Paul Menes/ADLI Law Group

Paul Menes/ADLI Law Group Paul is Co-Head of Entertainment and Media at ADLI Law Group. He has a business mindset. He's focused on his clients’ success. He takes their business personally.

Paul is a transactional entertainment (in music, TV and film, for artists, creators, production, licensing, distribution, live events), digital media (content licensing, social media marketing, companies’ online presence, app developers), branding and copyright lawyer—with a difference. Paul believes too many professionals (lawyers and accountants included) focus on telling their clients what they

can’t do. Paul tells them what they can do and how to accomplish it, to help them succeed. If his client is sweating it, so is Paul. If they need him on weekends or at odd hours, he is there. If there’s a deadline, he will meet it. If they’re thrown a curve ball, he will hit it. He's collaborative. The law impacts every facet of a business. Paul understands that someone in his firm from a seemingly-unrelated practice area might have the idea or solution to solve his client’s daunting business problem. Paul knows when to pick their brains to achieve this for his clients. He's entrepreneurial. Paul don't just look out for his clients' interests - he furthers them. Paul keeps his ear to the ground, seeking new alliances and opportunities for them. His phone book and contacts are extensive after 30 years of practice, making Paul a valuable resource for making connections for clients and colleagues.

06/29/2017

ADLI Law Group recognized as California 2017 ACQ5 Full Service Law Firm of the Year, Business Litigation Law Firm of the Year and Patent Litigation Law Firm of the Year.

06/22/2017

I need to add new information to a patent application I filed a while ago, how do I do that?

Peter Huang, Associate Attorney at ADLI Law Group writes:

Under U.S. Patent Law, and pretty much everywhere else, you cannot add or change anything to a filed application that is not supported by the original application. If the new information is not being disclosed in the original application and you try to amend your specification to include it, the Patent Examiner will reject it as “new matter.” The best way to resolve this issue is to file a “continuation-in-part” (CIP) application that claims the priority of the original application. CIP application allows the applicant to add subject matter not disclosed in the original application (also called “parent application”), but repeats substantial portion of the original application, and shares at least one inventor with the original application. As such, the CIP application is also a convenient way to claim enhancements developed after the original application was filed. Also, you should not simply file a new and separate application to cover the new information because the original application may become a prior art against the new application if the new application does not claim any priority to the original application.

06/15/2017

In the webinar, attorney Lester Rosen, author of "The Safe Hiring Manual," will provide real world examples and suggestions on what employers should do now to comply with EEOC Guidance while performing criminal background checks.

05/16/2017

The decision clarified a major point of ambiguity for employers who have to consider multiple statues when instituting work policies.

05/04/2017

When Social Media and Trade Secret Law Collide How to Protect Your Trade Secrets in the Social Media Age - Paul Menes, Co-Head of Entertainment & Media at AD...

05/01/2017

Will My Employer Be Notified of My Arrest and Later On A Misdemeanor Charge?

Q&A with Anthony McClaren, Senior Counsel at ADLI Law Group:

Q: I work for a government agency and was arrested for misdemeanor and booked in a jail for one night and will try to do diversion. I had my work ID badge on me when I got arrested. When I anonymously asked about it from HR, they said if you've been background checked after 2014, we will be notified, and you should let your supervisor know about your arrest. Are they bluffing? My plan is to not to say anything and not to apply for new job nor promotion (which will need a background check) until the diversion is over and the record is hidden. Is there anyone here knowing about this public sector employers and the way this system works? Unfortunately no employment lawyer helped me understanding the situation as they all said this is not something they know anything about! They also said call your union, which was useless. I even thought about trying to get a very long extended unpaid leave, or conditional resign, to be able to quit now, and return when it's all over, because obviously if I'm convicted with this particular misdemeanor, I'll be terminal anyway.

A: Hi. You are in an unfortunate position, and I empathize with you. I understand your thinking and intentions regarding trying to keep this matter "under the radar" for as long as possible, so that perhaps it will fall off and your employer will not become aware of it. However, any offense that resulted in a one night jail stay is not, in general terms, the sort of offense that will quickly go away. Whether or not the arresting agency reports the arrest to your employer (or the Court, or a small-town blog, or a bail bondsman), is unknown, but depending on the size of your community and other factors, the possibility is always there that your employer will learn of the arrest. Importantly, even if you are able to complete the "diversion" and the charges are ultimately dismissed, you will still have been arrested. I do not know, from your description, what sort of government employee you are (federal or state, municipal, county, city, other), though I can assume you are not law enforcement. Regardless of the type of government employee you are, however, you will presumably be governed by multiple employment documents, including, but not limited to, a Memorandum of Understanding and/or Collective Bargaining Agreement, a Federal/City/Local Charter, and potentially an employment agreement. I suggest you review those documents, again, to determine your obligations for reporting when arrested, and when convicted. It may be that you find yourself not in as bad as a situation as you think, depending on the nature of your arrest, if you informed your employer of what happened. After all, life happens, and no one is free from challenges, legal, family, or otherwise. What should be more concerning for you, however, is your intention to try and deceive your employer about the arrest. In my experience, the activity of concealing things from your employer, and particularly with government employers, is almost certainly a terminable offense. The government takes these activities very seriously. So, in summary, I suggest you review your employment documents, figure out your obligations, compare them to your current criminal charge, and at that point, perhaps, you might need a union representative or attorney to help you navigate telling your employer. Good luck.

04/27/2017

Attending the World VR Forum? Use Paul Menes' speaker promo code: "PaulM-WVRF17" to save 50% off the full pass ticket!

04/26/2017

Am I able to take legal action against U-Haul or their insurance company Repwest?

Q&A with Anthony DiMonte, Head of Corporate & Business Transactions:

Q: In 2016 I rented a storage unit at U-Haul storage, but I did not get any signed contract. Now in mid September I noticed one of their windows open, now keep in mind the unit is climate controlled, well the whole section is. After realizing that I did put sensors in the unit that detect fluctuating temperatures. Now these sensors do activate once the temperature falls below 32 degrees. On 2/24/17 I went to the unit to unpack a 1939 Gerstner & Son 11 drawer cabinet. When I unpacked the cabinet it was cracked form both left and right sides. This item was packed in a box with packaging material and upon opening one of the drawers I noticed the sensor was activated. I also looked for the other 2 sensors and they also were activated.

My claim with Repwest was denied and they instructed me to a paragraph in their contract which says "damage resulting from nuclear explosion, contamination, war, civil insurrection, natural deterioration, insect infestation, water, tear and atmospheric condition change" was not covered.
I have sent certified letters to the managing owner of U-Haul stating I did not sign any contract and also asked if there is a signed contract I would like a copy and no response.

A: The language of the contract will ultimately determine whether you have a claim or not. The way one would analyze this type of a problem is in two basic steps: (1) Isolate the scope of the service that U-Haul agreed to provide; and (2) evaluate strength of proof that U-Haul failed to provide the full scope of agreed services.

The first step is typically determined by reference to the contract. Although it may have been your expectation and you were getting a strictly climate controlled unit (and, indeed, it may have been marketed that way), the contract may have manifold exceptions or exclusions that lay out of much more narrow scope of conditions that U-Haul could be liable for.

On the second question: It seems you may have some substantive evidence on the condition of the unit and it would be wise to scrupulously document and memorialize that evidence and sensor readings to insulate yourself from a future challenge that these readings were contrived. However, be mindful that no matter how convincing your evidence of the condition of the unit may be, the efficacy of such evidence is totally subject to the answer to the first question (i.e. the scope of what U-Haul could be liable for).

With respect to getting a copy of the contract that you may have signed, I want to make it very clear that I would never advocate lying. I issue this caveat because I am unclear as to whether, on the one hand, you recall signing a contract and simply never received a copy or, on the other hand, you are unsure as to whether you ever signed a contract. Assuming you meant to convey the latter, one approach to U-Haul would be to inform them that you never signed any agreement with the language they cited and are not bound by any written contract. Your position may follow that the only agreement between the two sides is your agreement to pay a certain rate (which I assume you paid) and their oral promise to keep the unit climate controlled - an agreement that was clearly breached when the unit fell below freezing. Hopefully you will be pleasantly surprised at the speed with which they refresh your memory by providing a contract purportedly signed by you.

-haul

04/19/2017

What is Specimen for Trademark Application?

Peter Huang, IP Associate Attorney at ADLI Law Group writes:

When you are filing Use-In-Commerce Trademark Application, Statement of Use or Section 8 Declaration of Use, you are required to submit something called “specimen.” Some clients got confused by the word, and thought that they need to send samples of their product to the U.S. Trademark Office. Fortunately, that’s not the case. In plain words, the term “specimen” refers to evidence (mostly photo or screenshot) that shows the applied-for mark is used in commerce and in association with goods or services identified in the trademark application. For example, if you applied the mark ABC for toy car, the proper specimen would be a photo showing a toy car with the mark ABC on it, and preferably another specimen showing that the toy car is on-sale (e.g., photo that the car was on store shelf or screenshot of website where the toy car can be purchased). Not providing a proper can cause your application to be delayed, or even abandoned. Consult with a trademark attorney if you are unsure how to provide specimen.

-In-CommerceTrademarkApplication

04/13/2017

Annual Performance Reviews

Brandon Takahashi, Head of Labor & Employment at ADLI Law Group writes:

This topic goes hand in hand, in my mind, with the continued use of “honesty policies” in employee handbooks. While some employers have been doing away with annual performance reviews, the general reticence in all industries still comes from the fact/question/belief that annual reviews serve two important purposes: (1) to enable to gauge an employee’s performance, meriting a salary increase at the end of the year; and (2) to provide written proof of performance, in order to support termination decisions and manage the risk of exposure to lawsuits. The efficacy of annual reviews lies, in large part, with strong, properly-trained managers who will ensure that reviews are completed. Of course, in order to ensure strong managers, then they too must be reviewed, and disciplined if their performance is under par. Some of the best ways to ensure that annual reviews don’t “fall off” are to set procedure in place with a designated human resources professional, if a company is large enough to have one. If a company is smaller, and is without a human resources professional, then the duty must fall to upper management in the hierarchical organization structure. There are also several stages of review; not just the annual performance review.

In the other school of thought, some companies believe that smaller reviews without one big annual review are more practical. This can be a more “real-time” evaluation, as the evaluations are broken up throughout the year, instead of delivered in one large review at the end of a year. Depending on the nature of a company and the industry it is in, either approach can be fine – so long as the time is taken to fulfill either.

04/10/2017

Solar Contractor Do's and Don'ts!

Marina Manoukian, Head of Family Law at ADLI Law Group writes:

In recent years, installation of solar panels has become a lucrative and growing business. Many contractors have chosen to forego their conventional construction projects and get into the business of selling, financing and installing solar panels. As solar panel installations on homes have increased, so have complaints to the Contractor’s State License Board (CSLB). In 2010 there were only 59 complaints to the CSLB in connection with solar panels. Between January 1, 2015 and May 1, 2016, however, the complaints surged to 535.

The majority of the complaints stem from the sales/lease process rather than the quality of the installation work. The complaints include misrepresentations regarding the electric production claims and cost savings, as well as offers of financing that are not really in the consumer’s best interest. For example, a solar salesperson can tell a homeowner that they can save $400 per month on their electricity bill if they install a solar panel and then offer a financing plan of $350 per month to pay for the solar panel. If the homeowner takes that deal and then realizes that the savings on electricity are only $100 per month, that means that the homeowner went into the deal thinking he or she would save $50 per month just to find out that he or she is now paying $250 more per month.

Based on a rise of complaints to the CSLB, the CSLB is taking measures to aggressively investigate the complaints, including establishing a Solar Task Force.

So how should a solar contractor avoid complaints by consumers? Here are a few tips:

1. Make sure you are properly licensed as a solar contractor under a C-46 license. This license covers installation, modification, maintenance and repair of solar energy systems.

2. Make sure that you register your sales staff through the Home Improvement Salesperson program with the CSLB. Note that if you have a business establishment where your products are on display and potential customers come into your store, the sales staff there are not required to be registered. But if they solicit homeowners directly, then make sure they are registered.

3. Train your sales people properly so they avoid misrepresentations regarding performance and cost savings. It is impossible to give exact predictions regarding performance and cost savings because the outcome is dependent on the equipment, site location and weather patterns. Any promises otherwise, will get the contractor/sales person in trouble.

4. Make sure to follow and comply with the permit process for the city, county or municipality.

Marina Manoukian is Head of Family Law at ADLI Law Group and a construction attorney with 22 years of experience in construction litigation and counseling. She can be contacted at (213) 623-6551.

04/06/2017

How to handle copyright infringement and someone impersonating me online selling my pictures.

Q&A with Paul Menes, Co-Head of Entertainment and Media at ADLI Law Group:

Q: I am a photographer, but stopped taking pictures 10 years ago. Recently I found out that someone is making accounts in my name and selling my pictures to companies online. Those companies are making posters, prints, and different products. One company is international the others in the US. I understand these companies probably thought they were dealing with the actual photographer, but does that make it ok? Can I still ask for compensation? I think measures should be in place to verify identity of seller. I thought about sending a message to these companies, but doubt they will give me any compensation. In addition to that, who is this person using my name selling my pictures? If I message these companies he will probably run and never be heard from again, and I doubt they will give me his info. There are 3 or 4 websites involved in this. I have extremely limited resources for this. This person has been unable my pictures without any watermarks, or anything making a account in my name, its all so bad. What can I do what type of lawyer do I try to contact? Is there a type of investigator or lawyer that might handle this based on compensation earned as I have limited resources?

A: You need to contact and have a consult with an experienced IP attorney as soon as possible. There appear to be a lot of moving parts here.
However, there are a few preliminary things that I believe you should or consider. Do you own the pictures? Were they shot for someone else or just for your uses? If they were shot for someone else, did you sign a work for hire agreement, giving ownership of the photographs to the contractor?
If it's determined that you do own these photographs, you should immediately register them for copyright in the US Copyright Office, if you haven't done so already. You can do this yourself without a lawyer. The site is www.copyright.gov. Many of the photographs can be registered under one registration, for one filing fee, which is pretty nominal.
One reason registration is important is because it’s a prerequisite to filing a federal court copyright lawsuit. Registration also allows you to get certain types of damages and attorneys’ fees not available without registration.
Registration is also a good idea before any DMCA take down notices are sent to websites. It would help prove you were in fact the copyright owner, which is a requirement of a take down request.
If any of the photographs are of people, do you have releases from them to make commercial use of their names, faces and likenesses?
There are also ways through litigation to have the identity of this infringer made known to you.

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