Mediation gives the parties to a dispute, either during an ongoing lawsuit or in an effort to avoid one, a chance to present their cases to a neutral third party trained in dispute resolution. In order to promote candor during the mediation process, anything that is said during mediation is…
Articles Posted in Business Law
Enforcing Mediation Agreements in California
Mediation is a form of alternative dispute resolution (ADR) that allows the parties to a dispute to present their claims to a neutral third party, known as the mediator, who will try to help them reach an agreement. Once the mediation is over, how can one party make sure that…
Enforcing a Binding Arbitration Award Under Federal and State Laws
Alternative Dispute Resolution (ADR) allows two or more parties in conflict to take their case before a neutral third party outside of the court system. This often has the benefit of sparing them the expense of litigation and to avoid a trial. Many contracts now include clauses requiring the submission…
Internet of Things and New Laws
The Internet of Things is a relatively new development that has changed the world. However, the laws were either non-existent or archaic. Now, it’s important to inform our readers that Jerry Brown has signed a cybersecurity law covering “smart” devices. The bill, SB-327, was introduced last year and states in relevant part that:…
The Sherman Antitrust Act: How It Applies To Major Credit Card Companies
For this week’s blog post, we will continue with the topic of recent Supreme Court decisions that are affecting the business, e-commerce, and internet world. Specifically, we will discuss Ohio v. American Express, a case involving the Sherman Antitrust Act and major credit card companies. In the United States, credit…
Net Neutrality: Why it Matters and What You Need to Know About FCC’s Suggested Changes?
This is a current update on the principle of net neutrality that is worthy of a discussion. So, how or why is an update necessary? The answer is that net neutrality rules may be changing soon, and various organizations are currently lobbying for their positions. Why does net neutrality matter…
Internet Commerce and GDPR
In general, internet commerce transpires on the national and international levels. Naturally, data protection is an important concern for private and public agencies. The European Union’s remaining members are currently in the process of another process to protect data with the “General Data Protection Regulation” (GDPR) set to take effect…
Copyright Laws: What is Protected When It Comes to Clothing?
Now, by closing out this month and a deep dive into the future of copyright law comes a slightly more obscure reference to a recent change we’ve covered previously. Namely, what is, and what is not, protected under copyright when it comes to clothing? We now know that cheerleading uniforms…
Copyright Laws: What Is Fair Use and Parody?
In general, parody is a well-tested defense to copyright infringement claims. For example, legal cases involving Barbie Girls and Pretty Women have hammered in the points quite definitively, though the question of what exactly is parody has persisted throughout the years. Generally, it would be seen as something that ridicules…
Copyright Laws: Authorship and Implied Licenses
Following in the theme of “advances in copyright law,” there is an additional snag that seems to occur every now and then. Who owns a picture of you? Naturally, a person may say: “Well, that is a picture of me, and if someone is selling it, or making money from…