Forum Selection Clause Enforceable in Federal Court

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Over the years we have had clients from time to time question the time and effort it takes our attorneys to prepare a clear, enforceable contract. Some of them belittle the provisions as nothing more than “boilerplate” that they could have found searching legal form on the Internet. Not only does it take quite a …Read more

Tax Issues to Consider When Forming a California Partnership

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Previous posts have discussed the many factors entrepreneurs should consider when forming and organizing a new business enterprise.  One of those factors is whether the business is initially expected to generate profits or losses and the tax consequences of those profits and losses on the founders and other investors.  The tax consequences of the profits …Read more

California Consumer Privacy Protections Expanded

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In 2002, California became the first state in the union to enact a data breach notification law.  The statute requires California businesses or businesses that own or license computerized data that includes personal information of California residents to disclose when there has been a breach of a security system used to protect that data.  Since …Read more

Collaboration and Co-Ownership Claims Discovered in IP Due Diligence

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Another important aspect of intellectual property (“IP”) due diligence is evaluating how the target company has managed its relationships with third party technologist or university professors, and whether infringement claims could possibly arise from those relationships.  Requesting and reviewing documents that memorialize the terms and conditions under which the target company has worked with third …Read more

Trade Secret Misappropriation Claims Created by New Technologists

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Another important aspect of intellectual property (“IP”) due diligence is evaluating how the target company has managed its relationships with technologists, and whether misappropriation claims could possibly arise from those relationships.  Requesting and reviewing documents that memorialize the terms and conditions under which the target company vets prospective technologists is a crucial step when evaluating …Read more

Copyright Infringement Claims & Consultants

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An important aspect of any intellectual property (“IP”) due diligence effort is to evaluate how the target company has managed its relationships with its personnel and whether infringement claims could possibly arise from those relationships.  Requesting and reviewing the documents that memorialize the terms and conditions under which the target company retains consultants, vets prospective …Read more

Conducting Effective IP Due Diligence: Digging Into The Target’s IP Assets

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You’re the CEO of a software company.  You’ve identified a new start-up company that claims to have developed a mobile application that could provide your company, indeed your entire industry, with an exciting new platform to deliver products and services to fast moving customers globally. Your board of directors has authorized you to move forward …Read more