With every new technology comes new laws. One emerging technology with strong legal implications is the self-driving or autonomous vehicle. While fully self-driving cars are not yet common, manufacturers have implemented many autonomous features, including lane drift...
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Thomas Whitelaw Legal Blog
Severance package basics in California
A severance package, also known as a severance agreement, is a contract made by a departing employee and their employer. In the agreement, the employee agrees not to sue their employer for wrongful termination. In exchange, the employer gives the employee a severance...
Common disputes between franchisors and franchisees
Starting your own business can produce some of the most rewarding feelings you could experience, but it requires a lot of work. Many problems can arise. One way you might leverage the business experience of another, opening a franchise location, provides you with many...
What constitutes a “material” omission in securities fraud cases?
The Securities and Exchange Act of 1934 (the Exchange Act) and SEC Rule 10b-5 together supply the statutory and regulatory backbone for many securities fraud lawsuits. Among other provisions, they outlaw statements made in connection with the purchase or sale of a...
What is a force majeure clause?
Many contracts your business enters into are likely to include a force majeure clause. This clause is commonly referred to as the "Act of God" clause because it protects if a party is unable to perform under the contract due to designated events. Carefully review any...
Do I own the rights to my invention when it is still “Patent Pending”?
An invention becomes "Patent Pending" after the owner makes an application with the U.S Patent and Trademark Office (USPTO). During this time, your patent is protected, and no one can steal or use it without your consent. However, the right to sue an infringer...
Determining the US patent type for your invention
There are three types of patents the USPTO (US Patent and Trademark Office) issues: utility, design, and plant. The fourth subset of all the patents, a provisional patent, acts as a protective placeholder for one year prior to the official patent filing. Which...
Understanding commercial litigation
The Cornell law school describes commercial law as a vast area of law that deals with business transactions and relationships. Understanding these laws helps entrepreneurs and businesses deal with any arising disputes. Commercial litigation, on the other hand, deals...
Negotiating an executive severance package
Not all parachutes are golden. If you are an executive facing separation from your company, you can often negotiate a better severance package than the one you're initially offered. If you have risen to the executive level with one single company, you may not be aware...
Commercial vs. civil litigation and emerging trends
When organizations get involved in a legal dispute, it is viewed as commercial litigation. However, commercial litigation is often mistaken as civil litigation. Many categories of lawsuits fall under civil litigation and while commercial litigation can fall under this...