The California Consumer Privacy Act was passed and signed into law last summer. It takes effect at the beginning of 2020. The law, as it now stands, overlaps somewhat with GDPR, but also has its own framework that contains a set of different rules and requirements – some of which are quiet stringent. Tech industry […]
Update on Privacy Regulations – California Consumer Privacy Act Read More »
There are recent developments in the copyright space. The U.S. Supreme Court has confirmed that copyright owners can only sue for infringement after the copyright has been registered with the U.S. Copyright Office. Lawsuits filed without a registration will be dismissed. (In an unrelated case, the Supreme Court also limited the types of costs that
The Supremes Rule on Copyright Issues Read More »
I’ve been asked about this often from clients in certain industries, particularly in the furniture industry: How can we stop competitors from copying our product design? Trade dress refers to protection for the totality of elements of a product – including size, shape, color or color combination, texture, graphics, etc. Trade dress is protectible if
Protecting Your Product Design Through Trade Dress and Design Patents Read More »
Regardless of what type of business you run, chances are you are entering into contracts all the time. Having a few model agreements for your company can save you a lot of time and resources in the long run. For instance, having a solid non-disclosure agreement that you can trust will give you the freedom
Get Some Template Agreements That Fit Your Business! Read More »
There is always going to be some risk. Few agreements are ironclad, but it is helpful to conduct an assessment and build an internal portfolio of model agreements, such as non-disclosure agreements, master service and sales agreements, master purchase agreements (or PO’s), website terms and conditions and privacy policies, and, when appropriate, licensing agreements. I
How Can You Start to Reduce Risk? Read More »
For many business owners, the main goal of a business is to make money for its investors or principals. Everyone wants to increase their margins – for good reason – but many are starting to ask if a successful business can do more than that. Perhaps the true aim of a business is to generate
What “Benefits” to Society Does Your Business Provide? Read More »
In case you haven’t noticed, I’ve written a lot this year about big changes to data privacy laws. This month I thought I would hone in on a particular issue: using cookies on your website. You may have noticed recently that a lot of websites have starting using a banner or a pop up feature
The Use of Cookies On Websites Read More »
Corporate policies and procedures should be updated to reflect company culture and management goals, but also to comply with changes in rules and regulations. If you run a larger business, you likely have an employee handbook. Smaller companies may not have verbose handbooks, but should still have clear policies that are communicated to all employees.
Is it time to do a check up on your key corporate policies? Read More »
Clients often ask me whether employee restriction provisions, such as non-competes, are enforceable. On a basic level, these provisions place restrictions on employees after their termination or resignation so that they cannot immediately begin working for a competitor, hiring away other employees of the company, or using customer lists. The keys to enforceability are specificity
“I heard I can’t stop my former employees from competing with me. . . .” Read More »
We’ve talked a lot about trends and upcoming changes in privacy laws applicable to most of our clients’ businesses. Next month, I plan to circulate more updates, since I think it is imperative that everyone keep these laws on their radar. In the meantime, some of our clients should also consider whether their websites are
Is Your Website ADA compliant? Read More »
The California Consumer Privacy Act (CCPA) was signed into law in 2018, and goes into effect on January 1, 2020. In general (there are some nuances), the law applies to any business that collects or processes the personal information of California consumers and either (1) has $25 million or more in gross annual revenue; (2)
Final Post (this year) on the CCPA Read More »
I’m honored to have been elected to this year’s Business North Carolina’s Legal Elite, a listing of the state’s top lawyers in business related categories. (I was elected in the “Corporate” category.) Lawyers elected into the Business North Carolina Legal Elite are chosen by their fellow NC lawyers, and are the lawyers their peers think
Ryan Luft elected to the 2020 Business North Carolina Legal Elite Read More »
A friend recently told me about a new book, Billion Dollar Brand Club, by Lawrence Ingrassia. The book is about so-called industry “disruptors,” who are finding success through Direct to Consumer (DTC) sales, rather than traditional distribution channels. DTC is working well in a wide variety of industries — shaving (ex: Harry’s); fashion (ex: Stitch
Direct to Consumer (“DTC”) Opportunities and the Changing Legal Landscape Read More »
We are thankful for you and for the opportunity to provide quality legal services to our business clients. Amidst the turmoil of 2020, this year brought a unique opportunity—a collaboration between Luft Law Group and Tumlin & Tumlin, two premier business law practices that grew out of a desire to “break free” from the staid
An exciting 2021 is ahead! Read More »
