Carr McClellan P.C.

216 Park Road
Burlingame, CA 94010, United States

  • 650-342-9600
  • 650-342-7685

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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Non-Disclosure Agreements: How to Properly Execute the Silicon Valley Handshake

Non-disclosure agreements (NDA) have become so commonplace that they are now referred to as the “Silicon Valley Handshake.” Indeed, it would seem that every third party transaction commences with the presentation of one or more…more

Non-Disclosure Agreement, Restrictive Covenants

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Holdback Escrows in M&A Transactions

A Merger and Acquisitions (“M&A”) holdback escrow, where a portion of the purchase price of an acquisition is placed in a third party escrow account to serve as security for the buyer, is a common element in structuring business…more

Escrow Holders, M&A Holdback Escrows

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Impact of EU Citizens’ “Right to Be Forgotten” on U.S. Companies

The European Court of Justice (“ECJ”) recently held that Google must, under certain circumstances, provide European Union (“EU”) citizens with the right to remove information about themselves, including the list of results…more

Cybersecurity, Data Protection, EU, EU Data Protection Laws, Internet

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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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Pregnancy Disability Leave – Sanchez v. Swissport

A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court of…more

Disability Discrimination, Discrimination, FEHA, FMLA, Hiring & Firing

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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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Top Five Leasing Tips for Technology Companies

Entering into a lease is an important decision for any company; it is generally a long term obligation which accounts for a good portion of a company’s financial resources. Technology companies typically have a unique way of…more

Commercial Leases, Commercial Real Estate Contracts, Commercial Real Estate Market, Contract Negotiations, Emerging Technology Companies

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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, Federal Enclave Doctrine, FEHA, Litigation Strategies

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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, Ask.com, 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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Rumors about the Death of “No Contest” Clauses May Be Premature; Recent Case Offers Hope

Ever since January 1, 2010, when California overhauled the rules governing the enforceability of “no contest” clauses – provisions in testamentary instruments that say anyone who challenges the instrument will be disinherited –…more

No Contest Clause, Probate, Trusts

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Portability

Congress recently made permanent the “portability” of a predeceasing spouse’s unused estate tax exemption (currently, $5.25 million per spouse)…more

Bypass Trusts, Capital Gains, Income Taxes, Portability, Tax Exemptions

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Letters of Intent Save Clients Money

The complexity of documents for business transactions continues to grow exponentially. In 1985, a standard lease for a 5,000 RSF space was often less than 20 pages. In 2013, it’s not uncommon for a lease for a 2,000 RSF space…more

Legal Writing, Letters of Intent

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The “Google Effect:” How High-Tech Companies Are Impacting Building, Architecture and Design

Overview - Technology companies in the Bay Area have led the resurgence of the local commercial real estate sector. And these companies are also creating a new norm in campus design known as the Google Effect…more

Architecture, Google, Land Developers, Silicon Valley

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Marriage and Capacity: The Mental Competence Needed To Tie (and Untie) the Knot

Roughly half of all marriages in the United States eventually end in divorce. The statistics are even bleaker in California, where the divorce rate hovers at around sixty percent. In light of these odds, getting married in…more

Divorce, Marriage, Testamentary Capacity

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Energy Usage Disclosure Finally Going On-Line

As of July 1, 2013, California Public Resources Code §25402.10 requires the owner of a non-residential building with a total gross floor area of 50,000 square feet or more in the event of a sale, lease or finance of the property…more

Energy Use Disclosure Requirements, Internet

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No Such Thing as Forever: President Obama’s 2014 Budget Proposes to Reduce Estate Tax Exemption Amount in 2018

Just when many of us believed that, after years of changes and uncertainty, the federal estate tax exemption had stabilized at $5.0 million, subject to inflation adjustment (for 2013, it is a $5.25 million exemption), we have…more

American Taxpayer Relief Act, Barack Obama, Estate Tax, Estate-Tax Exemption, Federal Budget

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Form D: Short But Not Simple.

Companies selling securities are generally required to register the offering with the Securities and Exchange Commission (SEC). In certain circumstances, an offering may qualify for an exemption from these registration…more

EDGAR, Form D Filing, Issuer Exemption, Regulation D, SEC

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Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face Sanctions

The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary…more

Appeals, Attorney's Fees, Business Records, Electronically Stored Information, Popular

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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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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
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Locations
Other U.S. Locations
  • California
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