June 2019 Archives

What does it mean to prove "use" of a trademark?

Protecting intellectual property with a trademark is an important step in securing ownership and exclusive use of unique creations like brand names and logos. However, simply getting the trademark does not mean that the goods or services in question have indefinite protection. In fact, other parties can lawfully use the protected name or creation if the trademark holder does not meet use requirements.

New legislation puts trucking industry at risk

Several months ago the California State Assembly passed Assembly Bill 5 in which they codified the landmark decision of Dynamex Operations West, Inc. v. Superior Court of Los Angeles, No. S222732 (Cal. Sup. Ct. Apr. 30, 2018), which increases protections to gig workers or contractors. This bill would require all employers to have workers take the ABC test to determine if they are employees or independent contractors. The state Supreme Court established this test in a controversial 2018 case.

Proposed bill urges businesses to 'skip the slip'

California is typically on the forefront of legislative changes that affect (arguably adversely) small- and medium-sized businesses. In numerous industries, California companies set trends and priorities for the rest of the country, which is why people often pay close attention to the changes happening here.

What to know about forced arbitration and AB-51

Several companies recently have been under fire for including mandatory arbitration clauses in their employment contracts. Many employees contend that these provisions infringe on their rights by preventing them from suing their employers. On the contrary, however, the arbitration clauses help both employers and employees resolve disputes in-house rather than taking matters to court.

Overlooking contracts can be a costly mistake

A Colorado hospital faces a hefty settlement after failing to have an essential contract required under HIPAA rules. Pagosa Springs Medical Center neglected to cut-off availability to a remote access system for a former employee. The former employee filed a complaint with the Office for Civil Rights stating that they still had a working username and password to an electronic health information system. This system gave them the ability to see an online patient scheduling calendar, which included protected health information of 557 patients.

What business owners should do if they face litigation

Almost every successful business owner will face litigation, whether initiated by a lawsuit filed in court, a petition for arbitration or administrative complaint at some point in their career. At some point, at least one customer, client or business is bound to disagree with a businesses’ practices.

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