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Blogs by the Attorneys at Greenberg & Bass
A Fresh Start...Sort Of
Filing bankruptcy is an opportunity for a person to start fresh by eliminating debt obligations while keeping enough funds to be able to move forward. What people don’t realize, however, is that not all debts are dischargeable Anyone thinking about filing Chapter 7 ba… Trade Issues for TITexas Instruments has been accused by some independent distributors of committing acts of restraint of trade by refusing to allow its franchise distributors to sell its components to independent distributors. Texas Instruments’ decision does not, in and of itself, constitute a restraint of trade. In fact, the company’s action to protect its distribution channels would most likely be considered by most courts as reasonable and not subject to any of the antitru… The Dollar Double Cheeseburger DebacleOne of the hallmarks of a franchise is the level of control a franchisor has over the business structure and ongoing operations of its franchisees. The franchisor and franchisee, in theory, are playing on the same team, with the same goal in mind - to protect and enhance the brand. You can’t overestimate the impact of goodwill attached to a certain mark or system. But what if the franchisor imposes a new rule or standard that may potentially help the brand, but significantly hurt the indiv… The Sea of IPSome people may believe that they don’t have much contact with intellectual property. In fact, our daily lives are saturated with constant contacts with intellectual property. Consider for example one recent event -- the national college basketball championship game. CBS Sports broadcast the game. The network’s distinctive "eyeball" trademark appeared at all times in the corner of our television screens. The broadcast, of course, was copyrighted. Please don’t show that tape or … Textile PredatorsLos Angeles is a land of textile predators. By that I mean companies that used to be in the business of printing fabric for their customers, but now devote themselves to the far more lucrative business of copyright infringement litigation. Here’s how it works. Step 1: Create a design and submit it for copyright registration. It doesn’t really matter if most or all of the design apes originals first created decades ago…..the Copyright Office doesn’t have the resources to check, … Why Reaffirmation in a Bankruptcy is a Bad IdeaAnyone who has entered a bankruptcy courtroom this past year has observed the congested calendar, the limited seating, and – most disconcerting – the number of confused debtors who enter without legal representation. A debtor may not necessarily need the services of an attorney to get through the bankruptcy. However, there are those times when the voice of experience could help a debtor avoid certain pitfalls in the process. A particular illustration has to do with reaffirmation agreements. The … Walk the Line“Walk The Line” was a movie about the life of Johnny Cash. Of course, Johnny probably never had to consider how a lawyer needs to walk his or her own line when it comes to giving advice to a new client. Let’s face it – many clients come in for a consultation and want you to tell them exactly how you would handle their case, what you would do, what strategy you would take and so forth. Now, certainly, many of these clients respect the importance of the advice and how such advice costs money… Is Your Web Site A Potential Liability?Caution! The design of your web site may actually make it easier for someone to sue you in another state. The internet is a wonderful business tool. A small computer in your home or office can host a web site that tirelessly promotes your goods and services throughout the country. But what if something goes wrong? What if a customer in a different state is dissatisfied with your product? What if someone across the country is injured by an item that they bought from your site? Defending yourse… Let the Jury Decide?The economic downturn is another reason why litigants should be even more cautious about having their cases decided by a jury. Jurors are raising the issue of economic hardship as a means of avoiding jury service. More importantly, jurors are becoming less sympathetic to claims of emotional distress when so many people are unemployed and tragic events such as the recent disaster in Haiti take place.… Trade Secrets Trumps Common Law ClaimsThe California Court of Appeal recently held that the California Trade Secrets Act preempts any common law claims such as breach of confidence, unfair competition and interference with contract. What does this mean? A party that believes that its trade secrets have been misappropriated will have to decide whether to assert only a statutory trade secrets claim or the common law claims, but not both. By only pursuing the statutory claims, the injured party will be able to recover attorneys’ … Tone WarsOn January 8, 2010 the Los Angeles Daily Journal reported that copyright owners (who shall remain unnamed) had filed suit against a cellular services provider in the Los Angeles federal court, claiming that the service provider needed to purchase a public performance license for the ringtones selected by its subscribers. Without that license, plaintiff claimed, the service providers would be liable for infringing the plaintiff’s copyrights in the songs from which the ringtones were taken. … The State of CalGreenHello "CalGreen"! Goodbye "LEED"? I don’t think so. Yesterday, the California Building Standards Commission adopted the most stringent eco-friendly building code in the US, which will take effect a year from now. Nicknamed "CalGreen", the new building code will require builders of both commercial and non-commercial structures to, among other things, install water-saving plumbing fixtures designed to slash indoor water use by at least 20%, divert 50% of construction waste from landfills to … Business Development CzarOn Tuesday morning, I attended a special meeting of key business leaders hosted by Los Angeles Mayor Antonio Villaraigosa at which he introduced Austin Beutner, the City’s newly appointed and first "Business Development Czar" (that’s my name for him, not the Mayor’s). Beutner, with a strong background in major investment banking and a history of public service in the Clinton Administration (where he was a special advisor to the State Department on the creation of jobs in post-C… Bells and Whistles or AccountabilityAn article in last Tuesday’s (1/5/10) Wall Street Journal discussed how this country’s "mega" law firms are turning to various web-based tools in an effort to control the "mega" legal bills they have grown accustomed to sending their clients. Faced with eroding client bases no longer willing to fund the "mega" firm lifestyle, these "mega" firms are apparently implementing various policies, practices and technologies aimed at making themselves more fin… |
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