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Legal advice versus business advice People hire lawyers to give them legal advice. Sometimes, people also hire lawyers to give them business advice. This may introduce thorny considerations because lawyers generally should not give business advice (more on that below). However, sometimes they can, and do (more on that too). As a business lawyer who
What is the EU CBAM? Over the past few months, a number of my US clients that export to countries in the European Union (EU) have sought my help in getting clarity regarding the new EU Carbon Border Adjustment Mechanism (CBAM). This surge in client inquiries stems from their EU-based customers requiring that these American
The United States Trade Representatives (“USTR”) today released its long awaited four-year review of the tariff rates imposed by former President Donald Trump. As was widely expected, the USTR recommended that “products from the PRC currently subject to Section 301 tariffs should remain.” The USTR also proposed increasing tariffs on a targeted range of products
The Trademark Functionality Doctrine The Trademark Functionality Doctrine limits what can be trademarked. It prevents companies from getting exclusive rights to functional features of a product, like its packaging or design. This protects competition and ensures there are a variety of choices for consumers. Patents, on the other hand, grant inventors a temporary monopoly over
The Court Rules are Everything For lawyers, adherence to rules is paramount. Attorneys thrive on structure, order, and, you guessed it, rules. But here’s the thing: being a good attorney isn’t just about knowing the rules; it’s about using them to help our clients succeed. That’s where the real lawyering happens. Great attorneys go beyond
What is a Copyright? The word copyright is a legal term of art used to identify the type of protection granted to an author, or creator, of certain types of creative works. When you set out to write a book, or a screen play, what you created, what you typed into your computer, or wrote
How to Tokenize Real Estate Tokenization of assets is one of the most common discussion topics in my blockchain/web3 practice. Both tangible and intangible and intangible assets can be tokenized. I have discovered that many first-time founders get lost in the cool functionality of their product and rarely step back to determine what the marketplace
San Francisco vs. Oakland: Trademark Battle Over Airport Name San Francisco and Oakland are embroiled in a court dispute over the Oakland Airport’s plan to rename its airport “San Francisco Bay Oakland International Airport.” Without doubt, this’ll be an interesting case to watch, as the court determines whether Oakland’s actions constitute trademark infringement. It is
The Inter-Pacific Bar Association (“IPBA”) kicked off its 32nd Annual Meeting and Conference in Tokyo, Japan, last week. This was the first time the meeting has been in Tokyo since its 1991 inaugural year. More than 1400 people from more than eighty countries participated, marking the event’s recovery from the Covid-19 pandemic. It also provided
Deepfakes — sophisticated AI-generated videos capable of seamlessly grafting a person’s face and voice onto another body — are stark examples of the challenges faced with AI technologies. Deepfakes are hyper-realistic fabrications that blur the lines between truth and fiction, presenting a formidable threat in the realm of misinformation. Deepfakes also have political implications, painting
