Archive for category: Publications

Building with AI: How to Think About IP Protection When Your Code Is AI-Generated

If your team is writing software without generative AI, your competitors may soon be outpacing you. If your team is using it without proper controls, you may be building a codebase you don’t actually own.

That second risk is less obvious, and it tends to surface late. A company builds a product using AI coding tools, ships it, and begins attracting acquisition interest. During diligence, buyer’s counsel asks about a portion of the codebase.

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Protecting Agentic AI System: Essential Licensing Restrictions

As agentic AI systems become more powerful and more deeply integrated into hardware products, the legal framework governing their use becomes increasingly important. Developers who create these systems must protect their intellectual property and prevent misuse or unauthorized expansion of their technology.
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B2B Rebates Drive Smarter Channel Partner Sales

B2B rebate programs consistently outperform traditional discounts in loyalty, margin protection, and strategic insight. Discounts may close deals quickly, but they often erode value and provide little insight into partner engagement.
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A Presumption In Favor of ‘California’ Employees

Technology workers from Bangalore, software instructors from Arizona and Colorado, truck drivers in San Diego, and cucumber harvesters in Gilroy, California… Cases involving workers as varied as these have helped form a body of wage-and-hour law that all California employers, and out-of-state employers sending employees to work in the state, must understand, say Elizabeth Roth and Barbara Tanzillo of GCA Law Partners LLP.

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Homeowners’ Association Case May Signal Change in Unconscionability Analysis

In a case of first impression, the California Supreme Court ruled that, despite the apparent unconscionability of a developer negotiating an agreement “with itself,” the arbitration provision was nevertheless enforceable in Pinnacle Museum Tower Ass’n v. Pinnacle Market Development, 55 Cal. 4th 223, 282 P.3d 1217, 1221 (2012).

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R.E.A.C.H. May 2012: Perpetual Lease Options

When does a lease grant a tenant the perpetual right to renew? The California Court of Appeal recently dealt with that issue in Ginsberg v. Gamson. It is a cautionary tale for those drafting leases, where the misplacement of a few words can lead to unintended results.

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Wage-and-Hour Challenges in Drug Sales

In the recent movie, “Love and Other Drugs,” the lead character Jamie (Jake Gyllenhaal) gets a job as a pharmaceuti- cal sales representative (PSR). At a family dinner, Gyllenhaal’s messy, overweight, but very business-savvy brother, played by Josh Gad, explains the appeal of his brother’s job to their parents. As Gad ex- plains to them, PSR positions are the only entry-level jobs in America that can pay “a hundred grand a year.” (And there was no mention of overtime pay in the movie dialogue!)

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