Carr, McClellan, Ingersoll, Thompson & Horn - Professional Law Corporation

216 Park Road
Burlingame, CA 94010, United States

  • 650-342-9600
  • 650-342-7685

Are Internet TV Providers Cable Companies Now?

Last month, in American Broadcasting Companies Inc. v. Aereo, Inc., the Supreme Court ruled that Aereo’s service of streaming broadcast TV over the Internet violated copyrights in the streamed TV shows. Although this ruling…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Architects May Be Sued Directly by Homeowners Association for Design Defects

In a unanimous decision, California’s Supreme Court has ruled that the principal architects for a condominium project may be sued directly by a condominium homeowners association for design defects. The case, decided July 3,…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Real Estate - Residential

Court Awards Sanctions Against Buyer and Attorney for Meritless Claims Against Sellers’ Agent

Plaintiff Joanne Peake purchased a home from the Underwoods, who were represented by a real estate agent, John Ferrell. Two years after close of escrow, she discovered that subfloors had been damaged and not repaired by the…more
| Civil Procedure, Civil Remedies, Business Torts, Real Estate - Residential

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
| Commercial Law & Contracts, Communications & Media Law, Constitutional Law, Privacy, International Law & Trade

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 Law & Contracts, Science, Computers, & Technology, Real Estate - Commercial

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
| Commercial Law & Contracts, Intellectual Property

Tax Consequences of Telecommuting Employees

Technology companies have been at the forefront of accommodating telecommuting employees who wish to work from home for lifestyle and other reasons. Companies may want to re-think this employee policy because of the potential…more
| Labor & Employment Law, Science, Computers, & Technology, Taxation

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
| Mergers & Acquisitions, Science, Computers, & Technology

California Online Privacy Protection Act – Do Not Track Amendment

On January 1, 2014, the California legislature passed the “Do Not Track Amendment” (the “Amendment”) to the California Online Privacy Protection Act (“CalOPPA”). The Amendment requires certain companies to include additional…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Why Assuming Out of State Non-Compete Agreements are Unenforceable Against California Employees is High Risk Behavior

A recent case holding that a Washington employer’s non-compete agreement is enforceable against California employees reinforces a continuing trend in the California judiciary to allow non-compete agreements to be decided in the…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

California’s Minimum Wage Increases Will Impact the Pay of Your Exempt Employees and Commissioned Inside Sales Employees

Most California employers are well aware that California’s minimum wage for non-exempt employees will increase from $8 per hour to $9 per hour on July 1, 2014, and to $10 per hour on January 1, 2016…more
| Labor & Employment Law

Ninth Circuit Makes Bad Copyright Law from Bad Facts

In a decision that is already being criticized as “horrific” and “judicial activism,” the Ninth Circuit created copyright protection for an acting performance in a short film for which the actress read from a script and was paid…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Google Books is “Fair Use” of Millions of Books

After years of litigation and uncertainty, the United States District Court for the Southern District of New York ruled that the Google Books project fits within the “fair use” exception to copyright law and cleared Google of…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Ban the Box has Come to San Francisco: Is Your Employment Recruiting Process in Compliance?

San Francisco’s Fair Chance Ordinance. Effective March 16, 2014, a new San Francisco city ordinance, called the Fair Chance Ordinance, will strictly limit an employer’s ability to gather and utilize information about the…more
| Civil Rights, Labor & Employment Law

Eleventh Circuit Holds ERISA Fiduciaries Must Consider Social Security Determinations Issued After Claim Denial

Courts have long held that ERISA plan administrators need to consider the evidence considered and the determination made by the Social Security Administration (SSA) in evaluating disability benefits claims. But the Eleventh…more
| Civil Procedure, Labor & Employment Law
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