01 June

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Breach of Fiduciary Duty in California

A breach of fiduciary duty claim arises when a person or entity who has been entrusted to act for the benefit of another fails to honor that obligation. Under California law, fiduciary duties are not imposed in every business relationship. But where a true fiduciary relationship exists, the law expects more than ordinary honesty. It demands loyalty, good faith, fair dealing, and, in many settings, careful management of the other party’s interests. California courts describe a...

25 May

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California Right of Publicity: Civil Code 3344 Guide

Posted by Taylor Howard

in Business Law, Business Litigation

California’s statutory right of publicity, Civil Code section 3344, is one of the state’s best-known commercial identity protections. It applies when a person’s name, voice, signature, photograph, or likeness is knowingly used without consent on or in products, merchandise, or goods, or for advertising or selling goods or services. This statute often appears in cases involving advertising campaigns, social media promotions, product packaging, online marketing, and unauthorized endorsements. What Must Be Proven? A plaintiff suing under section 3344...

20 May

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California Unfair Competition Law: Proof and Relief Guide

Posted by Taylor Howard

in Business Law, Business Litigation

California’s Unfair Competition Law, often called the UCL, is broader than many people expect. It prohibits “unlawful, unfair, or fraudulent” business acts or practices, which means a UCL claim can borrow from many different kinds of underlying misconduct. But although the statute is broad in scope, its remedies are narrower than many litigants assume. That makes the UCL an important claim to understand, especially in lawsuits involving intellectual property, advertising, online conduct, or business practices. What Must...

18 May

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California Art Purchase Agreements: Essential Legal Tips

Posted by Taylor Howard

in Business Law, Business Litigation

What a Strong Art Purchase Agreement Should Include Under California Law A strong art purchase agreement in California should do much more than state a price and identify the painting. It should clearly define what is being sold, what rights are being kept by the artist, how delivery and risk are handled, and what happens if there is damage, a dispute, or a later resale. In the art world, misunderstandings often arise not because the parties...

14 May

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LLC Commingling Risks: California Fiduciary & Alter Ego Law

Posted by Taylor Howard

in Business Law, Business Litigation

One of the fastest ways to create problems in a California LLC is to blur the line between personal money and company money. A member or manager may think it is harmless to use a personal credit card to cover business expenses, pay vendors informally, or reimburse themselves later. Sometimes those things happen in early-stage companies or closely held businesses. But when those transactions are not disclosed, not documented, or not properly entered into the...

11 May

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USPTO Trademark Opposition: Guide for Worldwide Business

Posted by Taylor Howard

in Business Law, Business Litigation

Answering a USPTO Trademark Opposition: What Businesses Worldwide Need to Know If your business has applied for a federal trademark in the United States and then receives a notice of opposition from the Trademark Trial and Appeal Board, that is a serious development, but it is not the end of the application. It means another party believes your proposed registration would damage its rights and has formally challenged your application after publication. See 15 U.S.C. §...

07 May

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What a Strong Art Consignment Agreement Should Include Under California Law

Posted by Taylor Howard

in Business Law, Business Litigation

In California, an art consignment agreement is not just a routine sales contract. When an artist places original work with a gallery or dealer for exhibition or sale, the relationship can carry agency and trust-based consequences that are very different from an ordinary inventory arrangement. That is why a strong art consignment agreement should be detailed, practical, and written with California law in mind. A good agreement starts by clearly identifying the parties and the artwork....

06 May

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What a Strong Art Commission Agreement in California Should Include

Posted by Taylor Howard

in Business Law, Business Litigation

What a Strong Art Commission Agreement in California Should Include A handshake deal may feel fine when an artist and a client trust each other, but art commissions in California should be documented with care. That is especially true when the commissioned piece may be used in business branding, office displays, advertising, limited-edition prints, or other commercial projects. A strong art commission agreement does more than set a price. It defines expectations, ownership, creative control, and...

05 May

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California Trademark Infringement: Business Owner Guide

Posted by Taylor Howard

in Business Law, Business Litigation

A trademark is often one of a company’s most valuable assets. A business’s name, logo, slogan, or other identifying mark can carry reputation, customer loyalty, and market recognition. In California, one important source of protection is the state’s Model State Trademark Law, found in California Business and Professions Code sections 14200 and following. For business owners, the key point is this: California statutory trademark infringement is not just about someone copying a logo exactly. It can...

08 July

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Is Your ‘Non-Binding’ Letter of Intent Actually Binding?

Posted by Taylor Howard

in Business Law, Business Litigation

Image about the potential binding nature of Letters of Intent in legal scenarios.

Explore how a 'non-binding' Letter of Intent can become binding, potentially costing millions, and learn drafting safeguards to avoid unintended obligations....

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Author: Taylor Howard