Two important principles of contract law for terms of service are “meeting of the minds” and “illusory promise”. Those phrases may sound a bit meaningless, legal, and abstract. However, each one holds a common pitfall that can void an entire website’s terms of service – as if it didn’t exist at all.
Nondisclosure Agreements, or Confidential Disclsoure Agreements as they are often called in the biotech context, are some of the most common types of business contracts. Although they are often signed cursorily, they are worth thought since each one could be the basis of a trade secret lawsuit. NDAs are one of the primary ways of
California Lawyer magazine did an article on virtual law firms this month, happy to have been one of the attorneys that they did a profile on. Click the image to read this post, and then you can see this link to it.
What should you think about when choosing a brand name? This isn’t necessarily a definitive list, but it is a three things to consider from a legal perspective. Actually it’s really two things: understanding the legal/marketing compromise of the mark strength, and then searching (both the internet and at the USPTO). 1) Consider the strength of the
I’m catching up on my CLE in advance of the February 2 deadline, and so I created an Excel spreadsheet CLE Tracker (<–download link) to track it by category and calculate the rate that I need to get it (i.e., I need to get a CLE hour every X days, or Y hours per day). It’s attached
Is a letter of intent contractually binding? Can that bullet point list of negotiating terms in a letter of intent or memorandum of understanding become a binding contract? If the parties have indicated that they agree on them and agree to negotiate them to a full agreement, yes. In California, the leading case is Copeland v.
This is a question that I get asked a lot; I’m happiest when we are asked before the name is “launched”, so that the business owner can assess the amount of trademark protection that is available when deciding whether to adopt a particular trade name. “Can My Business Name Be Trademarked?” is a question that is best
My monthly IT bill for my law firm is $25. I pay it to Linode for a virtual linux server, and everything else runs on that. Since I like open source, and it just works, I thought I would share for other firms that might consider doing something similar. A lot of this is predicated on knowing
If you don’t ask, the answer is always “no”. So ask. Some people are better at this than others, but everyone can learn. If someone gives you a form contract to sign, and parts of it are offensive, ask to have them removed. They may say no . . . but they may say yes.