News and Articles

Business and Commercial Law

30


Sep

CA Becomes First State To Ban Plastic Bags

Christopher E. Ng, Esq.
 


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09


Jun

CA Law to Fine Websites Nationally

Amidst the increasing public frustration over the use and leaking of private personally identifying information (“PII”) by government and private entities, California Attorney General Kamala Harris recently issued guidelines to help companies comply with the California Online Privacy Protection Act of 2003 (“CalOPPA”).
 

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17


Apr

Retweets Worth 6 Million?

Retweets Worth 6 Million? 

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19


Sep

EInsight Minimum Wage Increase

In the closing days of its annual session, the California Legislature approved a minimum wage hike last week. The bill which passed both the California State Assembly and Senate by wide majorities will increase the state minimum wage to $9.00 per hour by July 2014 and to $10.00 per hour by January 2016. For now, the boost will make California’s minimum wage the highest state minimum wage in the United States. The minimum wage increase will also necessarily increase the minimum salary payable to “exempt" employees under California law (employees must be paid a monthly salary of at least twice the minimum wage for full-time employment). Governor Brown said he will sign the bill into law. 

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25


Jul

Edmunds.com Joins the Fight Against Fake Consumer Reviews

Yelp and other websites that rely on user reviews and ratings have been a flash point for many recent lawsuits. Businesses have sued other businesses and consumers for allegedly defamatory online reviews. Businesses have also accused Yelp and similar websites of extortive business practices by, for example, removing positive reviews if businesses refuse to advertise with the online review company.  

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15


Jul

Will Yelp be held liable for users negative reviews?

Business owners are continuing their legal fight against Yelp Inc., charging the user-generated review giant with wielding its influence to extort advertising dollars. 

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09


Jul

Is your forum selection clause enforceable?

The United States Supreme Court (Atlantic Marine Construction Co., Inc., v. J-Crew Management, Inc., 12-929) recently agreed to review an important case regarding the enforceability of forum selection clauses in business contracts. The Atlantic Marine case, which will be heard and decided in the October 2013 term, will give the Justices an opportunity to sort out the meaning of two inconsistent prior rulings on the enforceability of forum selection clauses. 

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29


May

Construction Booming in Sonoma County

More than 12 major public and private construction projects with a combined value of $2 billion are underway along Highway 101 in Sonoma County, California. The projects range from the $800 million 322,000-square foot Graton Resort & Casino in Rohnert Park, to the Sonoma-Marin Area Rail Transit's $360 million commuter rail project, the commuter train system intended to eventually extend across the region. 

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16


May

Construction Industry Update

Economists remain cautiously optimistic about the construction industry in 2013. 

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13


May

Can a telecommuting business owner be in “control” of a veteran, DBE, MBE or WBE business?

That was the issue in the recent KWV, Incorporated v. United States (May 2, 2013) case.  Last year, the Veterans Administration (“VA”) sustained a competitor’s bid protest claiming that the owner of a Rhode Island service-disabled, veteran-owned business (“SDVOSB”) did not have enough control over day-to-day management of his business because he lived in Florida for part of the year.  Arguing that he managed the day-to-day business by telephone, e-mail and other electronic means and traveled to Rhode Island when necessary to attend meetings, the veteran business owner appealed to the United States Court of Federal Claims – and prevailed.  The court found that the veteran's residency and decision to live in Florida for part of the year did not preclude him from "controlling" the business within the meaning of 38 CFR §74.4.   In fact, other than the VA’s “misplaced reliance” on the veteran’s residency, there was nothing to suggest that the veteran “was not exercising sufficient control” over his business. 

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