Improper Classification of Workers as Independent Contractors – the DOL issues new guidance on its Worker Misclassification initiative

The classification of workers as independent contractors rather than employees is considered a huge problem nationwide by the U.S. Department of Labor and other federal and state agencies. The DOL has recently issued new guidance on its ongoing worker “misclassification initiative” and its view that the standards of the federal Fair Labor Standards Act should [...]

By |2019-06-18T23:05:48+00:00August 11th, 2015|0 Comments

Can corporate directors and officers be held personally liable for unpaid wages?

There may be times when the buck does not stop at the legal entity, if employee wages, employment taxes and labor penalties are involved. In Reynolds v. Bement (2005), the California Supreme Court found corporate agents including directors and officers acting within the scope of their agency were not personally liable for the companys failure [...]

By |2019-06-18T23:05:48+00:00August 3rd, 2015|0 Comments

Affiliated Businesses can be liable for missclasification in California, as Co-Employers or Joint Employers

In California, when workers claiming to have been misclassified as independent contractors seek redress from the California Labor Commission, they will most likely be deemed to be employees, and the de facto employer of those workers should have treated them as employees and now owes unpaid salary and penalties. Under California Labor Code Section 226.8 [...]

By |2019-06-18T23:05:48+00:00August 3rd, 2015|0 Comments

From Notes on a Napkin to Series A – Representing the Startup or Early-Stage Company

Last May I organized, moderated and taught in-depth class for lawyers on the special issues raised in working with startups and growth companies. This was the 5th version of the class, which I started organizing more than 10 years ago, through California's state-wide continuing education entity, CEB. The great thrill, and challenge, in working with [...]

By |2019-06-18T23:05:48+00:00July 1st, 2015|0 Comments

The Copyright Wars: Fighting for Free Speech Online, Rationalization of Copyright Royalty Boards Procedures, and Fending off the Copyright Trolls

Consulting attorney Catherine Gellis helped win a sizeable attorney fee award in an online free speech case brought with Public Citizen and she also represented a group of college broadcasters, first before the Court of Appeals for the DC Circuit and now before the US Supreme Court as a related petition for a writ of [...]

By |2019-06-18T23:05:49+00:00May 1st, 2014|0 Comments

Crowdfunding for Early-Stage Financing:  Are we there yet?

Many familiar with the successes and well-publicized launches of crowdfunding sites like Kickstarter and IndieGogo have asked about opportunities to fund their new startups through similar websites. Yet despite much excitement around these new enterprises, we have yet to see widescale adoption of crowdfunding for early-stage equity securities financings. In 2012's JOBS Act, Congress authorized [...]

By |2016-01-26T22:19:53+00:00May 1st, 2013|0 Comments

GTLDs, or should we really care what happens at ICANN?

With the expansion of possible top level domains in 2012, so that your company can be found on the Internet at as well as at Products.ACME, does it really matter at this point?  ICANN (the Internet Company for Assigned Names and Numbers, the official governing body of internet domain names and domain registries and [...]

By |2016-02-03T17:06:16+00:00June 15th, 2012|0 Comments

Privacy and Data Security’s ever-expanding Regulatory Oversight:  Move over FTC commissioners, here comes the CFPB

The Dodd-Frank Wall Street Reform and Consumer Protection Act and particularly Title X, known as the "Consumer Financial Protection Act of 2010", creates a new agency, the Bureau of Consumer Financial Protection, established within the Federal Reserve System, which "shall regulate the offering and provision of consumer financial products or services under the Federal consumer [...]

By |2019-06-18T23:05:49+00:00June 15th, 2011|0 Comments

Can you Spam or can’t you?  CAN-SPAM and California’s CANNOT-SPAM laws

Many of us may have thought that, despite the advent of a federal statute governing commercial email, the CAN-SPAM law of 2003, spam or, to use the neutral term, unsolicited commercial email, was regulated not prohibited.  All that is needed is some care to appropriately use unsubscribe / opt-out language, using working links and addresses [...]

By |2016-01-26T22:19:53+00:00June 1st, 2011|0 Comments