When does “Puffery” constitute Investor-Fraud?For many companies seeking to raise capital, an important 9th circuit case is illustrative of what exactly constitutes actionable puffery, which would generally constitute a false and misleading material statement to...
Blog
Piercing the Corporate Veil and Personal Liability for Business Debts
It is a common presumption that when a business owner incorporates their company or registers it as an LLC, they become protected from being held personally liable for any debts incurred by the business. Although this may be true to a certain extent, it does not...
Can an Employer be Held Liable for an Employee’s Family Getting Sick? The Answer is, Shockingly, “Maybe”.
While employers generally understand that they owe a duty to maintain the safety of their employees while those employees are in the scope of their employment, can an employer be responsible for the health, welfare and safety of an employee’s family? As a result of...
The Fair Use Doctrine as a Defense Against Copyright Infringement Claims
The right to copyright protection is outlined in the U.S. Constitution to protect the rights of those who produce content; however also embedded in the Constitution is the idea that the “progress of science and useful arts” must be promoted. U.S. Const. Art. I, § 8,...
TALG’s Business Law Update – March 2022
1. SEC’s Proposed Rule Regarding Cybersecurity Breach Notifications On March 9, 2022, the United States Securities and Exchange Commission (“SEC”) has proposed a rule requiring publicly traded company to disclose “material” cybersecurity breaches within 4 days of the...
When Software is a Medical Device: The FDA Guidance on Premarket Submissions for Device Software Functions
Are smartwatches and smartphones now considered “Medical Devices” under the Food Drug & Cosmetic Act?
Relocation in the Age of “Calexodus”
Relocation cases can be difficult and emotionally trying for everyone involved. California courts have attempted to minimize the adverse consequences of relocation by keeping the best interests of the children paramount.
TALG Opening New Office in Arizona, Welcomes New Attorneys
It is with great pride we share news of our expansion. TALG Partner, Matthew Vesterdahl, will lead the firm’s entry into Arizona.
An Alternative Forum for Copyright Infringement Claims: A Synopsis of the Copyright Alternative in Small-Claims Enforcement Act
The Copyright Alternative in Small-Claims Enforcement Act of 2019 (the “CASE Act”) was signed into law on December 27, 2020. The CASE Act established a Board which shall become effective on December 27, 2021 to act as “an alternative forum in which parties may...
Use Those Marks or Lose Those Marks: Overview of the Trademark Modernization Act of 2020*
As the infamous 2020 came to a close, Congress shuffled in changes to the Trademark Act of 1946 by passing the Trademark Modernization Act of 2020 (“TMA”) on December 27, 2020. The TMA becomes effective on December 27, 2021 and makes several changes to federal...