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Dissecting the Software Licensing Agreement

Dissecting the Software Licensing Agreement For those involved in the creation and distribution of software, the software license agreement plays a vital role in protecting the intellectual property rights of the licensor of the software. Failing to have an adequate agreement can, and generally does, lead to infringements into [...]

By |2023-11-10T14:43:21-08:00February 29th, 2016|

What Should be in my Employee Handbook?

What Should be in my Employee Handbook? Few small businesses in California have them, but all businesses, from large corporations to the small “mom and pop” pizza joint, would greatly benefit from having a well-considered and well-written employee handbook. The well-written employee handbook is one of the best tools [...]

By |2023-11-10T14:42:59-08:00February 26th, 2016|

Must I Register my Nevada Corporation in California?

Must I Register my Nevada Corporation in California? After deciding that they are going to incorporate their business, many California-based founders are persuaded, for a variety of reasons, to incorporate in some jurisdiction other than California. Many decide to incorporate in the states of Nevada or Delaware, usually because [...]

By |2023-11-09T20:50:16-08:00February 24th, 2016|

What Contracts Must be in Writing – the Statute of Frauds

What Contracts Must be in Writing - The Statute of Frauds Not all contracts are equal. While it is true that many oral contracts (that is, contracts entered into between two parties without a written agreement) are enforceable in California, many are not. In California, the Statute of Frauds [...]

By |2023-11-10T14:41:45-08:00February 22nd, 2016|

How and When to Wind-Up Your California Corporation

How and When to Wind-Up Your California Corporation Winding-up and dissolving a California corporation is governed by the provisions of California Corporations Code Sections 1900 through 1907. How that process takes place depends largely on whether the corporation has ever done business or issued shares or whether a “voluntary [...]

By |2023-11-10T14:39:50-08:00February 19th, 2016|

The Social Purpose Corporations Act and How to Use It

The Social Purpose Corporations Act and How to Use It California’s Social Purpose Corporations Act allows entrepreneurs wishing to combine for profit businesses activity with the achievement of a social purpose. The corporation is formed by the traditional filing of Articles of Incorporation which state that the corporation is [...]

By |2023-11-10T14:38:11-08:00February 17th, 2016|

Hot Rods, LLC v. Northrop Grumman Systems Corp. – Can Extrinsic Evidence be Used to Alter the Meaning of a Contract?

Hot Rods, LLC v. Northrop Grumman Systems Corp. - Can Extrinsic Evidence be Used to Alter the Meaning of a Contract? On November 6, 2015, the California Courts of Appeal for the Fourth District, Division Three filed its decision in the case of Hot Rods, LLC v. Northrop Grumman Systems [...]

By |2023-11-09T21:12:03-08:00February 15th, 2016|

Some Suggestions for the San Diego Shopping Center Lease

Some Suggestions for the San Diego Shopping Center Lease Shopping center leases are as varied as the locations in which malls are located and the type of tenant seeking to lease space within their boundaries. Is the mall an outdoor mall or an indoor mall? Does it currently have [...]

By |2023-11-10T14:37:18-08:00February 12th, 2016|

What is a “Biological Material Transfer Agreement” and When to Use It

What is a “Biological Material Transfer Agreement” and When to Use It A biological transfer agreement is a written contract between a provider of biological material to another, generally an entity engaged in biomedical research. The agreement is designed to govern the rights and obligations of the parties in [...]

By |2023-11-09T21:05:08-08:00February 10th, 2016|

Include an Arbitration Clause in Your Contracts to Save You Money

Include an Arbitration Clause in Your Contracts to Save You Money Arbitration has increasingly been used to resolve disputes over the past twenty years. In fact, some commentators and lawyers believe that alternative dispute resolution (“ADR”) (meaning, among other used methods, mediation, arbitration, and the use of “private judges”) [...]

By |2023-11-10T14:35:02-08:00February 8th, 2016|

The Non-Solicitation Agreement; Why Use It?

The Non-Solicitation Agreement; Why Use It? California has a strong public policy against restraining the ability of its citizens from engaging in their chosen professions. California Business and Professions Code Section 16600 essentially prohibits almost all forms of agreements between an employer and employee wherein the employee agrees not [...]

By |2023-11-10T14:34:13-08:00February 5th, 2016|

Should I Require Key Employees to Sign an Arbitration Agreement?

Should I Require Key Employees to Sign an Arbitration Agreement? Most employers, as well as other business people, have increasingly turned to arbitration agreements for a variety of reasons. Among the reasons most commonly cited is the avoidance of the cost of employment litigation and the amount of time [...]

By |2023-11-10T14:33:52-08:00February 3rd, 2016|
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