Legal Insights

Understanding the Stay of Civil Actions in California to Compel Arbitration
Joe Rogoway

Staying Civil Actions in California: How to Compel Arbitration Effectively

Understanding the Legal Standards, Enforcement Challenges, and Strategic Value of Arbitration In California, the process of staying a civil action to compel arbitration is a critical aspect of the state’s legal framework, designed to promote efficient dispute resolution. This blog post explores the legal basis for such stays, the relevant case law, and the procedural nuances involved. The Legal Backbone:

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Understanding a Motion for Summary Judgment in California Business Litigation.
Joe Rogoway

Motion for Summary Judgment in California: A Comprehensive Guide for Business Disputes

Navigating the complexities of California civil litigation can be daunting, but understanding powerful procedural tools like the Motion for Summary Judgment (“MSJ” or “Motion”) is crucial for success. An MSJ offers a strategic pathway to resolve disputes efficiently, potentially avoiding the time and expense of a full trial. This comprehensive guide will delve into the legal standards, procedural intricacies, strategic

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Trademark Protection for Plant Varieties
Josh Zetlin

Trademark Protection for Plant Varieties: What Cultivators and Nurseries Need to Know

Trademarks are among the most valuable assets of any business, including those in the plant cultivation industry. For nurseries, farms, and other plant-growing businesses, a trademark can offer significant legal and commercial advantages by distinguishing their offerings in a competitive marketplace. What Is a Trademark? A trademark can be any word, phrase, symbol, design, or combination thereof that identifies the

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Plant Variety Protection: Securing Intellectual Property Rights for New Plant Varieties
Josh Zetlin

Plant Variety Protection: Securing Intellectual Property Rights for New Plant Varieties

Plant breeders, including nurseries, cultivators, and agricultural developers, regularly create new plant varieties that can carry substantial commercial value. Protecting these innovations as intellectual property is essential for maximizing their potential. The Plant Variety Protection Act (PVPA) (7 U.S.C. §§ 2321 et seq.) provides legal rights to breeders of new plant varieties. Administered by the Plant Variety Protection Office (PVPO),

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Labor and Employment | Breweries | Brewery | Lawyers | Legal Matters
Rogoway Law Group

Key Legal Considerations for Breweries, Part II: Labor and Employment Matters

Introduction to Labor and Employment Issues in Breweries All startups face challenges, but certain recurring issues are especially important to address at the very early stage of a business and throughout the lifecycle of a business.  Breweries must be mindful of labor and employment matters, including how they categorize employees verses independent contractors, having employee policies and handbooks in place,

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Rogoway Law Group

Key Legal Considerations for Breweries, Part I: Transactional and Contract Matters

Introduction to Industry-Specific Challenges All startups face challenges, but some industries experience a more specific subset of issues than others.  Breweries (particularly larger breweries and sometimes midsize breweries) are at increased risk for failure due to market competition, difficulty accessing funding and other specific commercial relationship risks that can impact accounts receivable, access to inventory and movement of product. Additionally,

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Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries
Josh Zetlin

Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries

Startup costs can present a major hurdle for businesses seeking to make their mark in the wine industry.  Fortunately, the “alternating proprietorship” model presents an opportunity for an ambitious company to produce its own wine without the burden of certain significant startup costs.  It also offers financial opportunities for existing wineries with excess capacity.  And, notably, in contrast to the

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Custom Crush Relationships and the Foundational Custom Crush Agreement
Josh Zetlin

Custom Crush Relationships and the Foundational Custom Crush Agreement

Introduction to Custom Crush Agreements The wine industry is complex, and it takes a significant amount of time, money and skill to produce a high-quality product. One aspect of the industry that has been gaining popularity in recent years is the “Custom Crush” model of business. This structure lets an aspiring wine maker enter the business without a producer’s license

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Grape Purchase Agreements are a type of contract governing the transaction between winemakers and third-party grape growers.
Josh Zetlin

Grape Purchase Agreements: Understanding Contracts in the Wine Industry

Introduction Grapes are the foundational ingredient of wine, so it should come as no surprise that the contract for winemakers to purchase grapes from winegrowers – the Grape Purchase Agreement – represents a crucial aspect of the wine industry. Nearly all winemakers purchase at least some of their grape supply from third-party grape growers. Grape Purchase Agreements, the type of

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Avoiding Labor & Employment Disputes From Onboarding To Exit.
Rogoway Law Group

Avoiding Labor & Employment Disputes from Onboarding to Exit. (Mitigating Risk of Liability in the Employee Lifecycle)

Introduction Now more than ever companies must be on top of staffing and employment issues. It’s always important to properly document onboarding employees and contractors, any issues that arise in the lifecycle of the employment relationship and any exit documentation, but in difficult economic times it is especially important to maintain recordation thereof and any human resources issues.  Mitigating Labor

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