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Robert E. Braun

Corporate JMBM IP Update: Employee and Customer Non-Solicitation Agreement Invalid

The California courts have recently held that a seller’s agreement not to solicit employees of the buyer is too broad under California Business and Professions Code Sec. 16601, and thus not enforceable. In Strategix, Ltd. v. Infocrossing, _ Cal. Rptr. 3d _ (4th Dist. 2006), the court said any such restrictions on employee solicitation must […]

Global Hospitality Group® Global Hospitality Advisor: Smoking Regulation

Smoking has long presented a challenge to the hospitality industry. Perhaps unique among all industries, hotels, restaurants and bars are in the position of catering (or trying to cater) to two opposing groups simultaneously — smokers and non-smokers. The industry has worked to address the desires of these two groups for years, creating smoking and […]

Global Hospitality Group® Global Hospitality Advisor: Hotel Management Agreements

Anytime a hotel owner begins serious negotiations with a hotel manager, he or she is likely to be presented with the manager’s standard form of management agreement. The Manager’s Standard Form Not surprisingly, the standard agreement will be the best case scenario for the manager. It will provide the optimum term, best termination rights, and […]

Corporate JMBM Corporate Update: SB1306 and Corporate Communications

California has adopted legislation which changes how companies can use electronic communications in their “corporate communications.” The changes broaden the options available to corporations for conducting many of their required communications, such as meetings of boards of directors, shareholder meetings, delivering notices of meetings, taking actions without a meeting and annual reports. In most cases, […]