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Orange County Business Litigation and Legal Malpractice Law Blog

Three ways to protect your business after being sued

While the old adage “you’re not doing well in business until you get sued” may have lost some of its luster in today’s economy, the specter of a lawsuit is something entrepreneurs and business owners should never dismiss out of hand. To some, a lawsuit is more than just an attempt to address a legal issue. It could be a means of settling a score, or a form of “legal” intimidation.

Regardless of the intent behind it, a lawsuit should be taken seriously, as protracted litigation can deprive you of more than just money. With that, this post will highlight a few proactive steps to be taken if you are served with a complaint. 

In-N-Out Burger files trademark suit to protect its brand

In today’s marketplace, competition among burger chains involves more than just McDonald’s, Burger King and Wendy’s. Upstart chains such as SmashBurger, Shake Shack and Burger Burger are providing stiff competition to fast food stalwarts. Like other fast food options, name recognition is critical, which is why hamburger franchise In-N-Out Burger has staunchly defended its brand names.

The Southern California based franchise boasts a following that its rivals envy, and it has built its reputation in part by establishing trademarks for a number of its burgers. According to a recent ocregister.com report, In-N-Out established trademarks on its “Double Double” and “Triple Triple” burgers in the 1960’s.

Infringement suit against Disney has a number of moving parts

The box office for summer movies may be down compared to past years, but major movie studios are banking on a number of holiday offerings to bolster their balance sheets. Disney is especially bullish on its prospects, with a number of live action remakes of its classic animated tales slated to make it to the big screen.

The future movies are not without controversy though. Disney is being sued over ownership rights to facial recognition technology called MOVA Contour, which is the foundation of a number of animated characters. 

Strong market for refinancing commercial properties

In today’s real estate market, having top flight property in a prime location is not enough. In order to truly make maximize an investment, an owner has to take every opportunity to refinance with competitive terms.

Having an advantageous financial position enables the property owner to attract the best tenants and to finance renovations when needed. In order to make such moves, having a strong borrowing profile is essential. If this is the case, lenders will offer extremely favorable terms. 

Why hotels have such aggressive renovation timelines

There are two things that drive people crazy when on vacation: bad traffic and construction noise. After all, most tourists go on vacation to get away from the trappings of their professional lives, and enduring traffic jams and construction sites are not tourist friendly by any stretch of the imagination.

But hotels are in a constant race to stay fresh and inviting, whether it is including the latest wireless connectivity, or changing the building’s aesthetics to make it modern and inviting. Indeed, many brands are embracing the trend of becoming “boutique” hotels by offering cutting edge designs in bathrooms and carpeting. Because of this, hotel renovations have notoriously aggressive schedules.

Why construction company trademarks must be registered

When it comes to establishing and protecting a brand, construction companies are no different from other entities, such as technology companies or restaurants. A brand is an identity that creates and identifies craftsmanship, innovation and goodwill to customers. To that end, registering a trademark can be equally as important.

This post will highlight a few reasons why. 

Tips for entrepreneurs who are working full time jobs

2017 is a unique time for startups. The economy is still expected to grow at a steady pace, startup money is still relatively cheap, and the amount of disposable income that Americans retain is high. While many believe that these are ideal conditions to launch a startup, some are ambivalent about striking out on their own and retain their 40-hour a week, W-2 jobs.

As a number of entrepreneurs have proven in the past, it is possible to launch a startup while working full-time. Indeed, it is not an easy endeavor, but it could be very rewarding. This post will provide a few tips. 

Three ways to emerge from serious business gaffes

For businesses, being in a lawsuit brings the potential to realize damages that extend far beyond the courtroom. Legal battles (and scandals) could put a company’s market share in jeopardy  since public trust is also a valuable commodity. Sometimes scourge of a public scandal is unavoidable. We’ve seen it with Uber (troubling sex discrimination claims), United Airlines (images of a mistreated passenger going viral) and Volkswagen (a decade of cheating on emissions tests).

When these types of events unfold, how can a company regain public trust? This post will provide some helpful tips. 

Volkswagen works toward redemption

The fallout from the Volkswagen fraud case is apparently turning into further business opportunities for the State of California and vulnerable communities. As part of the multibillion dollar settlement between state and federal regulators and the German automaker over the decade long hoax over its diesel engine efficiencies, Volkswagen will be tasked with expanding a clean vehicle infrastructure across the state.

California’s Air Resources Board had debated Volkswagen’s plan because of questions about its potential effectiveness. The automaker was required to spend at least $300 million over the next few years as part of a commitment to spend $2 billion over the next ten years on zero emissions resources and vehicles. Board members were skeptical of Volkswagen’s plan because it lacked sufficient detail regarding how it would spend the required 35 percent of its investment in disadvantaged communities. 

What to expect with a subpoena

In the course of litigation, one thing is certain: discovery. This is the process of gathering information from opposing parties (or specifically related third parties) to identify or resolve issues in the case. Sometimes discovery will consist of written interrogatories that will need to be answered within a certain amount of time. In some circumstances, a subpoena will be served.

A subpoena is a written declaration that requires a party or witness to attend a deposition or provide documents in preparation for a trial or hearing. This post will highlight two basic categories of subpoenas and their differences. 

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