One of the benefits of hiring a business law attorney who is also a longstanding business litigator is that you get someone who remains updated on recent court developments.  That can be crucial when you are drafting your legal documents.  It is always of interest to me when in my studies I...

It’s a balancing act. On the one hand, many business owners will tell you their trade secrets are their most valuable assets.  Its an asset that is not just valuable, but often hard to calculate, because it is intangible property. Once shared, trade secrets are even harder to keep competitors from using...

Confidentiality agreements and non-compete clauses:  both are common terms in employment and business purchase agreements.  The former enjoys broad acceptance. For example, both Hawaii (Haw. Rev. Stat. §§ 482B-1 et seq.) and California (Cal Civ Code § 3426 et seq.) recognize the Uniform Trade Secrets Act.  The latter, non-compete clauses,...

If you are a frequent reader of these articles, or a follower of court rulings, you are aware of how often arbitration clauses are being litigated. This week’s article involves a recent trial court ruling in the Ninth Circuit deciding whether an arbitration clause would survive after one of the parties to...