Contract Clauses

The purpose of executing written business contracts instead of relying on oral agreements is to manage risks and expectations. When I draft contracts, my job is to state clearly the parties’ responsibilities under an agreement. My  job is also to prepare my clients for the possibility that things take a turn for the worse and the other party fails to fulfill their promises. A major benefit of having a contract is to help you more quickly and easily resolve a dispute if it arises. Quickly and easily resolving disputes means your business will spend substantially less money dealing with dispute resolution, so it is important for your bottom line that you ensure your contracts are well drafted to prepare you for…

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Lagunitas Trademark

On January 12, 2015, Lagunitas Brewing Company, one of the biggest craft brewers in Northern California, filed a trademark infringement lawsuit against craft beer giant Sierra Nevada in the U.S. District Court in San Francisco. The suit was over the use of Lagunitas trademark “IPA” design on its beer label.

According to the complaint, Lagunitas founder Tony Magee became aware that the label...

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Security Deposit LOC Guaranty

When negotiating a commercial lease, you will almost always encounter one or more lease clauses (and many times entire lease exhibits) that deal with what landlords often call “credit enhancement.” The major types of credit enhancement found in a commercial lease are security deposits, letters of credit, and personal guarantees. Often you may deal with more than one type...

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Intellectual Property hurdles

We’re continuing our series on the purchase and sale of a business with a look into intellectual property considerations when purchasing a business. Intellectual property is a large part of many companies’ value. Failing to sort out potential restrictions on the use and further development of a company’s IP may leave the buyer with a significantly less valuable company...

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Internet

FCC Updates Broadband Definition

The FCC voted to raise the minimum thresholds needed to meet the definition of broadband. Internet service providers now must provide download speeds of at least 25Mbs and upload speeds of at least 3Mbps to call their services “broadband.” The previous standard was 4Mbps for download speed and 1Mbps for upload speed.

While this sounds pretty...

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Bear Market Investment Adviser

Generally speaking, investment advisers are people that are in the business of advising others on the value of, and investment in, securities. Investment advisers are subject to extensive regulation by the Securities Exchange Commission and state regulators.

The investment adviser regulations are designed to make sure that people in the business of advising on securities meet professional competency standards, have adequate capital, and provide adequate...

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Google Loon

Here’s a collection of the most interesting legal and business news we found this week:

Ride Sharing

One of the big issues facing Uber has to do with the fact that auto insurance policies for individual drivers generally don’t cover damages from commercial activity, including ride-sharing through applications like Uber and Lyft. In Colorado, USAA and Farmers are now offering ridesharing...

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Brewery Law

Unfortunately for Washington breweries, the regulations governing when you can give beer away for free are far from clear. We’re continuing our Brewery Law 101 series by highlighting the Washington Liquor Control Board’s regulations governing giving beer away for free.

The LCB regulations prohibit the distribution of beer for free with a few exceptions. The exceptions include:

To Licensed Retailers and Distributors

The...

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Trademark

Today, we bring good news to any of our readers who are planning on filing for a federal trademark. The United States Patent and Trademark Office (“USPTO”) recently announced that it will be reducing trademark application fees and also will be adding a new type of trademark application.

Why were trademark application fees reduced and when will the new fees...

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Early Neutral Evaluation

We continue our Alternative Dispute Resolution Series with a discussion of Early Neutral Evaluation. Early Neutral Evaluation (ENE), also known as “Neutral Case Evaluation” and “Case Evaluation,” is when one or both parties use a third-party neutral to evaluate the strength of their case, generally early in the life of the dispute. Just as with arbitration and mediation, there...

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