CEB Contributor
Christine Mathias
Content Attorney at N/A
Christine Mathias is a Content Attorney at CEB specializing in business and employment law. She primarily works on Practitioner’s Workflows, How-To Guides, Strategy Notes, Charts, Checklists, and annotated Sample Documents. Additionally, Ms. Mathias creates content for Daily News.
Ms. Mathias has a BA from Portland State University, J.D. from Penn State Dickinson School of Law, and an M.L.I.S. from the Simmons School of Library and Information Science. Her experience includes working as a law librarian at the University of San Diego and the San Diego County Law Library; directing several nonprofits; and practicing as an attorney in Vermont and California.
Ms. Mathias has published hundreds of articles to help professionals and laypeople understand complex legal concepts. She has written for websites and publications such as Legal Zoom, eHow, and Nolo.
CEB Region:
N/APractice Areas:
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Content by Christine Mathias
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New First District Opinion Shows the Extraterritorial Reach of California Employment Statutes
October 16, 2026
Christine Mathias
Employment Law
When a remote employee lives and works outside of California for a business headquartered in California, do California employment protections apply? California's First District Court of Appeal recently addressed this question in
Ninth Circuit Clarifies the Limits of Trademark Tarnishment in VIP Products, LLC v. Jack Daniel’s Properties, Inc.
September 4, 2026
Christine Mathias
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions, Intellectual Property
The long-running trademark dispute between whiskey producer Jack Daniel’s and dog toy manufacturer VIP Products recently returned to the Ninth Circuit. In its Aug. 4
Backstreet Boys Join Other Artists in Trademarking Their Voices To Battle Unauthorized AI
July 24, 2026
Christine Mathias
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions, Intellectual Property
The Backstreet Boys recently filed an application with the U.S. Patent and Trademark Office (USPTO) seeking to register a sound mark consisting of the phrase “Hi, we’re the Backstreet Boys,” as spoken by the group. They join a growing list of artists, including Taylor Swift, Lionel Richie and Matthew McConaughey, who have filed similar trademark applications with the goal of proactively protecting their vocal identities from unauthorized AI cloning. Although these applications have not yet been tested in court, they reflect a broader trend among artists, entertainers, and brands looking beyond traditional IP rights to address the growing risk of unauthorized AI-generated content.
Shapewear Brand SKIMS Faces Class Action Wage and Hour Lawsuit
June 12, 2026
Christine Mathias
Employment Law, Wage & Hour, Inaccurate Wage Statements, Meal & Rest Periods , Minimum Wage, Overtime Pay
SKIMS Retail LLC, the multi-billion-dollar shapewear brand co-founded by Kim Kardashian, is facing a wage-and-hour class action lawsuit. Filed in Los Angeles County Superior Court, the suit alleges multiple California Labor Code violations against the company, including unpaid overtime, failure to provide meal periods and rest breaks, failure to pay minimum wage, unreimbursed expenses and failure to issue full final wages at the time of termination. The case provides a cautionary tale for companies who fail to scale their compliance review along with their business, and serves as a reminder to employers that investing in compliance measures now could spare them a much bigger legal and financial headache down the road.
Prince's Estate Settles Trademark Dispute With 'Purple Rain' Co-Star Over the Name 'Apollonia'
May 1, 2026
Christine Mathias
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions, Intellectual Property, Trusts & Estates
The estate of the late musician Prince recently settled a trademark dispute with singer Patricia Kotero over the name “Apollonia.” The case was resolved through a confidential settlement, reached days before a scheduled hearing on the estate's motion to dismiss. The matter is a reminder of the issues that can arise when navigating personal branding, contractual obligations and legacy rights, and provides a cautionary tale for practitioners advising artists or entertainers on brand protection.
The San Francisco Zen Center's Ongoing Legal Disputes and the Ministerial Exception
March 20, 2026
Christine Mathias
Constitutional Law, Employment Law, Wage & Hour
The San Francisco Zen Center is battling two wage and hour cases that turn on whether religious employers are categorically exempt from minimum wage and overtime claims, highlighting growing tension between religious autonomy and statutory workplace protections. The first case,
X.AI LLC v. Bonta: Elon Musk Takes on California's Generative AI Training Data Transparency Act
February 6, 2026
Christine Mathias
Business Transactions, Business Intellectual Property, Trade Secrets Counseling & Transactions, Constitutional Law, Privacy & Information Security
Elon Musk’s artificial intelligence company, xAI, recently filed a case in the U.S. District Court for the Central District of California challenging
Employer Obligations Under AB 406: Expanded Protected Leave for Civic Duties and Victims of Violence
December 26, 2025
Christine Mathias
Employment Law, Vacations, Leave & Other Time Off, Leave-Related Discrimination & Retaliation, Miscellaneous Leaves (e.g., Civic Responsibility, Education, Organ Donation, Personal, Religious), Sick Leave (including COVID-19 policies), Vacation Leaves
On Oct. 1, California Gov. Gavin Newsom signed
Preparing for the New Cal-WARN Notice Requirements Effective Next Year
November 14, 2025
Christine Mathias
Employment Law, Reductions in Force & Plant Closings, WARN Acts (Federal & California)
Effective Jan. 1, 2026, employers must provide additional information in California’s Worker Adjustment and Retraining Notification (Cal-WARN) notices when conducting mass layoffs, relocations, or terminations. These changes are the result of
Coexistence Agreements in Trademark Law: Key Takeaways from Columbia v. Columbia
October 3, 2025
Christine Mathias
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Columbia Sportswear recently brought a trademark infringement case against Columbia University, arguing that the university breached the parties’ signed coexistence agreement. This case, filed in Oregon federal court, highlights the importance of carefully drafted coexistence agreements, as well as the requirements for ongoing monitoring of trademark use, and the attorney’s role in educating clients on how to follow an executed agreement.
Advising California Employers on the OBBB Act's 'No Tax on Tips' Provisions
August 22, 2025
Christine Mathias
Employment Law, Wage & Hour, Tip-Pooling Arrangements
On July 4, President Donald Trump signed the One Big Beautiful Bill Act (OBBBA),
Carroll Shelby v. Halicki and the Limits of Copyright Protection for Inanimate Objects
July 11, 2025
Christine Mathias
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions, Intellectual Property
In a
Expanding CCPA Liability for Online Trackers: Unpacking the Shah v. Capital One Ruling
May 28, 2025
Christine Mathias
Privacy & Information Security, Types of Privacy Protections, Internet and Electronic Privacy
In
Lady Gaga Faces $100 Million Trademark Infringement Lawsuit Over 'Mayhem' Album and Tour
April 18, 2025
Christine Mathias
Business Litigation, Intellectual Property
Lost International, LLC, a prominent surf and lifestyle brand established in 1985, has initiated a significant trademark infringement lawsuit against the internationally renowned pop singer Lady Gaga. The complaint, filed on March 25 in the U.S. District Court for the Central District of California, seeks $100 million in damages, alleging the unauthorized and infringing use of Lost International's "Mayhem" trademark in connection with Lady Gaga's recent album release, global tour, and associated merchandise. Intellectual property practitioners should follow the case closely, as it could have significant trademark law implications for both brand owners and public figures.
Gifford v. Sheil: Exploring the 'Sad Beige' Lawsuit Between Two Social Media Influencers
March 7, 2025
Christine Mathias
Business Litigation, Intellectual Property
The “sad beige” aesthetic, a social media trend centered on bland neutral colors, has become the focal point in an ongoing lawsuit between social media influencers. The case -- which a federal judge has called the "first of its kind" -- raises complex questions about intellectual property in the influencer age, centered on the question of whether an aesthetic or “vibe” can be protected under copyright, trade dress, and related laws. Social media influencer Sydney Nicole Gifford argues that her vibe should be protected, and brought the lawsuit against another influencer, Alyssa Sheil, in a Texas federal court.
U.S. Patent and Trademark Office Increases Trademark Filing Fees for 2025
January 23, 2025
Christine Mathias
Business Transactions, Business Intellectual Property, General Business IP, Trade Secrets Counseling & Transactions, Intellectual Property
Effective January 18, 2025, the U.S. Patent and Trademark Office (USPTO) has implemented a
In Major Case for Sports Merch Market, Penn State Wins Trademark Infringement Case Over Logo Use by Vintage Brand
December 13, 2024
Christine Mathias
Intellectual Property, Trademarks
A Pennsylvania federal jury has awarded Penn State University $28,000 in damages over a trademark dispute against Vintage Brand LLC, finding that the online retailer willfully violated the school’s trademarks by selling merchandise featuring Penn State’s vintage logos. Although this was not the first trademark case over collegiate merchandise, and a dozen or more other schools -- including UCLA, Stanford, and Purdue -- have sued Vintage over similar trademark violation claims, this case was the first to go to a jury. Despite the relatively low damages and the fact that the verdict isn't binding precedent, the outcome of the case may have a huge impact on future licensing deals, and will serve as a strong deterrent to other businesses selling sports merchandise without authorization.
California Federal Court Approves $27.5 Million Privacy Class Action Settlement Against Thomson Reuters
November 1, 2024
Christine Mathias
Business Litigation, Business Torts , Unfair competition, Privacy & Information Security
U.S. District Judge Edward Chen recently granted preliminary approval for a $27.5 million deal to settle a privacy class action case against Thomson Reuters. The lawsuit, filed in the Northern District of California, alleges that the legal information company illegally sold data belonging to 40 million California residents without their consent through their online platform, CLEAR. CLEAR is Thomson Reuters’ data collection software product that creates “cradle-to-grave” dossiers on hundreds of millions of individuals and includes access to public and non-public information. The database is marketed and sold to businesses, law enforcement, and other government agencies.
The Guess Who, 'American Woman' Hitmakers, Settle Decades-Long Intra-Band Trademark Dispute
September 20, 2024
Christine Mathias
Business Litigation, Intellectual Property
Members of the Canadian rock band The Guess Who recently settled their prolonged trademark lawsuit over the ownership of the band name. The decades-long legal drama serves as a reminder for all businesses, bands included, to consider who owns the intellectual property of their business, whether anyone is monitoring its use, and what happens to the property when a partner (or band member) leaves the group.
Splenda Class Action Over Deceptive Health Claims for Diabetics Moves Forward in California Federal Court
August 9, 2024
Christine Mathias
Business Litigation, Business Torts , Fraud and deceit, Unfair competition, California Consumer Legal Remedies Act
TC Heartland, LLC is facing a class action lawsuit in California federal court alleging that the company deceptively advertised its sugar substitute Splenda as a healthy option for consumers, including those with Type 2 diabetes. Coming on the heels of new health guidance warning that non-sugar sweeteners may carry an increased risk of diabetes and other adverse health effects, the case could chart a path for deceptive advertising litigation against other manufacturers of sugar substitute products.
NFL Faces Over $4.7 Billion in Damages in Sunday Ticket Antitrust Case
June 28, 2024
Christine Mathias
Business Litigation, Intellectual Property
Following a closely watched four-week federal trial, a Los Angeles jury on Thursday ruled in favor of “Sunday Ticket” subscribers in a class action antitrust lawsuit against the National Football League. The NFL is facing $4.7 billion in damages under federal antitrust law, which may be tripled under federal law to more than $14 billion. The staggering defeat for the league may spell major changes in the broadcasting and distribution of professional sports. The NFL says it will appeal the verdict.
California Court of Appeal: Stock Options Are Not Wages Under State's Labor Code
May 16, 2024
Christine Mathias
Employment Law, Employment Torts, Wage & Hour, Employee Terminations
In a recent California Court of Appeal ruling,
New DOJ Whistleblower Pilot Program Aims to Uncover Corporate Misconduct
April 4, 2024
Christine Mathias
Business Litigation, Business Torts , Fraud and deceit, Interference with economic relations, Criminal Law
On March 7, 2024, U.S. Deputy Attorney General Lisa Monaco announced that the U.S. Department of Justice (DOJ) will be developing and implementing a new whistleblower program to incentivize individuals to assist the DOJ in discovering corporate or financial misconduct. The DOJ plans on developing the program over the next few months and announcing a formal start date later in 2024.
Kat Von D Wins Copyright Case Over Miles Davis Tattoo
February 22, 2024
Christine Mathias
Business Litigation, Intellectual Property, Copyright, Rights of Copyright Holder, Intellectual Property Infringement
On January 26, 2024, a California federal jury
Affordable Housing on Faith and Higher Education Lands Act: Streamlining Affordable Housing in 2024
January 10, 2024
Christine Mathias
Business Entities, Environmental, Land Use & Natural Resources, CEQA & Other Environmental Regulation, Land Use Regulation
One of the housing laws that takes effect in 2024 is the
AB 590 to Improve California’s Advance Payment Practices for Nonprofits
November 29, 2023
Christine Mathias
Business Entities, Business Financing, Forming Nonprofits, Preliminary Matters
Starting January 1, 2024, eligible California nonprofits will receive a portion of their state funding faster, thanks to Assembly Bill 590 (
Interim Guidance on New Corporate Alternative Minimum Tax
October 18, 2023
Christine Mathias
Business Entities, Corporations, Corporate Tax
On September 12, 2023, the IRS issued
Minimum Wage Considerations for 2024 and Beyond in California
September 6, 2023
Christine Mathias
Employment Law, Wage & Hour, Exempt vs. Nonexempt Status, Minimum Wage
Starting January 1, 2024, California’s basic minimum wage for all employees will increase to $16.00. It's important to note that California’s wage laws are more complicated than most other states, and the increase will not have the same impact on all employees. As a result, employers should review the exemptions, local minimum wage ordinances, and industry-specific wages to understand how the increase will impact their employees.
Second District Upholds CEQA Exemption for Pomona’s Zoning Overlay District for Commercial Cannabis Activities
August 11, 2023
Christine Mathias
Environmental, Land Use & Natural Resources
In a recent
A Closer Look at Taco Bell’s Petition to Free the Taco Tuesday Trademark
June 15, 2023
Christine Mathias
Intellectual Property
Taco Bell Corp. recently filed two Petitions for Cancellation with the U.S. Patent & Trademark Office (USPTO) to free the trademark “Taco Tuesday,” “to all those who make, sell, eat and celebrate tacos.” Currently, two companies own the mark: Spicy Seasonings, LLC, which operates Taco John’s and has coverage in every state except New Jersey, and Gregory Hotel, Inc., whose registration is limited to New Jersey. Taco Bell is asking the USPTO to cancel both registrations.
Sweeping Changes to Cosmetics Regulations Under MoCRA and the Impact on the Beauty Industry
May 4, 2023
Christine Mathias
Administrative Law
On December 29, 2022, President Biden signed the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) into law as part of the Consolidated Appropriations Act, 2023. Expanding on the Federal Food, Drug, and Cosmetic Act (FDCA) (21 U.S.C. §§ 301-399f), MoCRA is the most significant update to the FDA’s authority on cosmetics since the FDCA was passed in 1938. Many of the requirements go into effect at the end of 2023, and the FDA will develop related regulations over the next several years.
Class Action Lawsuit Filed Against Plant-Based Snack Producer Over Absorbable Protein
March 23, 2023
Christine Mathias
Business Litigation, Business Torts
Plaintiff Jose Luna filed a
New Charitable Fundraising Platform Regulations for 2023
February 13, 2023
Christine Mathias
Business Entities, Business Financing, Forming Nonprofits, Tax-Exempt Status
Some of the key provisions of
When is Green Marketing Unfair or Deceptive? FTC Seeks Public Comment to Review Green Guides
December 29, 2022
Christine Mathias
Business Transactions, Environmental, Land Use & Natural Resources
As a growing number of consumers are expressing an interest in environmentally friendly products, more businesses are turning to “green marketing,” which refers to the practice of promoting products or services based on their real or perceived environmental benefits. The practice is controversial, as some environmentally friendly marketing claims have a tendency to be vague or misleading. In response, the Federal Trade Commission (FTC) introduced its Guide for the Use of Environmental Marketing Claims (“Green Guides”), which they are now reviewing for the first time since 2012.
The California Employee Ownership Act (SB 1407) Goes Into Effect Jan. 1, 2023
November 17, 2022
Christine Mathias
Business Entities, Corporations, Articles of Incorporation, Employment Law
Pro-worker-owned business advocates are applauding Gov. Gavin Newsom for signing
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Sample Legal Services Agreement (Independent Contractor)
Employment Law, Independent Contractors, Leased Workers & Outsourcing
Understand and draft an independent contractor agreement for legal services. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample IP Confidentiality Assignment Agreement for Independent Contractor (Professional Services)
Employment Law, Independent Contractors, Leased Workers & Outsourcing
Review and draft a confidentiality and intellectual property assignment agreement for independent contractors providing professional services. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Memorandum to Client on Preserving Trademark Rights
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Advise your company on the importance of protecting the company’s branding by preserving trademarks, particularly in avoiding abandonment and genericide. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Applying Best Practices to Preserve Trademarks
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Protect your company’s branding by understanding and taking steps to preserve related trademark rights. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Memorandum to Client on Trademark Maintenance
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Advise your company or other business client on the requirements for maintaining trademark registrations with the United States Patent and Trademark Office. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Monitoring Third-Party Trademark Applications
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Protect your company’s branding by monitoring third party trademark applications and opposing registration when appropriate. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Company Policy on Recognizing and Reporting Trademark Infringement
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Protect your company’s trademarks by reviewing and drafting an internal policy for employees on recognizing and reporting trademark infringement, which may be included in employee handbooks. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Cease and Desist Letter for Trademark Misuse
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Advise your client on the implications of sending a cease and desist letter for trademark misuse that may lead to genericide, and use the following template to draft a letter when appropriate. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Navigating Common Issues in Copyright Ownership
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions
Copyright ownership is explained with strategic insight for managing joint works and works made for hire. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Preliminary Information for Trade Secret Licensing Agreement
Business Transactions, Business Intellectual Property, Trade Secrets Counseling & Transactions
Be prepared to gather information for a trade secret license agreement by utilizing the following checklist. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Negotiating a Copyright License Agreement
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions
Be prepared for common areas of negotiation when drafting or reviewing a copyright license agreement, including considerations for both the licensor and the licensee. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Preliminary Information for Copyright Assignment
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions
Ensure that you are prepared to negotiate and draft a copyright assignment agreement by collecting the following information. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Record Copyright Transfer
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions
Ensure that your client’s copyright is properly transferred with the U.S. Copyright Office in order to establish a public record for the transfer document. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Due Diligence Checklist for Copyright Transfer or License
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions
Ensure that you are prepared to negotiate and draft a copyright transfer or license agreement by conducting due diligence. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Conducting Due Diligence for Copyright Transfer or License
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions
Ensure that you are prepared to negotiate and draft a copyright transfer or license agreement by conducting due diligence. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Navigating Key Issues in Hybrid Licensing (Trade Secrets)
Business Transactions, Business Intellectual Property, Trade Secrets Counseling & Transactions
Hybrid licenses are explained with strategic insight into how to negotiate a trade secret licensing agreement that may also involve patent rights. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Navigating Key Issues in Royalty Payments (Trade Secrets)
Business Transactions, Business Intellectual Property, Trade Secrets Counseling & Transactions
Royalty payments are explained with strategic insight for negotiating a trade secret licensing agreement. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Types of Trade Secret Licenses
Business Transactions, Business Intellectual Property, Trade Secrets Counseling & Transactions
Advise your client on the best trade secret license agreement for their situation by reviewing the different license types. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Following Best Practices for Disclosure Prior to Licensing Trade Secrets
Business Transactions, Business Intellectual Property, Trade Secrets Counseling & Transactions
Advise your client on handling logic problems relating to disclosure of trade secrets prior to licensing. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Transfer Ownership of a Domain Name
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Advise your client on how to navigate the process of transferring a domain name in connection with a trademark license or transfer. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Completing Due Diligence for Trademark Licensing and Assignments
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Ensure that you are prepared to negotiate and draft a trademark license or assignment agreement by conducting due diligence. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Trademark Due Diligence (Licensing and Assignments)
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Ensure you are prepared to negotiate and draft a trademark license or assignment agreement by conducting due diligence. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Preliminary Information for Trademark Assignment
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Ensure that you are prepared to negotiate and draft a trademark assignment agreement by collecting the following information. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Following Best Practices for Trademark Transfers
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Advise your client on how to navigate the trademark transfer process by complying with the Lanham Act and the United States Patent and Trademark Office (USPTO) procedures. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Navigating Common Issues in Trademark Licensing
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Trademark licensing is explained with strategic insight into avoiding dilution and abandonment. We completed legal editing and analysis of authorities cited here as of the date listed above
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Raising Business Capital Through Crowdfunding
Business Entities, Business Financing, Business Capital
Advise your client on the process for pursuing equity crowdfunding, with strategic insight on complying with California crowdfunding exemptions. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Changing the Number of Shares that Require Amending Articles of Incorporation
Business Entities, Corporations, Articles of Incorporation, Business Financing
Amendments to a corporation’s articles of incorporation as required by a change in the number of shares are explained with strategic insight for business financing. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Obtain Business Capital
Business Entities, Business Financing, Business Capital
Advise your client on the process and options for obtaining business capital, and understand your role as an attorney in the process. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Utilizing Letters of Credit for Funding Businesses
Business Entities, Business Financing, Lending
Letters of credit are explained with strategic insight to determine the best option for your client’s business and negotiate its terms. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Using Technical & Physical Safeguards to Protect Trade Secrets
Business Transactions, Business Intellectual Property, General Business IP
Advise your business client on using technical and physical safeguards to protect trade secrets in order to deter litigation from competitors. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Drafting a Business Plan and the Attorney's Role
Business Entities, Business Financing, Business Plans
Understand your role in advising your client in drafting a business plan, to improve your client’s chances of raising capital and to plan strategic alliances. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Pursuing Capital Structure for Initial Capitalization of a Business
Business Entities, Business Financing, Business Capital
Capital structure for the initial capitalization of a corporation is explained with strategic insight, to satisfy the cash needs of a new entity and address debt considerations. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Navigating Common Issues in Business Loan Financing
Business Entities, Business Financing, Lending
Advise your client on navigating options for business loan financing, with strategic insight on cash flow, liability, flexibility, and other issues that may impact the long-term success of the business. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Model Investor Documents (Business Financing)
Business Entities, Business Financing, Investor Agreements
Advise your client on navigating an initial venture capital financing by understanding the typical investor documents typically included. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Utilizing Venture Capital
Business Entities, Business Financing, Business Capital
Venture capital is explained with strategic insight for attorneys assisting business clients, including typical requirements, private venture capital opportunities, and Small Business Investment Companies (SBICs). We completed legal editing and analysis of authorities cited here as of the date listed above.
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Utilizing State and Local Government Programs for Financing Businesses
Business Entities, Business Financing
State and local government programs for financing businesses are explained, with strategic insight into the attorney’s role of helping a business client to secure capital. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Navigating Common Issues When Drafting a Business Plan
Business Entities, Business Financing, Business Plans
Advise your business clients on the process of drafting a business plan to improve their chances of raising capital and to plan strategic alliances. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Distinguishing Business Debt and Equity
Business Entities, Business Financing, Lending
The advantages and disadvantages of debt and equity for the initial capitalization of a business, including tax considerations, are explained with strategic insight. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Company Disclosure Requirements for Crowdfunding (Business Financing)
Business Entities, Business Financing, Business Capital
Advise your business client on navigating the disclosure requirements for crowdfunding to comply with Securities and Exchange Commission (SEC) requirements. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Comparison of Business Loan Financing Lenders
Business Entities, Business Financing, Lending
Advise your client on navigating lending options for business loan financing to best set up the business for long-term success. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Voting Agreement (Business Financing)
Business Entities, Business Financing, Investor Agreements
Review and draft a voting agreement between a corporation and holders of common stock of the corporation to prepare your business client for an initial venture capital financing. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Investor Rights Agreement (Business Financing)
Business Entities, Business Financing, Investor Agreements
Review and draft an investor rights agreement to prepare a business client for the first round of venture capital financing. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Indemnification Agreement (Business Financing)
Business Entities, Business Financing, Investor Agreements
Review and draft an indemnification agreement to provide for when a director of a corporation will and will not be entitled to indemnification in relation to business financing. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Restricting Employer Inquiries Into Job Applicants
Employment Law, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Reviewing Job Applications & Interview Questions, Investigating Job Applicants
Ensure your client’s employee inquiries and interview questions comply with the Fair Employment and Housing Act (FEHA) (Gov. Code, §§ 12900–12999) and related laws, to reduce the likelihood of future discrimination claims. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Disclosure Agreement Regarding Confidential Information
Business Entities, Business Financing, Business Plans
Ensure your client’s proprietary information is protected when working on a business plan by reviewing and utilizing a confidential disclosure agreement. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Amended and Restated Articles of Incorporation for Business Financing
Business Entities, Corporations, Articles of Incorporation, Business Financing
Review and draft amended and restated articles of incorporation for a corporation to establish terms of preferred stock for investing purposes. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Memorandum of Terms (Investor Agreement)
Business Entities, Business Financing, Investor Agreements
Review and draft a memorandum of terms, also known as a term sheet, for investor agreements to provide a summary of the principal financial, legal, and other terms of the financing. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Confidentiality Agreement for a Business Plan (Letter Form)
Business Entities, Business Financing, Business Plans
Ensure your client’s proprietary information is protected when drafting a business plan by reviewing and utilizing a confidentiality agreement. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Draft a Business Plan
Business Entities, Business Financing, Business Plans
Advise your clients on the process of drafting a business plan to improve their chances of raising capital and planning strategic alliances. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Understanding FinCEN Beneficial Ownership Filing Requirements
Business Entities, Corporations, LLCs, Forming Nonprofits, Organizational Matters
This Strategy Note discusses the Beneficial Ownership Information (BOI) Report filing requirements with the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN). Carefully research and adapt the following material to the facts and circumstances of your matter and verify the currency of the legal authorities.
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Drafting Nondisclosure Agreements (NDAs) for Trade Secrets
Business Transactions, Business Intellectual Property, General Business IP
Nondisclosure agreements (NDAs) are explained with strategic insight for establishing secrecy surrounding trade secrets and the confidential relationship in which the information was disclosed. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Navigating Common Issues in Federal Trademark Registration
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
Trademark registration is explained with strategic insight into protecting your business client’s brand. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Following Prerequisites for Federal Trademark Registration
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
The prerequisites for trademark registration are explained with strategic insight on protecting your business client’s brand. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Protecting Trade Secrets When Employees Depart
Business Transactions, Business Intellectual Property, General Business IP
Advise your business client on the risks and methods of protecting trade secrets in relation to departing employees. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Copyright Cease and Desist Letter
Business Transactions, Business Intellectual Property, General Business IP
Advise your client on the implications of sending a cease and desist letter for copyright infringement, and use the following template to draft a letter when appropriate. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Distributing Copyrighted Works
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions
Advise your client on distribution rights under the federal Copyright Act (17 U.S.C. §§ 101–1401) in order to avoid copyright infringement and explore opportunities for licensing or transfer. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Reproducing Copyrighted Works
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions
Advise your client on reproduction rights under the federal Copyright Act (17 U.S.C. §§ 101–1401) in order to avoid copyright infringement and explore opportunities for licensing or transfer. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Copyright Fair Use Factors
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions
Help your client to understand and avoid copyright infringement by reviewing fair use factors under the Copyright Act (17 U.S.C. §§ 101–1401). We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Key Distinctions Among Trade Secrets, Patents, Copyrights, and Trademarks
Business Transactions, Business Intellectual Property, General Business IP, Copyright Counseling & Transactions, Trade Secrets Counseling & Transactions, Trademark Counseling & Transactions
Advise your business client on protecting its intellectual property by first becoming familiar with the different protections that trade secrets, utility patents, copyrights, and trademarks afford businesses. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample “Love” Contract for Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Refer to the following “love” contract, also known as a consensual relationship agreement, when drafting an employment agreement to address the risks of romantic relationships between employees. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Execution Section for Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Refer to the following execution section when drafting employees to provide for signatures and set the effective date. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Amendments Provisions for Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Refer to the following amendments provision when drafting an employment agreement to understand and address changes to the contract. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Attorney Fee Provisions for Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Refer to the following attorney fees provision when drafting an employment agreement to allow the prevailing party in a legal proceeding related to the agreement to recover attorney fees. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Counterparts Provisions for Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Refer to the following counterparts provision when drafting an employment agreement to clarify when the agreement may be executed on separate pages or copies. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Employee’s Representation Provisions for Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Refer to the following employee representation provisions when drafting an employment agreement to address concerns over contractual restrictions and trade secrets of prior employers. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Sample Severability Provisions for Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Refer to the following severability provisions when drafting an employment agreement and consider whether a simple severability provision is preferable to a more detailed approach. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Address Ownership of Intangibles in Employment Agreements (Overview)
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
The process for addressing employee ownership of intangibles in employment agreements is explained with strategic insight for protecting the company’s intellectual property and confidential information. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Term(s) of Employment Provisions
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Refer to the following term of employment provisions when drafting an employment to set a specified term or indefinite term. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Checklist: Possible Provisions to Include in Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Be prepared to draft an employment agreement by reviewing common provisions to ensure that you meet your client’s objectives while complying with evolving employment laws. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Address “Probationary Periods” aka “Introductory Periods” in Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
The steps for addressing probationary periods, also known as introductory periods, in employment agreements are explained with strategic insight in order to avoid the creation of an implied contractual right to employment. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Draft an Employment Agreement From Scratch
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
The process for drafting an employment agreement from scratch is explained with strategic insight for meeting your client’s objectives, promoting your client’s interests, and complying with reporting requirements. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Application for Employment and Applicant Statement (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Reviewing Job Applications & Interview Questions
Assist your client in drafting an employment application by reviewing the following sample, which will allow you to assist the company in selecting the appropriate candidate. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Navigating Salary History Inquiries and Related Issues
Employment Law, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Reviewing Job Applications & Interview Questions
Advise your client on restrictions relating to a job applicant’s salary history and requirements for maintaining wage records, in order to reduce the likelihood of noncompliance and penalties. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Checklist: Items to Include and Avoid in Employment Applications
Employment Law, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Reviewing Job Applications & Interview Questions
Advise your business client on items California employers should generally include or avoid in employment applications to reduce the likelihood of liability and penalties. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Notice of Disclosure Regarding Consumer Credit Reports, Consumer Reports, or Investigation Reports (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Investigating Job Applicants
Ensure your client’s hiring documents comply with the federal Fair Credit Reporting Act and California’s Investigative Consumer Reporting Agencies Act by referring to this sample notice of disclosure regarding consumer credit reports, consumer reports, and investigation reports. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Chart: Laws on References, Credit Histories, and Other Background Checks (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Investigating Job Applicants
Advise your business client on the laws and regulations relating to references, credit histories, and other background checks related to hiring compliance, to reduce the likelihood of liability and penalties. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Develop Nondiscriminatory Hiring Criteria
Employment Law, Discrimination & Harassment, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Reviewing Job Applications & Interview Questions
Advise your client on navigating hiring guidelines under federal and California law to reduce the likelihood of unlawful discrimination. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Potential Employer Pitfalls in Hiring, Including Discrimination Claims
Employment Law, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Reviewing Job Applications & Interview Questions
Advise your business client on the laws and regulations that relate to recruiting and job qualifications, including discrimination claims, to reduce the likelihood of liability and penalties. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Chart: Laws on Employment Tests and Medical Examinations (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Pre-Employment Testing
Advise your business client on the laws and regulations that relate to pre-employment testing, to reduce the likelihood of liability and penalties. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Job Description Questionnaire for Employers
Employment Law, Managing Risk in Hiring Employees, Reviewing Job Applications & Interview Questions
Assist your client in drafting a job description by providing the following questionnaire to a hiring manager or supervisor, which will allow you to assist the company in selecting the appropriate candidate. We completed legal editing and analysis of authorities cited here as of the date listed below.
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Checklist: Employer Hiring Considerations for Recruiting
Employment Law, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Reviewing Job Applications & Interview Questions, Investigating Job Applicants
Advise your business clients on how to comply with state and federal regulations related to recruiting, including issues relating to discrimination, labor disputes, and foreign contractors, to reduce the risk of penalties and liability. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Sample Job Description (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Reviewing Job Applications & Interview Questions
Assist your client in drafting a job description by referring to the following example of a job description for a receptionist, which will allow you to assist the company in selecting the appropriate candidate. We completed legal editing and analysis of authorities cited here as of the date listed below.
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How to Apply for Federal Tax-Exempt Status for Charitable Organizations (Nonprofits)
Business Entities, Forming Nonprofits, Tax-Exempt Status
This How-To Guide provides an overview of the process for applying for tax-exempt status under Internal Revenue Code section 501(c)(3). Carefully research and adapt the following material to the facts and circumstances of your matter and verify the currency of the legal authorities.
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Navigating California’s Nondisparagement and Nondisclosure Laws
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Nondisparagement and nondisclosure laws are explained with strategic insight for drafting employment agreements that comply with the law while protecting the employer’s interests. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Complying with California’s “Ban the Box” Law in Hiring
Employment Law, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Reviewing Job Applications & Interview Questions
Advise your client on how to comply with California’s “ban the box” law and related regulations when hiring, to reduce the likelihood of your client being penalized. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Using Social Media in Hiring Practices
Employment Law, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Investigating Job Applicants
Advise your client on issues that may arise when hiring employees using social media, to reduce the likelihood of claims related to discrimination and invasion of privacy. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Including Arbitration Provisions in California Employment Agreements
Employment Law, Drafting Employment Agreements, Employment Agreements (General)
Arbitration provisions in employment agreements are explained with strategic insight for resolving disputes outside the court system. Keep in mind that the issues surrounding arbitration clauses in employment agreements have been the subject of ongoing litigation on a number of issues in both the federal and California state courts.
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Obtaining References from Former Employers (Hiring Compliance)
Employment Law, Managing Risk in Hiring Employees, Investigating Job Applicants
Advise your business client engaged in hiring employees on the restrictions on obtaining references from former employers and considerations for handling employee misrepresentations, in order to find the appropriate employee while avoiding infringing on the applicant’s rights. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Register a Federal Trademark
Business Transactions, Business Intellectual Property, Trademark Counseling & Transactions
The process for trademark registration is explained with strategic insight for protecting your business client’s brand. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Identifying Copyright Considerations for Businesses
Business Transactions, Business Intellectual Property, Copyright Counseling & Transactions
Advise your client on copyright considerations in order to protect and benefit their business, including the types of works that are copyrightable, ownership of copyright, and consideration for registration. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Understanding UNIDROIT Principles of International Business Contracts
Business Transactions, Contract Law and Drafting Principles, Review and Negotiation of Business Contracts
This Strategy Note provides an overview of the International Institute for the Unification of Private Law (UNIDROIT), how it applies to international business contracts, and examples of select UNIDROIT Principles. Carefully research and adapt the following material to the facts and circumstances of your matter and verify the currency of the legal authorities.
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Understanding Master Service Agreements in Business Contracts
Business Transactions, Contract Law and Drafting Principles, Business Contract Provisions
This Strategy Note discusses the use of a master service agreement (MSA) for businesses and how an MSA differs from a statement of work (SOW). Carefully research and adapt the following material to the facts and circumstances of your matter and verify the currency of the legal authorities.
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Applying Valuation Methods Under the Income Approach (Business Intellectual Property)
Business Transactions, Business Intellectual Property, General Business IP
The income approach to valuing intellectual property (IP) is explained with strategic insight for your client negotiating licensing or assignment agreements. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Applying Valuation Methods for Intellectual Property for Businesses
Business Transactions, Business Intellectual Property, General Business IP
Approaches to the valuation of intellectual property are explained with strategic insight for negotiating licensing or assignment agreements. We completed legal editing and analysis of authorities cited here as of the date listed above.
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Strategic Considerations in Opening Negotiations for a Business Contract
Business Transactions, Review and Negotiation of Business Contracts
This Strategy Note provides tips for opening negotiations for business contracts in order to help parties reach an agreement. Carefully research and adapt the following material to the facts and circumstances of your matter and verify the currency of the legal authorities.
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Strategic Considerations in Including "Boilerplate" Provisions in Business Contracts
Business Transactions, Contract Law and Drafting Principles, Business Contract Provisions
This Strategy Note provides guidance on using boilerplate language in business contracts, including examples of common boilerplate provisions. Carefully research and adapt the following material to the facts and circumstances of your matter and verify the currency of the legal authorities.
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Strategic Considerations in Drafting Contract Language (Business Contracts)
Business Transactions, Contract Law and Drafting Principles
This Strategy Note provides guidance on drafting effective contract language in business contracts, including the use of plain English, and guidelines for defined terms. Carefully research and adapt the following material to the facts and circumstances of your matter and verify the currency of the legal authorities.
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Checklist for Contract Provisions Addressing Dispute Resolution (Business Contracts)
Business Transactions, Contract Law and Drafting Principles, Business Contract Provisions, Contract Dispute Resolution
Use this checklist to explore potential dispute resolution procedures in business contracts. Although it is not a substitute for a thorough review and investigation of the transaction, the checklist helps ensure that you and your client have considered pertinent provisions to include in the agreement.
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Checklist: Drafting a Business Contract
Business Transactions, Contract Law and Drafting Principles, Review and Negotiation of Business Contracts
Use this checklist as a guide for preparing a business contract. Although it is not a substitute for a thorough review and preparation of a business contract, the checklist helps ensure that you and your client understand the process and consider the essential steps.
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Sample Time and Responsibility Chart for Business Contracts
Business Transactions, Contract Law and Drafting Principles, Review and Negotiation of Business Contracts
This chart provides an example of a time and responsibility chart, which can be used when drafting a variety of business contracts. Carefully research and adapt the following material to the facts and circumstances of your matter and verify the currency of the legal authorities.
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