Thursday, July 25, 2019

Details Matter

Corporate and contract formalities are important, and often overlooked or minimized.  If you don’t memorialize the terms AND ensure that all the parties have validly executed a partnership agreement, you can expect to have headaches, at a minimum, and you could put significant rights or investments at risk.   Failing to sign documents or properly prepare them can lead to disaster. From time to time, I handle disputes in which agreements or entity documents were unsigned, or badly written. Just this year, I had several matters where the parties involved simply did not the execute agreements that were designed to prevent their disputes or resolve them if they did arise.
Unfortunately, clients sometimes gloss over formalities without thinking through the consequences. If you fail to properly execute and maintain your corporate governance documents, for example, the shareholders of the corporation could be held personally liable for business debts. You might be precluded from resolving a dispute among the LLC members if you haven’t executed the operating agreement.
The same can be said for other documents like estate plans.  Yes, you need to get that amendment to your trust signed and notarized.  
Why is this important?
Attorneys assume that every contract must be proven in a court of law.  read more
I will be discussing the dangers of mis-classifying workers on August 15, 2019 in Oakland.  https://www.eventbrite.com/e/misclassifying-workers-can-be-a-crime-tickets-66615166757

Friday, April 12, 2019

Non-solicitation agreements may not be enforceable in California.  Read our article here

Tuesday, April 9, 2019

Enforcing Non-solicitation Agreements

Attorney Eric Morton, of Clear Sky Law Group, will answer questions about non-solicitation agreements. Recent court cases have significantly restricted the enforceability of non-solicitation contracts (or such terms in employment contracts). Many businesses have non-solicitation agreements or terms that are invalid. When such an agreement is invalid, then an entire employment contract can be found invalid. Business owners need to understand the limits of the law in the area.
April 17, 2019 at 8 a.m. at Peets Coffee 1615 Broadway, Oakland, California.

Tuesday, March 5, 2019

I will be at Peet's Coffee in Oakland on March 14, 2019 for a discussion about Trade Secrets and how to identify them and protect them.  Click here for more details.

Wednesday, February 6, 2019

Event: Copyrights and their importance.

On February 14, 2019, I'll be in downtown Oakland to discuss and answer questions about copyrights. Copyrights are often the most important asset of a business. Software programs, website content, digital media, photographs and many other works are protected by copyright law. Eric will discuss the importance of copyrights, avoiding infringement, registration of copyrights and enforcement of copyrights. Eric has 30 years experience and much of the focus of his practice is in the areas of intellectual property.

Wednesday, January 30, 2019


Our latest newsletter with an article "The Perils of Using Other People's Photos or Videos". A common #copyright problem on the Internet.