT projects are not quite up to snuff, there have been multiple projects Read More

New Wage Theft Laws Create New Risks for Business Owners

The Wage Theft Criminalization Bill that went into effect at the start of 2022 allows for new penalties against employers, meaning that you could be convicted of a felony and sentenced to jail time if found guilty of wage theft. Now is not the time to be caught out of compliance, so we’re clearing up some specifics on how the bill works and how you can ensure your business stays in the clear. What qualifies as Read More

Clarifying California’s Overtime Exemption Laws

For California business owners, figuring out overtime exemption laws can be difficult. There are a long set of qualifications for who is exempt and from what they are exempt. These exemption laws were created to make it easier for employees to work odd hours at their own discretion when circumstances required such flexibility. Today we’ll be clarifying the overtime exemption laws so your business can ensure it Read More

California Updates Labor Code to Allow Liens Without a Court Order

Last fall, California's governor signed Bill 572, resulting in an amendment to the Labor Code. This updates the Labor Commission’s ability to create liens against the property of business or business owners for the purpose of repaying wage-and-hour claims made by employees. Previously, the Labor Commission needed a court order to create a lien, but as of January 1, 2022, a court order is no longer required. Instead, Read More