April, 2010 Articles

Guaranties 101: What is a Continuing Guaranty? What is the difference between a Guaranty of Payment and a Guaranty of Performance? Must a Guaranty have a Limit or Maximum Amount?

Payment of most commercial loans to small businesses is personally guarantied by the owners of the business. While there is no hard and fast rule as to when a commercial loan must be guarantied, most lenders ask for the owners to guaranty payment of credit extended to a corporate or limited liability company (“LLC”) borrower. […]

Intellectual Property

The Daily Journal: New Cottage Industry: Boon or Bust?

New Cottage Industry: Boon or Bust? By Rod S. Berman Reprinted with the permission of Daily Journal Corp. (2010) Legal cottage industries built upon claims of intellectual property infringement are established and growing. For example, in the apparel field, entities purporting to own copyrighted fabric designs are employing the Copyright Act to obtain huge numbers […]

Intellectual Property, Litigation and Patent Litigation Group

Protecting Ownership of Your Property: The Importance of Employment Agreements

Protecting Ownership of Your Property: The Importance of Employment Agreements A recent decision from the Federal Circuit Court of Appeals, Stanford University v. Roche, 516 F.3d 1003 (Fed. Cir. 2009), highlights the importance of employment agreements in protecting the ownership of intellectual property. In Roche, the Federal Circuit faced the issue of whether Stanford University […]

Litigation

The Section 998 Minefield: Parties Beware

The Section 998 Minefield: Parties Beware A second settlement offer that is revoked will resurrect a prior settlement offer During the course of litigation, either party may serve the other with a written offer to allow a judgment to be entered on specified terms as late as 10 days before trial, according to Code of […]