The High-touch Legal Services® Blog…for Startups!

© 2009-2018 Dana H. Shultz, Attorney at Law

Non-solicitation Provision Overturned in California

Graphic with reference to California Business and Professions Code, referenced in a case upholding an employee non-solicitation provisionIt is common knowledge that California generally prohibits post-employment non-compete provisions. However, people know far less about law pertaining to post-employment non-solicitation provisions.

In this post, I will describe existing post-employment non-compete and non-solicitation case law. Then I will discuss a recent case that may signal a new direction.

Background – Non-competition Provisions Disfavored

Business and Professions Code Section 16600 is the statutory basis for California’s post-employment non-compete prohibition: (more…)

What Is a Smart Contract?

Screenshot of a Google search for " smart contract "The term ” smart contract ” has been appearing a lot, lately. (A recent Google search returned more than 4 million hits!) But there is confusion and misunderstanding concerning what this term means.

This post explains what smart contracts are, and what they are not. (more…)

What Does ” Reserved ” Mean in a Contract?

Logo for Quora, where Dana Shultz wrote about why one sees " Reserved " in a section of a contractIn this post I will explain why one sometimes sees ” Reserved ” in a section of a contract. I first presented this information in a Quora answer. Please see What is a “Reserved” clause in a contract?

Sometimes Sections are Deleted from Contracts

Sometimes (especially in olden days), when one no longer needed a Section in a contract, the lawyer drafting or revising the contract didn’t want to remove that Section entirely. The reason for this reluctance? Removal would require changing the numbering of the following Sections. (more…)

Blame Your Lawyer – An Underappreciated Legal Service

Photo of Scrabble tiles spelling "lawyer" for post about how to blame your lawyerIn this post I will explain why, sometimes, it can be helpful to blame your lawyer for something that really is not the lawyer’s fault.

In my experience, this situation typically arises when a client is negotiating business terms with a counterparty. (more…)

Important Independent Contractor Agreement Provisions

Logo for Quora, where Dana Shultz wrote about independent contractor agreement provisionsI am writing this post because of a Quora question that I answered. Please see What are the most important provisions in an independent contractor agreement?

Independent Contractor Agreement Business Terms

As concerns business terms, the most important provisions in an independent contractor agreement pertain to the following. (more…)

Assignment and Delegation in Contract Law

Logo for Quora, where Dana Shultz answered a question about the terms assignment and delegation under contract lawAssignment and delegation are terms that have specific meanings in U.S. contract law. I am basing this post on a Quora answer that I wrote recently. Please see What are assignment and delegation in contract law?

In contract law, “assignment” can have a narrower meaning and a broader meaning. To start, I will discuss the narrower meaning. (more…)

Consumer Review Protection Now Part of Federal Law

Seal of the Federal Trade Commission, which enforces the Consumer Review Fairness Act of 2016Consumer review protection now is part of federal law. Specifically, in December 2016, Congress passed, and then-President Obama signed, the Consumer Review Fairness Act of 2016, 15 USC Section 45b.

Interestingly, this law has some similarities to – but is more detailed than – a law that California put into effect about two years earlier. See Consumer Non-disparagement Clauses Nixed in California. However, the federal law applies only to consumer reviews that involve interstate commerce. (more…)

Constructive Notice Makes Sense – Here’s Why

Logo for Quora, where Dana Shultz answered a question about constructive noticeThis post is about a legal concept, constructive notice.

Its origin is a Quora answer that I provided. Please see If nobody reads the Terms of Service then how can they legally be acceptable as a disclaimer? (more…)

Hyperlink in Email Can Create Binding Terms

Stained-glass seal of U.S Court of Appeals for the Second Circuit which decided hyperlink caseIn Online Terms can be Binding, even if You don’t have to Click!, I discussed enforceability of a website’s “browsewrap” terms of service. This post discusses how an email hyperlink can create binding contractual terms.

Lawsuit Brought in New York

Elizabeth Starkey filed suit in the U.S. District Court for the Southern District of New York against travel company G Adventures, Inc. The suit alleged that a G Adventures employee sexually assaulted Starkey during a vacation trip. (more…)

FTC Says Gag Clauses Violate Federal Law

Seal of the Federal Trade Commission, which filed a Complaint about gag clausesLast year, I wrote about a California law that prohibits non-disparagement clauses in consumer contracts. (See Consumer Non-disparagement Clauses Nixed in California.) Recently, the Federal Trade Commission took the position that such “gag clauses violate federal law, as well.

Roca Labs’ Obesity Treatment

Roca Labs claims that it has an alternative to bariatric surgery as a treatment for obesity. Roca says that its “proprietary regimen decreases hunger motivation, decreases urge to eat, and reduces gastric capacity by 45% to 65%.” (more…)