Kashfian & Kashfian, LLPKashfian & Kashfian, LLP2024-03-19T18:56:27Zhttps://www.kashfianlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1403619/2021/09/cropped-site-icon-kasfian-32x32.pngOn Behalf of Kashfian & Kashfian, LLPhttps://www.kashfianlaw.com/?p=482832024-03-19T18:56:27Z2024-03-19T18:56:27Z1. Mutual agreement
When all parties involved agree, it is legal to break a contract. They must document this agreement in writing to dissolve the previous one.
2. Breach of contract
Another potentially legal reason to break a contract is when one of the other parties involved breaches it by failing to perform specified obligations. The non-breaching party must notify the breaching party of the breach and allow a reasonable amount of time for breach rectification before taking action. If, based on the contract terms, the breach is substantial and material, the remaining parties may be able to render the contract null and void without legal repercussions.
3. Inability to fulfill
If circumstances arise that make it impossible to fulfill the terms of the contract, such as a natural disaster or government regulation, the involved parties can legally terminate the contract. This also applies if they are unable to fulfill the primary purpose outlined in the contract, again due to factors beyond their control.
4. Illegality
Illicit circumstances also make it legal to break a contract. If one party entered the contract based on fraudulent or misleading information provided by the other party, the contract may be void. Contracts that go against public policy or specify illegal behaviors are also not legally enforceable and the parties involved can break them.
According to the U.S. Small Business Administration, the nation boasted over 33 million small businesses as of 2023. Many of these businesses enter contracts with each other, clients and contractors. Parties involved need to look carefully at the terms of their contract for any clauses that may safeguard against its breaking.]]>On Behalf of Kashfian & Kashfian, LLPhttps://www.kashfianlaw.com/?p=482812024-03-01T18:52:26Z2024-03-04T18:50:41ZSafe work environment
Employees have the right to a safe workplace. Employers should follow all health and safety laws to protect employees.
Safety means not only safeguarding employees' physical well-being but also their mental and emotion health. Employees should not have to endure discrimination and harassment.
Fair pay and time off
Employers must also follow all wage laws. They must pay at least the minimum wage and honor overtime pay requirements.
Employees also may have the right to take leave for medical or family reasons under the Family and Medical Leave Act or California state leave laws to which employers must adhere. Companies must also follow laws for paid time off and breaks.
Unemployment and injury benefits
If an employee suffers an injury at work, they also have the right to benefits through the workers' compensation system. Employers must carry this insurance and follow state laws when reporting injuries.
If an employer lays off or terminates employees, they may have the right to unemployment benefits. Companies should understand these laws and how unemployment rights work.
Reporting rights
Employees have the right to report any issues with safety, harassment or discrimination. They also have protection against retaliation for reporting violations of employment laws.
One common misconception about employment law is that it only applies to large corporations. However, many employment laws apply to businesses of all sizes, from small startups to large corporations. It is important for all employers to understand their obligations under the law and to take steps to ensure compliance.]]>On Behalf of Kashfian & Kashfian, LLPhttps://www.kashfianlaw.com/?p=482792024-03-01T18:46:22Z2024-03-01T18:46:22ZPotential escalation
Sending a cease and desist letter can escalate tensions between parties involved. Instead of resolving the issue amicably, it might provoke a defensive response from the recipient, leading to further conflict.
Legal ramifications
Although a cease and desist letter is not a legal action itself, it could lay the groundwork for future legal proceedings. This can be both expensive and time-consuming, potentially prolonging the dispute.
Negative public perception
Public perception can also be negatively impacted by sending a cease and desist letter. Depending on the circumstances, it might make the sender appear overly aggressive or unwilling to resolve conflicts peacefully. This can tarnish your reputation in the eyes of customers or business partners.
Additional considerations
Before sending a cease and desist letter, be sure to weigh the potential consequences carefully. Consider whether the situation truly warrants such a response and whether alternative methods of resolution are still available.
In an article for Forbes, Kendra MacDonald, CEO of Canada's Ocean Supercluster, highlighted key reasons for business leaders to be protective of their intellectual property. Trade secrets are more important than ever, and ownership is becoming a more ambiguous concept. Despite this reality, though, taking drastic action with a cease and desist letter is not something to do hastily.]]>On Behalf of Kashfian & Kashfian, LLPhttps://www.kashfianlaw.com/?p=482772024-02-20T03:19:06Z2024-02-20T03:19:06Z1. Preserve your competitive advantage
Your IP, whether it is a new technology, logo, authored content or proprietary process, makes your business uniquely yours. If someone copies or infringes on your IP, they could erode the competitive differentiation you worked hard to develop. Defending your rights maintains the edge you have over rivals.
2. Protect your revenue streams
Especially with patented products or designs, unchecked IP violations can quickly translate to lost earnings. A trademark infringement can also divert sales. Fighting back shields current and future income streams that rely on your protected works and inventions.
3. Deter future theft
Turning a blind eye to IP theft essentially invites more of it. Civil action says you will not tolerate violations, deterring would-be infringers. This prevents potential revenue loss down the road.
4. Preserve decision-making ability
Finally, not standing up for your rights can compromise business decisions. For example, patents enable licensing deals and technology sales. Losing exclusivity makes it difficult to use IP for strategic commercial opportunities.
Left undefended, misuse of IP rights can have major financial and operational consequences. In fact, IP theft leads to over $600 billion a year. While protecting intellectual property takes perseverance, it pays dividends in maintaining your lawful advantages.]]>On Behalf of Kashfian & Kashfian, LLPhttps://www.kashfianlaw.com/?p=482752024-02-02T03:31:52Z2024-02-06T03:31:45Z1. Protected activity identification
At the core of an Anti-SLAPP motion lies the identification of a protected activity. This refers to actions or expressions falling under the umbrella of the First Amendment, such as free speech or petitioning the government. Clearly outlining how the defendant's actions align with these protected activities is necessary for a successful motion.
2. Establishing a probability of success
To thwart a potential Anti-SLAPP motion, the plaintiff must demonstrate a likelihood of winning the case. In California, this means showcasing that their claims hold water. Therefore, the defendant, when filing an Anti-SLAPP motion, must present a strong case demonstrating that the plaintiff's claims lack substantial evidence. This element serves as a linchpin for the success of the motion.
3. Timing is of the essence
Timing plays a key role when filing an Anti-SLAPP motion. California requires filing this motion in the early stages of litigation, usually within 60 days of receiving the complaint. Missing this window of opportunity may jeopardize the chance to avail oneself of the Anti-SLAPP protection.
4. Prevailing on the merits
Ultimately, the defendant filing an Anti-SLAPP motion must not only demonstrate protected activity but also showcase a likelihood of prevailing on the merits. This means proving that even if assuming the plaintiff's claims are true, the legal arguments and evidence support the defendant's position.
Anti-SLAPP motions offer protection when lawsuits aim to restrict a person's or entity's free speech rights. Mastering the Anti-SLAPP motion requires a nuanced understanding of its key elements.]]>On Behalf of Kashfian & Kashfian, LLPhttps://www.kashfianlaw.com/?p=482732024-02-02T03:30:36Z2024-02-02T03:30:36ZConduct thorough research
Before you launch a new product or service, conduct comprehensive research to ensure that your ideas are truly original. Identify existing trademarks, patents or copyrights that may be similar to your own.
Utilize contracts and agreements
Establishing clear contracts and agreements safeguards your intellectual property. You may work with employees, contractors or business partners. Clearly define the ownership and usage rights of intellectual property in written agreements. This prevents misunderstandings and disputes.
Implement strict confidentiality measures
Share the importance of confidentiality with your employees and partners. Non-disclosure agreements legally bind these individuals. These documents keep sensitive information confidential.
Regularly update and monitor
Regularly review and update your IP strategy. This allows you to address changes in the market and technology landscape. Additionally, monitor the market to identify potential infringements on your intellectual property. Take prompt action when necessary.
Educate your team
Provide training for your employees. Express the importance of respecting and protecting your intellectual property. This creates a stronger overall defense against potential threats.
Leverage technology safely
As technology plays an increasingly significant role in business, use it to protect your intellectual property. Employ secure networks, implement access controls and utilize encryption to safeguard digital assets. Additionally, regularly update your software and systems to mitigate the risk of cyber threats.
Your business can build a strong defense against intellectual property risks. You can make sure that your innovative ideas are assets that contribute to your success in the marketplace.]]>On Behalf of Kashfian & Kashfian, LLPhttps://www.kashfianlaw.com/?p=482712024-01-19T19:31:39Z2024-01-22T19:30:39ZCommunicate clearly
When a partner informs you that they want to leave, have an open and honest dialogue about why and discuss how to transition out of the partnership smoothly. Listen to their concerns and perspectives without judgment. Clarify any miscommunications and see if modifications could salvage the working relationship.
Develop a transition plan
If your partner is set on leaving, work together to create an exit strategy. Set a clear timeline and divide transitional responsibilities. Outline how company assets, intellectual property, and financial holdings get divided. Consult your partnership agreement for guidance. Agree on how to inform employees, customers, vendors and other stakeholders.
Formalize the separation
Once you have negotiated the terms of dissolution, draft a legal separation agreement reflecting them. This contract should cover ownership transfer, financial distribution, confidentiality, non-compete clauses and any other relevant aspects of the split. Signing this makes the separation official and legally enforceable.
While losing a business partner can be challenging, following these constructive steps can lead to an amicable separation. With care and the right strategy, you can move your company forward on your own or with a new partner.]]>On Behalf of Kashfian & Kashfian, LLPhttps://www.kashfianlaw.com/?p=482602024-01-09T19:15:53Z2024-01-09T19:15:53ZReview the contract
Revisit the terms and conditions outlined in the contract. Look for any clauses that may provide an avenue for termination or renegotiation. There are legally acceptable reasons to break a contract. Understanding the document's specifics helps you navigate the situation effectively.
Communicate openly
Reach out to the other party as soon as you foresee potential issues or changes in your circumstances. Open communication allows both parties to discuss the situation and explore mutually beneficial solutions.
Clearly articulate the reasons you need to exit the contract. Highlight any unforeseen events or changes in your business environment that may affect your ability to fulfill the agreement. Provide concrete and valid grounds.
Propose alternatives
Instead of simply stating your intention to terminate, offer solutions to mitigate the impact on the other party. A collaborative approach facilitates a more amicable resolution. Consider options such as:
Finding a replacement
Adjusting timelines
Renegotiating terms
If terminating the contract is inevitable, discuss compensation or an exit plan. A willingness to address your business partner's potential losses shows your commitment to a fair resolution.
Document everything
Keep written documentation of all communication regarding your decision to exit the contract. A complete record provides proof of the agreed-upon terms and any compromises you reach during discussions.
Seek mediation
Consider mediation if communication reaches an impasse. This legal process can help both parties find common ground and potentially salvage the business relationship. Breach of contract lawsuits can take months to years to settle. Mediation resolves matters within an average of 45 days.
Understanding and respecting the terms of a contract while addressing the other party's concerns can help you avoid litigation issues. Knowing the potential liability issues enables a smoother transition and protects your professional reputation.]]>On Behalf of Kashfian & Kashfian, LLPhttps://www.kashfianlaw.com/?p=482582024-01-06T20:49:30Z2024-01-06T20:49:30ZWhat is trademark blurring?
Blurring occurs when a famous trademark’s distinctiveness weakens due to the use of the same or similar marks on unrelated goods or services. For example, using the same branding on a cafe or clothing line as that of a luxury car brand could blur the distinctiveness of that luxury car brand’s trademark in its marketplace.
What is trademark tarnishment?
Trademark tarnishment refers to cases where a famous mark becomes improperly associated with an inferior or offensive product or service. Using a similar mark on lesser-quality goods can degrade the positive associations with the original brand.
What are the requirements for a dilution claim?
For a dilution claim to succeed, the mark must be “famous” and possess a high degree of distinctiveness. The claimant must also show the defendant's commercial use of a similar mark is likely to cause dilution of the famous mark. A mark deemed famous in one geographic area may not qualify as famous in another locality.
As of Q4 2023, the U.S. Patent and Trademark Office shows 3.15 million marks actively registered and maintained. Protecting those marks means recognizing the risk of trademark dilution and taking steps to mitigate it. The more you understand, the easier it is to protect your intellectual property rights.]]>On Behalf of Kashfian & Kashfian, LLPhttps://www.kashfianlaw.com/?p=482562023-12-19T21:24:57Z2023-12-22T21:23:56ZEnactment of the anti-SLAPP legislation
In 1992, California took a bold step to counteract the chilling effect of these suits by enacting the anti-SLAPP legislation. The primary goal was to provide a swift and cost-effective way for defendants to dispose of meritless lawsuits filed in retaliation for exercising their right to free speech. This legislation also frees up time in the court system for more severe cases with merit.
Key provisions of the anti-SLAPP legislation
The anti-SLAPP legislation allows defendants to file a motion to strike the complaint. This motion asserts that the legal action arises from protected speech or petitioning activity. If successful, this can lead to the dismissal of the case and the award of legal fees to the prevailing party.
Evolution and impact
Over the years, California's anti-SLAPP legislation has evolved. Given an A+ rating by the Institute for Free Speech, the law's impact has been profound, providing a powerful shield against the threat of retaliatory lawsuits aimed at suppressing free expression. It has effectively limited the ability of powerful organizations to restrain dissent.
This legislation continues to be a cornerstone of California's legal system. It reinforces the state's commitment to protecting the fundamental right of its citizens to engage in public discourse without fear of reprisals.]]>