Ambiguity in a contract never favors the drafting party. This basic principle of contract law came back to bite Marvel Comics in a recent Court of Appeals Second Circuit decision, Friedrich v. Marvel, regarding copyright renewal. Gary Friedrich, Plaintiff, allegedly authored or at least co-authored a series of stories and screenplay depicting the fictional Ghost … More When “Forever” Is Not Forever
Clients of my practice usually either have a website or are planning to get one. From an intellectual property “IP” standpoint, the developer agreement is critical to ensure the right content and code necessary for your business to attract clients and customers. There are many terms to consider including project scope, testing, hosting, ownership, payment … More Essential Points of Web Developer Agreements
Google sells keywords to advertisers that involve the trademarks of competitors often bringing rise to claims for trademark infringement. The latest case attesting to the futility of bringing suits on this basis is General Steel v. Chumley where the Federal District Court in Colorado sided with the Defendant on the trademark claims based on keyword … More Defendant Prevails In Trademark Lawsuit Over Keyword Advertising
The 2nd Circuit last week reversed a summary judgment dismissal of Plaintiff’s Claims for gender discrimination, sexual harassment and retaliatory dismissal. In Mihalik v. Credit Agricole Cheuvreux North America, Inc. the Court found that although evidence of Plaintiff’s poor work performance supported her termination, there was also sufficient evidence of a hostile work environment such that a … More Gender Discrimination Claims Trump Dismissal For Cause
That’s how the Viewabill post, http://venturebeat.com/2013/04/13/dont-trust-your-lawyers-billing-try-viewabill/, in VentureBeat began. Even if viewabill is a reliable software product encouraging billing transparency, I can’t help wondering why a client would even consider using a law firm that can’t be trusted to render an honest and accurate account. Of all the trusted advisor relationships that of attorney-client should … More Don’t Trust Your Lawyer’s Billing?
The saying used to be during my time at Andersen, then a Big 5 Global Professional Services firm, that the most valuable assets walked out the door every evening. With companies transitioning to our service economy at warp speed, this truism has never been more pervasive. Given the threats from a variety of sources including … More Social Media Data: The New Frontier
Clients often are concerned, and rightly so, about disclosing their ideas, plans, business models, etc. to potential partners and investors. Oftentimes I’m asked to prepare, or more often download one of the many forms online, a non-disclosure agreement “NDA.” This agreement usually sets forth various terms with regard to the use of any information or … More Non-Disclosure Agreement: So What’s The Point?
A long-standing precedent is the right not to be compelled to personally answer a lawsuit in a foreign state jurisdiction absent some minimum contacts with the foreign state. States typically enact long-arm statutes to impose personal jurisdiction in situations such as where the defendant is involved in an auto accident or has engaged in a … More Connecticut Email Server Confers Personal Jurisdiction on Ex-Employee
Yes, it has come to this. Social media account disputes. Employers, employees and independent contractors rely on these accounts to establish network connections and to promote business opportunities. Guidelines, terms and conditions at sign-up aside, the turf war pits these formerly non-competing parties at the end of employment or upon termination of their business relationship. … More Who Owns Your Social Media Account?
Business clients typically want their workers to be classified as independent contractors. The significant savings in employment taxes and employee benefits in addition to workers compensation premiums are very attractive. In Connecticut, the determination for state purposes is commonly referred to as the ABC test. To be an independent contractor, the worker must be free … More Employee or Independent Contractor? IRS Small Bus/Self Employed SG recommends incentives for voluntary classification