The Journal

Litigating commercial disputes in California courts can be a complex and time-consuming process. Whether you are a plaintiff seeking to recover damages or a defendant defending against a lawsuit, there are several things you should be aware of before filing a lawsuit in California.

On May 5, 2022, U.S. District Court Judge Jed S. Rakoff of the Southern District of New York denied a motion to dismiss trademark infringement claims brought by the international fashion brand Hermès against an artist name Mason Rothschild – a digital artist who created a collection of digital ...

In People v. Landes, 84 NY2d 655 (1994), the New York Court of Appeals clarified when an offering or selling of securities is “to the public” This is significant because if the sale is to the public, it will be subject to registration requirements under New York's Blue Sky Law. The case provides ...

Drop-shipping might be a profitable way to carry out your business transaction, whether you are a freshly opened small business that still has to establish its niche online or a well-established company with deep-seated roots. It does, however, come with its challenges and risks. The good news is...

Contracts play an important role in the allocation of business risks in commercial transactions. Some of them can be simple, consisting of just a few pages. Others can feature more complexity and reach over 100+ pages. The contract can be between a homeowner and contractor for a new kitchen remod...

California jurors convicted Theranos Inc. founder and CEO, Elizabeth Holmes, 37, on four counts of criminal fraud on January 3, 2022. This decision came after 15 weeks at trial and more than 50 hours of deliberation over a multi-million dollar scheme to defraud investors. The U.S. District Court ...

California and New York implemented automatic renewal laws (ARLs) by enacting stringent negative option contracts requirements, including a first-ever cancellation requirement. Given the increased emphasis on ARL compliance by plaintiffs and public departments in both states, retailers should ens...

Many business relationships form a fiduciary duty between a principal and the fiduciary. Litigation may also ensue, giving way to the defendant's scurrying to devise a defensive strategy. Understanding common defenses to breaches of fiduciary duties claim can help business leaders prevent them fr...

If you have recently received a subpoena, you may not fully understand what this means and how you need to fulfill the obligations that are a part of the process. The below information will provide you with everything you need to know in a simple, easy-to-understand style that cuts through legal ...

Meta Platforms, Inc., formerly known as Facebook, Inc., is on the receiving end of an investor-led class-action lawsuit over its alleged failure to disclose internal study results indicating Instagram's detrimental impact on teen mental health. The case also complains that the company downplayed ...

Force majeure clauses in California commercial contracts shift performance loss risk from one party to another if an uncontrollable, unforeseen event occurs, such as the COVID-19 pandemic. Generally, the force majeure clause's terms and conditions define the effect and scope, providing a contract...

There are times in life when a dispute arises that cannot be settled without assistance. When this is the case, there are three primary avenues to resolve a dispute in the United States: Mediation, arbitration, and litigation are your options to resolve disputes. Which dispute resolution channel ...

The Federal Rules of Civil Procedure (FRCP) outlines Rule 68, which may grant a stay of proceedings, although used rarely. Under this rule, a federal court defendant of lawsuit can make an Offer of Judgment. An Offer of Judgment is a written proposal submitted to opposing parties to settle the pl...

Tether, a company behind a digital token of the same name, has settled charges with the U.S. Commodity Futures Trading Commission (CFTC) to the tune of $41 million. The settlement is related to claims that its stablecoin was fully backed by U.S. dollars. The CFTC agreed to the settlement terms si...

Have you heard about the new California law that requires commercial retailers to provide gender-neutral children's sections? It's the newest progressive bill, and it's set to take effect in January 2024. On October 9, 2021, California governor Gavin Newsom signed it into law. The new regulation,...

For starter, Ox Labs is a cryptocurrency dealer headquartered in Los Angeles, California. In July, 2015, Ox Labs unintentionally credited BitPay– a popular Bitcoin payment service– with 200 Bitcoins. Without Ox Labs' permission, BitPay quickly sold those bitcoins for a total of $57,000. In 2020, ...

Businesses face an all-time high of trademark infringement risk because of a complicated and growing trademark landscape worldwide. Trademark searching and clearance is the process of identifying whether your proposed mark is in-use by another owner of a similar or the same mark (i.e., prior righ...

Thinking about starting your own business but unsure where to begin? Here is a quick tutorial of essential considerations to help set you on the path to successful entrepreneurship. 01 – Form a business entity A business entity is simply a legal vehicle formed to do business. While there are many...

As a general rule,  a settlement agreement must have all the essential elements of a legally binding contract to be enforceable.[1] And formal requirements for contract execution are not needed — for example, the settling parties may use counterparts' signature pages to execute the agreement. Thi...

On August 6, 2021, the Securities and Exchange Commission (SEC) filed a cease and desist against the DeFi (Decentralized Finance) Money Market. Florida residents Gregory Keough and Derek Acree and their offshore company, Blockchain Credit Partners, were charged with selling “more than $30 million...