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California’s New “Right to Die” Signed Into Law As a business and intellectual property lawyer, it may seem strange to see me post about California’s new “right to die” law. However, like many lawyers and scholars, it’s an area that has always interested me, and one I’ve been published on in the past. (Click here for my comparison of U.S.
Shooting on Location and Location Releases As I get more and more involved with the entertainment industry, I’ve found myself branching out of simple legal work and into the production side of this incredibly interesting world. One aspect that isn’t going anywhere, however, is the need to protect my clients.
“Dope!”, IP Rights, and the Beastie Boys Earlier this year, the hip-hop group Beastie Boys won a jury verdict against Monster Energy Company for a staggering $1.7 million. On top of that, they managed to score a cool $668,000 in attorneys’ fees. So what lead to one of the most venerable groups in the ’80s rap game to take on an energy drink manufacturer in the first place? Ac ...
How to Develop an IP Portfolio for Small Businesses Whether your business sells goods, provides services, produces a mobile app, or whatever, you’ve already received a crash course in intellectual property: these are the things that make your business unique and special compared to others. It could be in the form of a website and logo, an original blog post (like this one), o ...
Five Tips for California Residential Tenants Due to the terrific feedback and popularity of my post on tips for Minnesota tenants, I’ve decided to write a post for California renters since I also practice real estate law there. Although landlord/tenant law tends to be pretty similar, it’s rarely identical due to not only how the laws are worded, but also how they are interpr ...
Five Tips for Minnesota Residential Tenants Part of my real estate practice is dedicated to representing commercial and residential landlords. As a result, I’ve learned a lot about what’s expected from my landlord clients as well as their tenants. The vast majority of landlords are just like any other small business owner—trying to comply with the law as best they can.
Real Estate Transfers, Quiet Title Actions, and the Torrens System Although I’ve discussed contracts for deed before, as well as deeds in general, sometimes disagreements arise about who owns real estate even when everything’s been put in writing. Occasionally, it’s because of a falling out between the grantor (the person giving the property) and the grantee (the person recei ...
Buy-Sell Agreements and Getting Out of Business When people go into business, they rarely think of how to get out. Even so, it’s one of the most important things they should consider. Sometimes the business owners have an agreement between them in place; many times, however, they don’t. Avoid the anguish and headaches of a long, drawn-out corporate break-up and have a buy-sel ...
Selling Goods Internationally and Strange Coincidences When I checked my email on Monday afternoon, I was a little surprised to find a legal question from another Minnesota lawyer. Not because I didn’t know the lawyer (I didn’t), but mostly because his question was on the sale of goods—a topic I had just been writing about a few minutes earlier in that afternoon’s blog post.
Sales of Goods and the Uniform Commercial Code If you’ve been reading this blog lately, you’ve probably noticed a theme developing with the Uniform Commercial Code. As the set of statutes that defines things like sales of goods, negotiable instruments, investment property, and security interests, it relates to much of what we consider “business.
The Legal Side of Developing a New Product Many entrepreneurial people have, at least one time in their life, uttered the tell-all phrase, “You know what would be a great business idea?” It’s the heart of innovation–discovering or rediscovering a tool, device, or other product that would make life simpler, easier, or more efficient.
Creating an Enforceable Noncompete Agreement Noncompete agreements, also known as noncompetition agreements or simply noncompetes, restrict what a former employee of a business can do during or after he leaves. Since an employee is typically privy to private business information and trade secrets, these agreed-upon restrictions (a/k/a restrictive covenants) generally guarante ...
Understanding and Perfecting Security Interests In my last post, I talked a little about what a security interest is: an interest in property that secures an obligation. In many cases, the obligation is a debt and the property securing it is related to the debt. When you borrow money to buy a house, the loan is secured by the real estate.
Understanding Security Interests (Pt. 1) Practically everyone has loaned someone else money. Your kids, your friends, your family–all these people have likely enjoyed the benefits of your generosity. You’ve probably been on the receiving end of lenders before as well, in the nature of a mortgage, car loan, business financing, etc.
I’ve written about why using an attorney to register trademarks is valuable, but registration is only part of the story. Much of the attorney’s work comes much earlier in the process, when he conducts searches to “clear” the mark. If there are conflicting marks out there, the lawyer’s job is to uncover them and determine if those conflicts will prevent you from getting a valid trademark.
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