Welcome to our legal blog!
At our law firm, we are dedicated to providing our clients with the latest legal news and insights on a wide range of topics. Our blog covers everything from business law and intellectual property to commercial litigation and contract law, providing valuable information and practical advice to help you navigate the legal...
Welcome to our legal blog! Continue reading…
Understanding Waiver of Arbitration Rights in California: Analysis of Quach v. California Commerce Club, Inc.
In Quach v. California Commerce Club, Inc., the Supreme Court of California delivered a landmark ruling on the waiver of arbitration rights, aligning California's standards with recent federal precedents. The Court's detailed analysis and reasoning provide critical insights into how waiver of arbitration rights will be evaluated moving forward.
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Litigation in California – Before Trial
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.
1. California Court Systems
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Birkin, NFTs, and the First Amendment
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 images called “MetaBirkins” and...
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What counts as selling securities “to the public” that may require registration under New York Blue Sky laws?
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.
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How to Risk Proof Your Drop-Ship Contracts?
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 that you can easily...
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Breach of Implied Duty of Good Faith and Fair Dealing: What is It and How to Assert One in Commercial Litigation?
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 remodel. Or it...
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Jury Convicts Ex-Theranos Founder and CEO Elizabeth Holmes Of Fraud
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 for the Northern District...
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Automatic Renewal Laws in California & New York
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 ensure that their practices adhere to these heightened standards.
New York...
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Common Defenses to Breach of Fiduciary Claims
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 from happening in the first place and prepare them...
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I Received A Subpoena; Now What?
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 jargon.
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Meta Sued by Investors for Alleged Teen Mental Health Damage
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 these findings.
Investors submitted their petition...
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Force Majeure Clause in California Commercial Contracts
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 contractual defense in the event of a related...
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