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© 2009-2020 Dana H. Shultz, Attorney at Law

California Corporate Officers are Employees

Logo of the Employment Development Department for post about California corporate officers being employees

This post discusses why – especially now that Assembly Bill No. 5 (AB-5) has taken effect – in California corporate officers are considered employees rather than independent contractors.

California Corporate Officers Employees by Statute

The starting point is California Unemployment Insurance Code Section 621. This Section states, in relevant part:

“Employee” means all of the following:

(a) Any officer of a corporation.


What is Reincorporation?

Image of moving van, symbolizing reincorporationIn How Can I Move My Corporation to Another State?, I explained that there are three ways to move a corporation from one state to another. This post describes one of those ways: Reincorporation.

Three Ways to Move among States

That earlier post described those three ways to move a corporation to another state as follows: (more…)

How Can I Avoid Misappropriating Trade Secrets?

Logo for Quora, where Dana Shultz answered a question about how one can avoid misappropriating a former employer's trade secretsThis post discusses how one can avoid misappropriating a former employer’s trade secrets. I first wrote about this topic on Quora. Please see How does one make sure one doesn’t misappropriate software trade secrets?

Definition of Trade Secret

Unfortunately, there is no single definition of “trade secret”. Definitions vary somewhat from state to state, and the U.S. government recently created its own definition. (Please see Trade Secrets Receive Federal Protection.) (more…)

HTML Code Receives Copyright Protection

An example of simple HTML codeHTML (HyperText Markup Language) is the standard markup language that is used to create web pages. In a recent decision, the U.S. District Court for the Northern District of California determined that HTML code may receive copyright protection.

The case is Advertising FZ-LLC v. Netseer, Inc. Plaintiff alleged, among other causes of action, copyright infringement. (more…)

Trade Dress Protection for Look and Feel

Logo of Ingrid & isabel, plaintiff in a case about trade dress protection of website look and feelIn How Can I Protect the Look and Feel of My Website?, I explained that the “look and feel” of a website – or a smartphone – can be protected as trade dress or by a design patent.

This post examines a recent case that discusses the elements of trade dress protection in detail. That case is Ingrid & Isabel, LLC v. Baby Be Mine, LLC, decided by the United States District Court for the Northern District of California. (more…)

Season’s Greetings to All of My Clients, Colleagues and Friends

Wishing You Joy this Holiday Season & Success in the New Year

Wishing You Joy this Holiday Season & Success in the New Year