New California Laws SB 699 and AB 1076 Further Bolster Ban on Non-Competes
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New California Laws SB 699 and AB 1076 Further Bolster Ban on Non-Competes

ByKelli Nishimori

California’s public policy provides that agreements that restrain workers from engaging in a lawful profession, trade, or business is void, except under narrow statutory exceptions. The Legislature has established that California benefits significantly from this policy, “fueling competition, entrepreneurship, innovation, job and wage growth, equality, and economic development.” Still, some employers continue to utilize broad…

assorted-title book lot on shelf
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Berman v. Freedom Financial and the Enforceability of Sign-In Wrap

ByKelli Nishimori

If your website includes any browsewrap, sign-in wrap, or even clickwrap agreements, you must ensure that it is designed in a way that clearly and prominently displays simplified terms of use or any associated hyperlinks to terms to which the user is agreeing. Browsewrap, Clickwrap, and Sign-In Wrap: Are They Enforceable? Browsewrap agreements are online…

The Indemnification Simplification
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The Indemnification Simplification

ByBlayne Kercher

Indemnity provisions can be complex. For every two-sentence indemnity, there’s an indemnity section filling up a page and a half (and hilariously, the long indemnity may only be four sentences). Indemnities are one of the most quintessential “legal” provisions you’ll come across. So, in what could be a multi-part series, let’s try to simplify indemnities…

Privacy Shield Invalidated by EU Court of Justice
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Privacy Shield Invalidated by EU Court of Justice

ByCristina Larios-Caban

By: Of Counsel Adam Heller On July 16, 2020, the EU’s Court of Justice ruled the EU-US intergovernmental program for data transfer, called Privacy Shield, was no longer valid. This program had over 5,300 US companies registered and has been a mechanism to allow cross-border data flows.  Without a mechanism in place, cross-border data flows…

Protection of Trade Secrets Starts Before the Lawsuit
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Protection of Trade Secrets Starts Before the Lawsuit

ByBlayne Kercher

Employees leave businesses for competitors. It happens all the time. Employees also take with them important information from their previous employer. It happens more often than you would think. A recent case illustrates how one employer’s failure to protect its own information in any meaningful way affected, and may have even lost, its rights to…

woman-sorting-nda-documents
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3 Essential Questions to Answer Before Signing an NDA

ByQuentin Cooper

Non-disclosure Agreements (NDAs) are ubiquitous in Silicon Valley. They appear (or in many cases should appear) at the beginning of most commercial transactions. Yet, these important contracts are often signed without thoughtful review of terms or the context of the relationship. Here are three questions that you should ask prior to signing an NDA.