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Business Law Archives

Unfair Competition Is Again Relevant in California Business Law

antitrust.jpgThe vernacular used in discussing unfair competition and antitrust in matters of business and commerce is often antiquated. Think, for example, of the term "robber baron," which was used to refer to titans of shipping, real estate, and other industries who acquired vast wealth by consolidating power and influence to thereby virtually control relevant markets. In doing so, the board game Monopoly might come to mind, with its old-time tycoon fashioning a bowler hat and spectacles.

The Updated 2017 Guidelines for the Licensing of Intellectual Property

copyright-law.jpgThe year 2017 has brought a considerable amount of political change across the country. While certain political developments receive never-ending media attention, other key policy changes fly completely under the radar. Of course, that does not make these changes any less important for the affected business. One area where this applies is the new federal intellectual property licensing guidelines. This new (lightly covered) new was announced at the beginning of this year by Federal Trade Commission (FTC) and the Department of Justice (DOJ). Here, our experienced Bay Area intellectual property lawyers discuss some of the most important changes in the updated IP licensing guidelines.

Is Your Business Facing a Lawsuit: Four Tips to Help You Win Your Case

lawsuit.jpgNo California business wants to face the tremendous hassle that comes with a lawsuit. If your company is being sued for any reason, whether it is a part of a contract dispute, a partnership dispute or an employment law issue, dealing with a lawsuit can be incredibly frustrating. The first thing you need to do is to consult with an experienced San Jose business law attorney. Your attorney will be able to determine what needs to be done to protect your company's legal rights and business interests. From there, you need to be sure to handle your case with due care. To help, our team has put together a list of four of our best tips for companies facing litigation.

California Breach of Contract: Tortious Interference Explained

contract-dispute.jpgIn California, it is unlawful for a third party to intentionally interfere with a commercial contract that has been agreed upon by two other parties. Indeed, this type of misconduct is known as tortious interference. Victims of tortious interference can bring a legal claim to hold the third party liable for any damages that they have sustained because of the contract breach. Here, our experienced San Jose business contract dispute lawyers discuss what you need to know about California tortious interference claims.

Five Things that Must Be Addressed in a California Franchise Agreement

franchise.jpgFor franchisees, their franchise agreement is the fundamental foundation of their investment. If you are considering putting your hard-earned money into a franchise in the Bay Area, it is imperative that you have a well-crafted franchise agreement. Your agreement must be clear and it must adequately protect your legal rights and business interests. Here, we list five critically important issues that must be addressed in your California franchise agreement.

Set-Off Rights Can Protect Some Creditors

creditor.jpgBusiness bankruptcy cases are challenging for all parties involved, including the creditors. This especially true for businesses that became a creditor without ever actually lending money. For instance, when a company enters bankruptcy, it often has active accounts payable or accounts receivable with other companies. This leads to some businesses becoming creditors in bankruptcy without ever engaging in the traditional lending business. It can also create a situation where a company both owes money and is owed money, by a company in bankruptcy. This creates a very confusing legal situation. Fortunately, a concept known as 'set-off rights' found under Section 553 of the Bankruptcy Code can help to clarify the situation.

Understanding a Creditors' Right to File for Bankruptcy Protection

creditors rights.jpgIn the vast majority of cases, companies voluntarily file for bankruptcy protection. While bankruptcy is generally associated with providing protection to debtors, it also provides some important legal protections for creditors. Indeed, creditors even have the right to file an involuntary bankruptcy petition. By doing this, creditors may be able to force a company into bankruptcy. While this does not happen often, the right to do so is incredibly valuable for creditors. As such, it is important to discuss what you need to know about involuntary bankruptcy petitions.

Tech Startups Must Consider the Value of Their Intellectual Property

start-up.jpgBeyond being home to some of the biggest tech businesses in the world, the Bay Area remains a top location for startups. As was reported in a study from the Ewing Marion Kauffman Foundation, a nonprofit organization focused on promoting entrepreneurship, San Francisco and San Jose-Sunnyvale-Santa Clara are both ranked among the top-ten regions in the United States to start a tech company. Of course, forming a new company comes with many challenges. Here, our Silicon Valley business law attorneys focus one of the most important aspects of starting a new tech company: Intellectual property rights.

Understanding Fraudulent Transfers in California

fraud.jpgDebtors are not allowed to 'give away' their assets in order to protect those assets from creditors. This is an issue in many bankruptcy cases, as some debtors try to find ways around the system. It is critical that creditors are fairly protected from any fraudulent transfers. Fortunately, California law offers creditors vital protections under the Uniform Fraudulent Transfer Act (UFTA). If you are a creditor in California, and you believe that a debtor has fraudulently transferred assets that you had a legal claim to, you need to contact an experienced San Jose creditors' rights lawyer attorney as soon as possible.

FCC Extends Import Information Waiver for Six More Months

FCC.jpgFederal regulations require that companies must comply with many different rules when importing radio frequency devices. One of these rules is a filing requirement. Complying with this filing requirement can produce a tremendous amount of paperwork. Though, in the summer of 2016, the filing requirement related to the import of devices was temporarily suspended. Recently, the FCC has announced the extension of the Form 740 Import Information Waiver for another six months. For now, this waiver is set to run until June 30th, 2017.

  • Santa Clara County Bar Association | 1917
  • American Inns of Court
  • CWL | California Woman Lawyers
  • Bay Area Bankruptcy | Forun
  • The State Bar of California
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