Carr McClellan P.C.

5 Bad Hiring & Firing Ideas Every Startup Entrepreneur Should Avoid

So, you think you have the next greatest idea for a startup that will knock the socks off of the current big players in your space? We know you’re excited to spend endless nights and countless hours to get your company off the…more

Assignment of Inventions, Confidentiality Agreements, Employer Liability Issues, Employment Policies, Entrepreneurs

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Supreme Court Decision Threatens Internet Television, But There Is Hope

When Congress last completely overhauled the Copyright Act in 1976, disco topped the charts, Charlie’s Angels was making its television debut, and fax machines were revolutionizing how people communicated. But it was this same…more

ABC v Aereo, Broadcasting, Copyright, Copyright Infringement, SCOTUS

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Maintaining Trade Secret Confidentiality in Litigation

Early Monday morning you learn that Jane, your former employee, has stolen your company’s confidential information and her new employer is using it. You call your lawyer and tell her that you want to put Jane in jail. Your…more

Confidential Information, Former Employee, Litigation Strategies, Preliminary Injunctions, Protective Orders

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Food Safety’s Shifting Paradigm

The recent news that Stewart Parnell, convicted former Peanut Corporation of America CEO, is facing a possible life sentence as a consequence of his role in the nine deaths and hundreds of illnesses caused by PCA’s salmonella…more

CEOs, Criminal Prosecution, Distributors, Farms, FDA

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5 Attributes of a Successful Non-Compete Agreement

Given the rising use of non-competes in all manner of businesses, we asked JD Supra contributors to tell us what's required in a successful agreement between employer and employee. Here is what we heard back…more

Employment Contract, Hiring & Firing, Legal Perspectives, Non-Compete Agreements, Popular

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City May be Liable for Damage to Residence from Falling Tree Under Inverse Condemnation

When is a tree a “public improvement” for purposes of inverse condemnation? According to one court, when the tree was planted by a city as part of a forestry program and maintained over a period of time. City of Pasadena v…more

Governmental Liability, Inverse Condemnation, Public Improvement Projects, Trees

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Does Non-Recourse Liability Still Exist?

Several years ago, the real estate financing market took an unexpected turn. In 2011, a court in Michigan rendered a decision which called into question whether a non-recourse loan was truly “non-recourse” (liability limited to…more

Commercial Real Estate Contracts, Commercial Real Estate Market, Construction Loans, Finance Lenders, Insolvency

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The Best Defense You’ve Never Heard Of – The Federal Enclave Doctrine Restricts Wrongful Termination Remedies

The relatively obscure Federal Enclave Doctrine is potentially a powerful arrow in the quiver of defense counsel, where the tortious act complained of occurred on federal land. In the context of employment-related claims, the…more

ADA, Contractors, FEHA, Litigation Strategies, Termination

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The BEPS Initiative: Redefining International Tax Planning?

Technology companies frequently possess an international tax footprint before expanding their domestic tax footprint. That may soon change as the Organisation for Economic Cooperation and Development (OECD) and its G20 member…more

BEPS, EU, G20, International Tax Issues, OECD

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Leases Don’t Last Forever

Did you know that leases which may have been intended to be renewable in perpetuity, if at all uncertain in that regard, will be construed as importing but one renewal?…more

Contract Renewal, Contract Term, Leases, Maintenance, Rent

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Can Unlimited Vacation Policies be Awesome for California Employers and Employees?

High tech companies continue to change our world and how we work. Netflix,, Best Buy, Zynga, Evernote, Hubspot and others recently have re-imagined vacation benefits for their own employees by shifting from traditional…more

Employee Benefits, Vacation Leave

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Opinion Letter – Why And How Much Will It Cost?

An Opinon Letter is like an estoppel certificate issued by the borrower’s attorney regarding the borrowing entity and the loan documents. Borrowers may have an opportunity at the loan application stage to negotiate the…more

Commercial Loans, Contract Negotiations, Finance Lenders, Legal Fees, Loan Documentation

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Protect Your Corporate Veil

One of the advantages of operating a business in corporate form is the protection a corporation provides to its shareholders from exposure to the corporation’s liabilities…more

Annual Meeting, Articles of Incorporation, Board of Directors, Business Formation, Corporate Veil

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When is an Electronic Signature Enforceable?

When is an electronic signature sufficient to make an agreement enforceable? Two recent California Court of Appeal decisions rejected efforts to enforce agreements supposedly entered into with electronic signatures under the…more

Appeals, Arbitration, Contract Formation, E-Signatures, Intent

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Mergers and Acquisitions are Back – The Impact on Emerging Companies

Recent statistics have confirmed what many executives, lawyers and advisors have sensed for the past few quarters: mergers and acquisitions of emerging technology companies, especially those in mobile, social, analytics and…more

Emerging Growth Companies, IPO, Startups

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216 Park Road
Burlingame, CA 94010, United States

  • 650-342-9600
  • 650-342-7685

Areas of Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Zoning, Planning & Land Use
See more
Other U.S. Locations
  • California
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