Defamation claims are based on the facts and circumstances surrounding a published false statement of fact. If there is a true case of defamation, and you or your business were damaged as a result, then those damages can be compensable through a successful civil lawsuit. However, not all disparaging statements result in liability, and claims
Like many forms of creative expression, music is protected by copyright law. That means a license is usually necessary if you create a new work using pre-existing music created by someone else (otherwise known as a “derivative work”). What rights do you need to license for music sampling? MUSIC COPYRIGHT BASICS There are two separate copyrights
Like many fellow business owners, you may have confidential information or business “secrets” kept under lock and key. These secrets could be a family recipe for the next restaurant, a coding algorithm built over the years, a carefully cultivated client list, a specialized manufacturing process or data and research compiled within the company. But regardless
To a layman, a book publishing contract may appear like it is written in another language, only known to lawyers. After all, publishing contracts can be pages and pages of dense paragraphs. In the last few years, it has become popular for publishing houses to insert “morals clauses” into their contracts with authors. Morals clauses
The California Family Rights Act (CFRA) is the state’s version of the federal Family Medical Leave Act (FMLA). It allows eligible employees to take up to twelve workweeks of unpaid leave for certain family and medical reasons without jeopardizing their job security. While the two laws are similar, generally, CFRA covers a wider group of
At the end of October, Google announced a change to its privacy and data policies permitting minors to have more control over their online images. This update follows a concerted policy shift Google began in August to protect minors online and supplements Google’s pre-existing content removal policies. In recent years, data privacy laws have been
Federal Rule of Civil Procedure 68 allows a defendant to make an offer of judgment at least 14 days before trial. The plaintiff then has a 14-day window to serve written notice accepting the offer.
Update: September 30, 2022 In today’s world, making a sound recording is easier than ever. But, as easy as it may be, recording a telephone or in-person conversation is not always legal. If you run afoul of state or federal wiretapping laws, you may expose yourself to serious consequences, including criminal prosecution and civil liability. Importantly,
Updated: September 30, 2021 Businesses typically want to protect their names, logos, designs, and other indicia of their brands from others trying to profit from their work. Trademark law provides one way to do that. However, not all marks can be trademarked. Under federal law, a trademark cannot be registered unless it is “inherently distinctive,”
Since the development of the COVID-19 vaccine, there have been questions and concerns regarding possible vaccination requirements in the workplace. In response to these issues, on May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidelines for employers. However, as the Centers for Disease Control (CDC) and state and local public health
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