Legal News
Does Your Business Need a GDPR-Compliant Privacy Policy?
If your business operates a website or potentially collects, transmits, or stores the personal data of European Union (EU) residents, you need to know about the General Data Protection Regulation (GDPR). GDPR is a privacy law regulation for the EU and European Economic Area specifically designed to ensure EU residents have greater control over and protection of their personal data. It applies to every company selling to and storing personal information about EU residents, including companies located outside of the EU. How Does the GDPR Affect Your Business? Non-EU businesses are subject to the GDPR if they collect any personal data from an EU resident, regardless of whether they are actively seeking EU customers. If your website collects any information connected to an identifiable person residing in the EU — including but not limited to names, birthdays, IP addresses, or other personal data — you are required to comply [...]
What You Need to Know About California Tenant- Landlord Laws
The California real estate market is one of the most expensive in the U.S. This means both that rental properties are very lucrative investments in the Golden State and many families in California cannot afford to purchase their own home. Whether you are a landlord or a tenant, knowing the laws of California can protect you and ensure a smooth transition into the landlord-tenant relationship. Tenant Screening The landlord-tenant relationship begins with the tenant screening process. California allows the landlord discretion in selecting their tenants. Landlords can consider criminal history, credit rating, and financial stability when processing tenants; however, under the federal Fair Housing Act, they may not screen tenants based on: Race Color National origin Religion Sex Familial status Disability Rules Governing Security Deposits After the tenant screening process, the landlord normally requests the security deposit from the prospective tenant. According to California law, security deposits: Cannot be [...]
Americans with Disabilities Act (ADA) Primer for Property Owners in California
If you are an owner, landlord, or tenant of a property classified as a “public accommodation,” you have an obligation to understand and comply with the Americans with Disabilities Act (ADA) — a federal law designed to prohibit the discrimination of people with disabilities. How does the ADA apply to property owners? Title III of the ADA requires all private places of public accommodation be accessible for the disabled. Examples of public accommodations include privately owned, leased or operated facilities such as: Hotels Restaurants Retail merchants Doctors’ offices The California Disabled Persons Act makes non-compliance with the ADA a violation of California civil rights, and enables people with disabilities to sue a violating business for damages. This could cost your business as much as $4,000 per violation. Both federal and California state laws regarding disability accommodation affect property owners by establishing a continuing obligation to remove architectural barriers to [...]
What Do to If Someone is Infringing on Your Intellectual Property Rights
What Do to If Someone is Infringing on Your Intellectual Property Rights: Trademark, Copyright, and Patent Infringement Intellectual property (IP) can be staggeringly valuable. Recently, the US-China trade war has escalated in part because of estimates that Chinese theft of US intellectual property costs between $225 and $600 billion annually, according to the U.S. Trade Representative. If you own intellectual property, you should be aware of how you can best protect that IP and what you can do to stop someone from infringing on your trademarks, copyright, or patents. Proper Registration The first and best line of defense against intellectual property theft is proper registration of your IP. Trademarks protect your business’s name, logo, symbols, designs, or key marketing phrases. You can apply for trademark protection through the United States Patent and Trademark Office (USPTO). Copyrights protect your original works, including music, choreography, motion pictures, literature, sound recordings, and [...]
Responding to Digital Millennium Copyright Act (DMCA) Notices
Responding to Digital Millennium Copyright Act (DMCA) Notices The Digital Millennium Copyright Act, or DMCA, is an extraordinarily influential law that was passed in 1998 to protect the rights of copyright holders from internet-based infringement. The following article briefly examines one of the most commonly-used tools authorized by the DMCA—the service of DMCA takedown notices—and how you can respond to such notices if you are not infringing on someone’s copyright. Background on the DMCA The DMCA is a comprehensive copyright law designed to balance the rights of both internet service providers (including website owners who host user material on forums, message boards, etc., search engines, caching services, and providers who transmit material) and the owners of copyrighted works that can be distributed over the internet. The law protects internet service providers from liability for copyright infringement if, among other things, they take appropriate steps in response to receiving what [...]
Where Does the USPTO Draw the Line in Offensive and Scandalous Trademarks?
Offensive and scandalous trademarks have been a hot topic the past few years. In 2017, we had the landmark case, Matal v. Tam, where the Supreme Court of the United States (SCOTUS) affirmed the judgment of the Court of Appeals for the Federal Circuit that the provisions of the Lanham Act prohibiting the registration of trademarks that “may disparage persons, institutions, beliefs, or national symbols” violated the First Amendment. In this case, Simon Tam applied for the trademark, THE SLANTS, which is the name for his rock band comprised of three (3) members all of Asian descent. However, the mark was denied registration since the United States Patent and Trademark Office (USPTO) thought the meaning of the term referred to people of Asian descent in a derogatory way, but Tam insisted that the band was reinventing the term in order to fight against Asian stereotypes. It was a long [...]
Protecting Against Theft of Trade Secrets
Whether a business is just beginning or flourishing and growing, trade secrets are crucial to consider and protect. They are often what make a business unique and can effectively set a business up for sustainable and long-term success. While trade secret theft may seem uncommon, several current cases suggest otherwise. “Tappy”—the automated robot used to test iPhones at T-Mobile—is at the center of trade secret theft charges against Huawei Device Co. and Huawei Device USA Inc. Huawei was originally contracted in 2010 by T-Mobile to supply phone handsets, but used the relationship to gain access to and photograph the testing robot and allegedly copy the robot’s design. Huawei is scheduled to appear before the U.S. federal court on March 2, 2020 and is looking at paying up to $5.5 million for all combined charges brought against the company including trade secret theft, wire fraud, and obstruction of justice. This [...]
Breach of Real Estate Contract – A Broken Promise
Breach of Real Estate Contract: A Broken Promise If you have ever purchased real estate property, and certainly if you invest in commercial or residential real estate as a business, then you know that the time between signing a real estate contract and closing on the property can be a stressful period. While many closings are completed without issue, some real estate contracts are not performed or are anticipatorily breached which can prevent the closing from occurring or result in a different outcome than the parties bargained for. Under California laws, a contract for the sale of real estate must be in writing. When the parties sign the real estate contract, they are agreeing to all of the terms contained in the agreement. Violating one or more of these terms means results in a breach of contract. If you are buying or selling real estate, particularly as a commercial [...]
United States Supreme Court Ruling Requires Copyright Registration Prior to Lawsuit
United States Supreme Court Ruling Requires Copyright Registration Prior to Lawsuit Registration Requirement and Retroactive Protection Earlier this month, the Supreme Court of the United States held that once a registration of the copyright occurs, a copyright owner can recover for infringement. This is affirming Section 411(a) under the Copyright Act of 1976 (“Copyright Act”), which states a copyright registration is required before the copyright owner may file a lawsuit against any infringer(s). The case, Fourth Estate Public Benefit Corp. v. Wall-Street, further established that a “copyright owner can recover for infringement that occurred both before and after registration.” Thus, while individuals will no longer be able to immediately file a lawsuit upon filing a copyright application, they will still be able to enforce all rights that were violated before the registration was obtained. Preregistration in Limited Circumstances There are, however, limited circumstances in which an individual may sue [...]
Is Your Website ADA-Compliant?
Many of us see the Internet as a tool for making life easier, allowing us to perform necessary life functions from wherever we have Internet access. We can apply for jobs online, manage our bank accounts online, order groceries online, and even decide what we want to eat before we get to a restaurant by looking at their menu online. As more and more businesses advertise and offer goods and services online, their websites have gained almost the same level of importance as their brick-and-mortar stores, and the ability to access business websites unencumbered has become integral to being able to navigate the world as independently as possible. Recently there have been a slew of lawsuits filed under Title III of the Americans with Disabilities Act (“ADA”), targeting companies with websites that are allegedly inaccessible to the disabled, such as the visually impaired and the deaf. These types of [...]