When Should I Use Patent Protection, Trade Secret, or Both?

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Intellectual property owners can protect certain information either by obtaining a patent or by maintaining its secrecy. A patent provides strong, exclusive rights for a fixed period of time, generally twenty years. A trade secret may last indefinitely, but protection can be lost through independent development, reverse engineering, or failure to maintain secrecy. There are …Read more

Copyright Infringement Can Ensnare Unsuspecting Artists

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If you’re an aspiring artist, make sure you get written approval to use any of the artwork or photography included in your work or in its promotion. If you act in concert with a promoter or record company to wrongfully use another person’s work, and benefit financially from those activities, you may be liable for …Read more

How and Why You Should Copyright Your Software

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If you dream of building a software development company, it’s no exaggeration to say that without your software, and the legal ability to commercialize it, you have no business. Other than your people, your proprietary software is your most valuable asset and needs to be protected from competitors and secured from unintended internal uses that …Read more

Independent Contractor or Employee? How to Choose Properly

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One of the most common ways an employer gets into hot water is to improperly classify an employee as an independent contractor (“IC”). This is an important issue for businesses for a few reasons. There is no single, simple rule you can use to determine the proper employment status of an individual you hire to …Read more

How to Respond to Government Inspections

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How would you respond to a staff member who called to report that a company facility was receiving an unexpected government inspection?  The agents could represent federal or state environmental, health and safety or taxing authorities.  Almost certainly they will be requesting access to your company’s facility or offices in short order, perhaps immediately. Is …Read more

Legal Protections for Your Software Products

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In the modern day world of cutting-edge technology and smartphones, software is a significant business sector where developers need to stay ahead of competitors by developing new code and new applications all the time. But new code involves developing intelligent solutions to problems, and providing customers with a unique product. What options do software developers …Read more

5 Things To Understand About New Federal Trade Secret Law

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Until May 12, 2016, trade secret law was the only area of intellectual property law left largely to state courts and state law. No longer. On May 12, President Obama signed the Defend Trade Secrets Act of 2016. (Pub. L. No. 114-153). It establishes a new federal civil remedy for the misappropriation of trade secrets, …Read more

How to Avoid Risks When Partnering With Overseas Companies

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In case you’re not following the latest international business scandals – like Unaoil and the Panama Papers – We are seeing a rapid revolution in whether, when, and how companies conduct due diligence when engaged in partnering with overseas companies. This is particularly important in the San Francisco Bay Area where many home grown companies …Read more

Crowdfunding Investment Opportunities Now Available

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Let the crowdfunding begin! Monday May 16, 2016, was the first day that crowdfunding under Title III of the JOBS Act could be used by companies to raise money via the Internet. Below are links to a few of the portals that have been authorized by the SEC to serve as intermediaries in these transactions. …Read more

Tax Issues to Consider When Forming a California LLC

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Last week’s post discussed some important tax issues entrepreneurs should be aware of when forming and operating California partnerships. As we discussed, one of the most important factors to consider when forming a new enterprise is whether the business is initially expected to generate profits or losses and the tax consequences of those profits and …Read more