Save as PDF RSS Feed Subscribe

Who Owns The Copyright In Work Created By A Contractor? A Trap For The Unwary

Insight December 29, 2011

It’s really basic: ownership of the copyright in work a business pays for can often be critical for successful commercialization of that work. Unfortunately, the U.S. Copyright Act contains arcane provisions that will often produce a counterintuitive result – leaving full copyright ownership with the contractor. How could this possibly be??

Continue Reading…

Stop Online Piracy Act: fair play or a stacked deck?

Insight December 22, 2011

Currently under debate in the U.S. House of Representatives, the Stop Online Piracy Act (“SOPA”) would provide the Attorney General and copyright holders with tools to combat copyright infringement and trafficking of counterfeit goods. Whether the bill goes too far, though, is under heavy scrutiny. Opponents to SOPA, including Internet giants such as Google and Facebook, worry that the bill will result in Internet censorship akin to China’s Internet firewall. Others, including the RIAA and MPAA, believe it is necessary to protect U.S. intellectual property.

Continue Reading…

Stopping Online Piracy - One Way or Another

Insight December 20, 2011

The Stop Online Piracy Act (SOPA), currently the subject of hearings in the House Judiciary Committee, has generated interest far beyond the community of copyright lawyers.

Continue Reading…

Scott Raber Joins Rimon P.C.‘s Litigation Group in San Francisco

News December 14, 2011
San Francisco, CA – Dec. 9, 2011 – Rimon P.C., an international corporate law firm, announced today that Scott Raber  has joined its San Francisco office as a Partner in Rimon’s Litigation, Employment, and Healthcare practice groups. Mr. Raber previously practiced with the global law firm Latham & Watkins in

Continue Reading…

How to Evaluate Terms and Conditions, for Law Firms and Lawyers

Insight Yaacov P. Silberman Yaacov P. Silberman · December 06, 2011

In my previous post, we began discussing how to choose a vendor of cloud computing services. This inquiry is particularly important for law firms that rely heavily on cloud computing technology, including alternative law firms and the firms subscribing to the virtual law firm model. This article provides a brief overview of a few key things to look out for when evaluating a cloud vendor’s terms & conditions. It is not an exhaustive treatment of the issue.

Click here for 1 hours of CLE Credits (Ethics)

Continue Reading…

Reebok Pays $25 Million For Deception

Insight November 29, 2011

On September 29, 2011, the Federal Trade Commission (FTC) issued an Order for Reebok International (RBK) to pay $25 million in refunds to consumers of its EasyTone and RunTone shoes (Reebok Toning Shoes),  and permanently enjoined Reebok  from making claims that such products are effective in strengthening muscles or that wearing such products will result in quantified percentage or amount of muscle toning or strengthening. Since the Internet has spawned a deluge of new marketing channels, Internet attorneys, marketers and advisors need to become sensitive to laws relating to deceptive advertising.

Continue Reading…

Hey, Chick-fil-A: Eat (More) Crow! This is not Trademark Infringement.

Insight November 29, 2011

  Do you imagine crow tastes good with chicken?  Maybe we should ask the legal eagles representing Chick-fil-A, whom I suspect now have first-hand knowledge of the answer to that question.

Continue Reading…

Independent Contractor Versus Employee: New Law Ups the Ante for Misclassification

Insight Michael Moradzadeh Michael Moradzadeh · November 27, 2011

This blog post was prepared by Inna S. Wood and Michael Moradzadeh. 

Approximately one month is left for California employers to revise their employment contracts. The bill (SB 459) introduced by Senator Ellen Corbett on February 16, 2011 on employees’ misclassification was signed into law by California Governor Jerry Brown on October 9, 2011. It adds two new sections to the California Labor Code (i.e., Sections 226.8 and 2753) which establish the liability of employers for misclassifying their employees as independent contractors. The law becomes enforceable on January 1, 2012.

Continue Reading…

Domain Name Switch Costs More Than Banks Bargained For

Insight November 14, 2011

Switch DC 253x300

Back when the internet was still the Wild West, prospectors raced to register domain names comprised of third parties’ brands for the purpose of selling the domain name registration to the brand owner at a premium.  Congress and ICANN acted to remedy this through the Anti-Cybersquatting Piracy Act (ACPA) and Uniform Domain Name Dispute Resolution Policy (UDRP) respectively.  Somehow, some people missed that legal development, including a Canadian fellow named Dorian Banks.

Continue Reading…

CA AG Gets Aggro Over False Claims of Bottle Biodegradability

Insight November 01, 2011

Capture 300x243
The good folks at the Huffington Post last week reported that California Attorney General (AG), Kamala Harris, filed a lawsuit on October 26, 2011 against ENSO PlasticsBalance Water and Aquamantra for making the alleged greenwashing claims that their bottles are “100 percent biodegradable and recyclable.  “Such claims violate California law, specifically California AB 1972, which prohibits the sale of plastic bags, and plastic food and beverage containers that are labeled as “biodegradable,” “degradable,” “decomposable.”  AB 1972 was signed into law on September 27, 2008 by then-California Governor Arnold Schwarzenegger and became effective on January 1, 2009.  Recently, California Governor Jerry Brown signed California Senate Bill 567 into law, which expands AB 1972 to banning the terms “biodegradable,” “degradable,” “decomposable” from use on all plastic products sold in California starting in 2013 (manufacturers take note!).  Additionally, CA Business and Professions Code Section 17580.5 makes it unlawful to violate the FTC Green Guides, about which I wrote herehereherehereherehere, and here (yeah, I’m kinda passionate about responsible business and responsible marketing; can you tell?).

Continue Reading…