Carr McClellan P.C.

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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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, 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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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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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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Contact

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
Locations
Other U.S. Locations
  • California
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