Business Litigation
Trade Secrets and California Law – Defining Trade Secrets
For many businesses, success depends upon keeping certain, key pieces of company information strictly in-house. This information might be a certain technique or formula used to create a product, a client list, or a business plan- all of these could indeed represent “trade secrets.” Yet there is no hard-and-fast list of types of information that [...]
Confidentiality Agreements: Protecting Business Owners in San Diego
While non-compete agreements are generally unenforceable in California, an employer can restrict an employee from utilizing, stealing, disclosing or compromising the employer’s trade secrets, data, client lists, patents, etc. Such confidential, proprietary information is owned by the employer and cannot be taken by the employee for use outside his or her employment with the employer. [...]
Griswold Law Trademark Infringement Case Featured in San Diego Daily Transcript & Bloomberg News
The below article was featured September 7, 2010 online at the San Diego Daily Transcript, originating from Bloomberg News. Port Brewing sues Moylan’s Brewing for trademark infringement By Bloomberg News Tuesday, September 7, 2010 Port Brewing LLC, a San Marcos-based brewery, sued a Northern California brewhouse for trademark infringement. Port Brewing grew out of a [...]
Lawsuits In San Diego: When is Small Claims Court Appropriate? Do I Need an Attorney?
Small claims court can be a great option for individuals involved in disputes. While parties may instinctively seek to “lawyer up,” getting lawyers involved may not make financial sense. I guess you could say this information goes against my business interests as a private attorney in San Diego…well, so be it. Small claims court allows [...]
Avoiding Business Disputes: Should You Go Into Business With Family And/Or Friends?
It is natural to partner up with friends and family for a business venture. These are the people with which you most often socialize and share ideas. Also, these are the people you trust. Going into business with family and/or friends is perfectly okay–as long as you remember it is “business.” For those of you [...]
The California Civil Litigation Process: Complaints, Answers, Discovery, Trials, and Judgments
I am asked on a daily basis by potential clients, “how does a lawsuit work?” As I begin to explain the dry, meticulous, and laboring process…I am typically abruptly cut off with the next question, “how long does all that take?” In typical lawyerly fashion, my response is, “it depends.” Knowing full well that the [...]
Independent Contractor vs. Employee: Misclassification Can Create Mess for Employer and Employee
Independent contractor…employee…”getting 1099′ed”…self-employment tax…these terms and their implications, in a legal and a tax sense, are complicated. At the outset of a company/independent contractor or employer/employee relationship, a clear relationship needs to be defined. Unfortunately, many times the relationship is not made clear because neither party understands the difference between an “independent contractor” or an [...]
Business Collections in San Diego: Focus on Marketing and Let Others Chase Down Unpaid Invoices
Unpaid invoices are unfortunately becoming more and more “the norm” as we wade through this economy. Griswold Law has helped several small businesses in San Diego get back to what they do best–obtaining and pleasing clients–while Griswold Law tracks down and collects on those delinquent accounts through well-crafted demand letters, lawsuits and other creative collection [...]
Business Collections: Don’t Allow Your Customers’ Inability to Pay Invoices Take Your Company Down
I read an obvious, yet frequently forgotten, point made by a business recently: “Remember, a customer is a company that pays, anything else is charity.” (comment from Fandotech on MSPmentor). Now, I am a serious proponent of pro bono work and undertake a significant amount of such work in my practice. However, a business must [...]
Senior Citizens: Common Victims of Consumer Fraud
Sadly, there will always be members of our society that lack any semblance of morality, integrity or ethical standards. Such greedy individuals prey on innocent individuals. Historically, con-artists prey on senior citizens to carry out acts of fraud and deceit aimed at making a quick buck. The Federal Bureau Investigation (FBI) website provides helpful tips [...]