Posts in Tech Law
Apples and Peppers: Allowing End Users as well as Developers to Sue Apple for App Prices Violates Valid Precedent

There's no evidence of any explicit or even any implied conspiracy between app developers and Apple to price fix. It stretches reason to think that every app developer has somehow entered into an implied conspiracy with Apple to raise the price of the app by Apple’s 30% commission! App prices are based on competitive principles. Consider the plethora of $1.99 apps. Without Apples’s 30% commission, those would be priced at $1.39, you think? Nope.

Read More
The Facebook Hearing, the ‘Tech Company’ Misnomer, and the Luddite Gap in Congress

It’s ridiculous to suggest that Facebook should independently monitor every third party’s advertisement on its site to make sure that the advertiser and the ad are legitimate, authentic, and safe for general consumption; but frankly between its “flag” feature where users can report problematic ads or behavior on the platform, its Artificial Intelligence surveillance, and its team of 10,000+ ad auditors (which Zuckerberg stated in the Senate that he’s increasing to 20,000 soon), Facebook is doing exactly that. So what more could we reasonably ask? On top of that, it’s Facebook users who are choosing to share so much private information about themselves with the public on their Facebook profiles!

Read More
Will Farmers or 3rd Party Repair Shops Sue John Deere for Allegedly Contractually Prohibiting Unlicensed Tractor Repairs?

In the last couple years, tractor manufacturer John Deere (formally Deere and Co.) has allegedly been limiting the ability of purchasers of its tractors to independently work on these tractors or from having any third party parts & repair providers work on said tractors unless they are licensed by John Deere to do so.

Read More
Tort Reform, Defamation of Character, Depression in the Technology Age, and Other Modern Ethical Qualms

Indeed, technology is a double-edged sword. Perhaps part of the litigiousness of our nation, and especially of California, New York, and New Jersey, is caused by the ultimate distance that technology has placed between us, what with people feeling far more heady and sharp-tongued to slash and burn at each other’s character, business, and style on the internet’s social media sites, review sites, video posting sites, and all their comment sections, not to mention through the modes of email, text message, and of course the telephone.

Read More
What Real Democracy Looks Like: You at Your Laptop Making Stuff Happen

Ok, your street needs paving, and it’s been pockmarked with potholes for a while. Your air smells like sewage, so it’s time to look into your county’s wastewater treatment center. Or you need a better source of electricity in your state than you’re currently getting. So what do you do? Wait for your politician to do something about it, right Wrong! Because you’ll be old and gray before that happens, as we all know. But this is representative democracy at its finest. And representative democracy is really just a bunch of baloney parading around as democracy. It’s basically oligarchy — a political system where a small group of people (e.g., career politicians, the rich, the well-connected) control the government.

Read More
Overview of US Patent Litigation and US Patent Law

Many business professionals often lack a sufficient understanding of the fundamentals of US Patent Law. To bridge the gap and make my professional conversations with clients more useful and time-effective, I offer the following synopsis of US Patent Litigation and Patent Law. Please note that this synopsis is only for basic informational and entertainment purposes and should not be relied upon as legal advice. You should consult with me personally to discuss your Patent Litigation matter.

Read More
Identity Theft and Your Business’s Liability to Your Clients’ Safety

It is best to review your business’s policies and procedures in maintaining the highest available levels of security for your databases and online accounts, be as organized and diligent as possible in your data management and online security practices, and take all the necessary precautions by training your personnel appropriately. Since nobody is impervious to online attacks, as we learn from Mr. Honan’s unfortunate example, it is important to also clearly inform your clients of such possibilities in your contractual language.

Read More
Overview of California Trade Secrets Law and Trade Secrets Litigation

From my experiences as a bicoastal business attorney practicing in CA, NY, WA, DC, and MA, our nation’s most progressive business startup states, I know that many startup founders are brilliant intellectuals who have created winning positions in their field by way of their professional creativity and personal drive. Yet simultaneously these individuals often lack any real legal knowledge and high-quality legal representation to help them avoid Intellectual Property litigation and understand the power and nuances of Trade Secrets Law. To that end, I have prepared this brief outline of California Trade Secrets to help startup professionals understand the legal and rational underpinnings of this area of the law, helping them to better communicate with me during legal representation.

Read More