Our Santa Barbara firm is growing, and we are looking to immediately hire a full-time, career oriented attorney with 3 – 14 years’ experience to join the team. We have an eclectic practice, the foci of which are entertainment (filmed entertainment, music, publishing, and licensing), non-patent intellectual property (trademarks, copyrights, and trade secrets), Internet, business, and litigation in state and federal courts. We work with entrepreneurs, start-ups, and maturing companies, serving as outside general counsel, and represent a wide variety of businesses, including multi-media companies, music publishing companies, film and music producers, artists, photographers, songwriters, and others. We are looking for someone wanting a high quality, high energy, low key environment, who values relationships, innovation, and technology; is resourceful; and operates (or is willing to operate) on the principle that “THERE IS NO BOX.” Law review, great writing skills, and/or equivalent problem-solving and collaboration skills are highly valued here. We are willing and able to mentor the right person in any areas that may be needed. A book of business (small, medium, or large) is welcomed, although not necessary. This position is open now. Please let us know if you are the right person or know someone who is. You may send resumes and writing samples to email@example.com. Please view our website at mbergerlaw.com and our LinkedIn profile at https://www.linkedin.com/in/matthewberger/ for more information about who we are and what we do.
Category Archives: Business
Salons & Barber Shops Serving Beer & Wine in California (2017)
As of January 1, 2017, California beauty salons and barber shops in good standing with the State Board of Barbering and Cosmetology are permitted to serve their customers no more than 12 ounces of beer or 6 ounces of wine by the glass for no charge, providing that it is consistent with local zoning. Of course, that permission does not extend to selling wine or beer, unless the salon or barber shop holds an appropriate beer or wine license issued by the Department of Alcohol Beverage Control (ABC).
As you might have guessed, barber shops and salons are treated as consumers, and can only purchase beer and wine from persons or companies that are legally licensed to sell to consumers, like licensed retailers and other licensees with retail privileges, such as licensed wineries and breweries.
The licensing process in California is challenging, especially to even understand what type of license or licenses are required. Please make certain the you obtain qualified and knowledgeable assistance to ensure compliance with applicable rules and law. One thing is likely: people probably won’t seem to mind the wait next time they visit their salon or barber shop.
Net Neutrality Rules Upheld
The Net Neutrality Rules have been upheld by the U.S. Court of Appeals: https://www.yahoo.com/news/u-appeals-court-rejects-challenge-obama-net-neutrality-142305055–finance.html?ref=gs. It appears that everyone on the Internet is going to get to be treated the same.
Idea Submission and Avatar: James Cameron and Lightstorm Prevail
There are several lessons to be learned from this idea submission and breach of contract case, where the plaintiff contends that his idea was misappropriated by James Cameron for the film Avatar, among which are the proof that one must have demonstrated in order to claim a similarity between the alleged infringing work and one’s own idea, and the questions of timing. An interesting analysis can be found here: http://www.loeb.com/publications-ipentertainmentcaselawupdates-20160325-rydervlightstormentertainmentincetal.
The unpublished opinion of the court can be found here: https://scholar.google.com/scholar_case?case=15675251615603331785&hl=en&as_sdt=6&as_vis=1&oi=scholarr
Fashion and Copyright: Will the U.S. Supreme Court (SCOTUS) Address the Dress?
Here is a link to the Copyright Blog about the intersection of fashion designs, copyright, protection of useful articles, design patents for the ornamental design of a functional item, and the Supreme Court of the United States (SCOTUS): http://copyrightlitigation.blogspot.com/. Enjoy.
The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors
For guidance on classifying employees and independent contractors, please check out the U.S. Department of Labor’s Administrative Interpretation Number 2015-1: SUBJECT: The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors, found at http://www.dol.gov/…/workers/Misclassification/AI-2015_1.pdf.