Whether a worker should be classified as an employee or an independent contractor often depends on how much control the alleged employer has over the worker's behavior. While specific employment agreements and contracts differ, an employer generally has the right to exact more control over an employee's behavior than over an independent contractor's behavior.
Part of protecting your business brand is ensuring that your products and services are accurately perceived by consumers. Sometimes, however, it may be possible for a competitor to skew the public's perception of your brand through false advertising, which is good cause for a lawsuit.
"Non-practicing entity" and "licensing entity" are the terms a federal judge in San Jose allowed Apple Inc. to use in reference to its adversary in a recent patent-infringement trial. The list of terms Apple was prohibited from using is longer:
In November 2013, the Eleventh Circuit Court of Appeals found that a person who isn't a patron of a business can sue that business for failure to provide access to people with disabilities. The court's ruling cleared the way for serial "testers" to bring disability-access claims against multiple businesses.
Protecting intellectual property and trade secrets is a key to continued success for many California businesses. Threats of illegal use of intellectual property can come from multiple directions, and business owners should have a legal team that is prepared to handle an intellectual property dispute on numerous fronts.
If you own a business in California, then you probably have a reasonable expectation that at some point your company will be involved in a legal dispute. With the help of a business law attorney, you may be able to resolve the matter in a cost-efficient way without going to trial.
In one of our recent posts, we discussed a drug maker's decision to file for Chapter 11 bankruptcy protection, which provides the company with an automatic stay against creditor actions. While Chapter 11 certainly has its benefits, such as letting the filer continue operations while restructuring, business owners should be absolutely certain that bankruptcy is right for their particular situation.
A non-practicing entity or patent assertion entity -- pejoratively referred to as a patent troll -- is an individual or company that brings a patent infringement claim in an effort to collect licensing fees in connection with a product or service not actually manufactured or provided by the non-practicing entity. A non-practicing entity (NPE) could also be a research laboratory, inventor or development company that provides patents to licensees prior to a product being manufactured.
Protecting intellectual property is crucial to giving businesses the competitive edge they need to thrive. Whether you intend to enforce or defend against a claim of patent or trademark infringement, it is important have on your side a legal team with experience in intellectual property law.
The health care industry is rapidly changing, and so are doctors' business models. According to a survey by the Physicians Foundation, more than 50 percent of 13,500 doctors surveyed in 2000 had independent practices. In 2013, however, only one-third of the doctors practiced independently.