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

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…)

Software Escrow No Longer Required

Picture of a lock box, symbolizing software escrowSoftware escrow requirements once were common in my law practice. In this post, I will explain why that no longer is the case.

I have seen such arrangements principally with respect to software that a developer hosts (software as a service – SaaS). In a software escrow, the developer delivers a copy of the software’s source code to an escrow company. The developer provides updated versions of the source code from time to time.

If the developer goes out of business, the escrow company delivers the source code to the developer’s licensee (customer). The licensee then has the right to use and modify the source code for its own internal purposes. (more…)

What does “amended and restated” mean?

Alaska Air Amended and Restated Certificate of Incorporation“Amended and restated” is a term that lawyers use a lot. (A Google search produces approximately 792,000 results.) This post discusses that term’s meaning and why lawyers use it. This is part of Dana Shultz’s Canonical Questions on the Law™ series of questions and answers about legal issues, concepts and terminology.

“Amended and restated” can apply to virtually any type of legal document. Examples:

  • Certificate/articles of incorporation;
  • Corporate bylaws;
  • Limited liability company operating agreement;
  • Any other type of agreement;
  • etc.

(more…)

” Legal Tender ” Does *Not* Mean that You Must Accept Cash

Logo for Quora, where Dana Shultz answered a question about legal tenderThis post about legal tender is a bit off-topic for this blog. However, I am writing it because it clears up a common misunderstanding, about which I recently wrote on Quora. Please see On every US dollar bill the message “This note is legal tender for all debts public and private” is printed. How is it then legal for some businesses to not accept cash?

The U.S. Department of the Treasury discusses whether the “ legal tender ” language on U.S. currency requires that cash payments be accepted. Quoting a portion of Legal Tender Status (link and emphasis added): (more…)

Canonical Questions on the Law™ Series Explained

Logo for Quora, where Dana Shultz created the Canonical Questions on the Law™ series of questions and answers about legal issues, concepts and terminologyThis post explains what the Canonical Questions on the Law™ series is. Equally important, this post explains why I created that series of questions and answers about legal issues, concepts and terminology.

I have been active on Quora, a question-and-answer site, since 2010. In a significant change, Quora recently limited questions to 250 characters. Users no longer are able to include lengthy paragraphs containing question details. (more…)

DBA – Notice, but No Protection

Logo for Quora, where Dana Shultz answered a question about a DBA providing notice but not protectionThis post discusses the purpose of a DBA (which is an abbreviation for “doing business as”). This expands upon a Quora answer that I wrote recently. Please see Can someone use my DBA if I operate as a sole proprietor?

Terminology

To start, I will note that business people frequently use the term “DBA”. It is short and easy to say, and people readily understand it. (more…)

Document Discriminator Appears on Driver’s Licenses

Logo for Quora, where Dana Shultz answered a question about the Document Discriminator that has been appearing on various states' driver's licensesThis post about the so-called Document Discriminator on driver’s licenses is somewhat off-topic for this blog. However, I find this tidbit of information so interesting that I feel compelled to write about it.

I first presented this information in a Quora answer that I wrote last month. Please see What does the DD on a Michigan driver’s license mean?

DD = Document Discriminator

DD is an abbreviation for Document Discriminator. A number of states started adding this piece of information to their driver’s licenses several years ago. (more…)

Monthly Missives Compilation Now Available

Picture of a calendar, symbolizing Dana Shultz's monthly missivesFrom late 2004 to early 2016, I published a not-quite-monthly email newsletter on various business-related legal topics – what I called my “monthly missives“.

I recently compiled the nearly 100 emails and have made the collection available on the Downloads page.

(more…)

Apple-FBI “Backdoor” Blog on Quora

Picture of FBI logo and Tim Cook symbolizing the Apple-FBI "backdoor" disputeI am fascinated by the Apple-FBI dispute concerning opening a “backdoor” to an iPhone used by one of the San Bernardino killers. As a result, I recently created the Apple-FBI “Backdoor” Blog on Quora.

The blog’s first two posts list:

  • Significant court filings and orders for that case.
  • Quora questions and answers that help explain the nature and details of the Apple-FBI dispute.

I intend to update those posts over time, and to add new posts when it is appropriate to do so.

Photo credit: Apple vs. the FBI: A Closer Look – Late Night with Seth Meyers

Dana H. Shultz, Attorney at Law +1 510-547-0545 dana [at] danashultz [dot] com
This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact a lawyer directly.

Attorney-Client Confidentiality vs. Attorney-Client Privilege

Graphic with reference to California Business and Professions Code, the source of attorney-client confidentiality obligationsAttorney-client confidentiality” and “attorney-client privilege” are terms that non-lawyers frequently mistake for one another or misuse. This post explains the difference between those terms.

While this post cites California law, similar considerations are likely to apply in other states.

Attorney-Client Confidentiality

An attorney’s obligation to maintain client information in confidence is set forth in Business and Professions Code Section 6068(e) . (more…)