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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.

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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

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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)

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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.

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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.

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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.

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Domain Name Switch Costs More Than Banks Bargained For

Insight November 14, 2011

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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.

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CA AG Gets Aggro Over False Claims of Bottle Biodegradability

Insight November 01, 2011

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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?).

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SEC Loosens Control on Shareholder Limit under the Private Company Flexibility and Growth Act

Insight Michael Moradzadeh Michael Moradzadeh · November 01, 2011

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

The Private Company Flexibility and Growth Act (H.R. 2167), referred to as the “Facebook Rule” by many internet bloggers, was introduced in the House by Rep. David Schweikert (R-AZ) on June 14, 2011. Its main theme is to increase the shareholders of record threshold requiring the mandatory registration of a private company with the SEC from 500 to 1,000 shareholders. The act modifies the original shareholder limit that was established by Section 12 (g) of the Securities Exchange Act in 1964 and has not been revised since. It also exempts accredited investors and employees from that count.

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2011 America Invents Act:  How will the patent reforms impact startups?

Insight October 19, 2011

After several sporadic decisions issued by the Supreme Court impacting the US patent system and years of debate about how the system should be improved, Congress recently passed the Leahy-Smith America Invents Act (HR 1249).  President Obama signed the Act into law on September 16, 2011.  The text of the Act can be found here.

The provisions of the new law have a variety of effective dates.  Some of the changes take effect immediately.  Fee increases will be instituted on September 26, 2011.  Other changes will not be implemented until 2012 and 2013.

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