Posts by David Abner

Control- A New Song for the Gig Economy

Control.. Janet Jackson started the discussion about it for Gen-Xers thirty-two years ago.. and the California Supreme Court will be amplifying that discussion for the gig economy in the coming weeks. Janet’s smash hit focused on establishing independence in parent-child, student-teacher and artist-record label relationships.. how’s that relate to the California Supreme Court? Easy, Dynamex…

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Proving the Value of IT.. Damages and the Defend Trade Secrets Act

IT came to you while daydreaming about a problem that’s vexed you for years.. Your company spent thousands of hours working on IT to solve nagging problems that will give you a discernible advantage over your competitors.. You and your company invested major resources to develop, test and sell IT.. then weeks after you bring…

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Cyber Pirates- The New Players in M&A

Of the many lessons 2017 has taught us, one that cannot be overlooked by all businesses and in-house legal teams regardless of size, industry or data possessed, is the need for conscientious planning and continuous efforts to protect company and customer data and the systems that house it.  2016 saw a record increase in data…

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Forced Arbitration.. the Next Battlefront

Last month, Congress and the President stepped in and blunted efforts to invalidate boilerplate clauses that compel arbitration in consumer and other contracts under the Fair Credit Reporting Act.  While the move has been hailed as a victory for proponents of these clauses.. if you have one in your contracts the question you need to…

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Privacy and The Long Arm of the Law…

No matter your intent.. and whether you want to or not.. websites, bloggers and web hosts who create online communities or serve as catalysts for public discussion and debate are at the vanguard of the rapidly increasing conflict between user privacy and the tools of the law to access to data.  Regardless of whether the…

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Human Evolution.. and the law.

Regardless of your religious or scientific beliefs.. society, and therefore the law, are full of examples of the external and internal evolution of “man” and our understanding of what it means to be human.  The concept of democracy, the Magna Carta, the U.S. Constitution, the 14th Amendment and Women’s Suffrage are all quick and unmistakable…

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Uber Problems- Executives.. Culture… and Transition

“Corporate culture starts at the top”… Despite volumes of anecdotal evidence and behavioral science studies proving the truth of this age-old adage, American business executives continue to add new chapters re-proving the veracity and usefulness of the saying on a daily basis.  When change in executive leadership becomes necessary, not only is swiftness of action…

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Manufacturing Defects- An Ounce of Prevention..

“An ounce of prevention is worth a pound of cure”.. “Measure twice, cut once”.. No doubt we can all point to an episode during our childhood where one of these old adages was the lynchpin of an ear curdling lecture.  Fact is, they hold as true in business as they do in our personal lives.…

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