The world of intellectual property (IP) is filled to the brim with complexity. Without proper time, attention, and scrutiny, businesses and the executives that lead them can open themselves up to litigation if they aren't careful with their treatment of an IP. To...
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Thomas Whitelaw Legal Blog
Proving a violation of a non-compete agreement
Non-compete agreements are important for companies who want to protect trade secrets, proprietary or confidential information, or even valued employees from being stolen from an employee who leaves and becomes employed by a competitor. To avoid these"stolen" trade...
Autonomous driving: understanding contributory negligence and product liability
In the modern age of automation, it's increasingly common to find driving activities being performed by computers. This transfer of responsibility has caused the burden of safety and regulation to rest largely on the shoulders of automakers and software developers....
Automated legal services and your company’s needs
Automated legal services are becoming increasingly popular in the business world, offering quick and efficient solutions to manage legal matters. However, for many businesses, using automated services can create more problems than they solve. The allure of automated...
What is the fiduciary duty of corporate board members?
Members of a corporate board of directors are fiduciaries with a duty to company shareholders. Generally, these duties encompass financial responsibilities but can also relate to fair employment practices, environmental concerns, and the corporation's responsibilities...
How does the disgorgement remedy of design patent law work?
California has three different patent options. The first and most common type is a utility patent, the second is a design patent and the third is a plant patent. Litigation involving potential patent infringement must be handled carefully, as the law allows for...
Will the CEQA affect your company’s growth plans?
As corporations grow, often a need arises for an expanded office space or manufacturing site. As boards make decisions about growth and expansion, the California Environmental Quality Act (CEQA) statutes may impact what options can proceed without further red tape....
Corporate self-dealing: What to look out for
Self-dealing occurs when those in positions of power breach their fiduciary duty by advancing their personal interests at the expense of those they serve. This illegal act may manifest in a corporate setting in various forms of tunneling, explained below. Cash-flow...
Concealing trademark applications
It is vital for brands to protect their trademark from pre-exposure in today's business world. Recent technological advancements and the rise of sophisticated internet users make it an essential business strategy. Below, we take a comprehensive look at why the tactic...
Real estate law: the basics
Land at, below and above the earth's surface, as well as all things permanently attached to it, whether man-made or natural, are referred to as real estate. It can be classified according to its general use, such as commercial, residential, industrial or any other...