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What Qualifies as Misappropriation of a Trade Secret?

Wed, 22 Jul 2026 21:25:12 GMT

What Qualifies as Misappropriation of a Trade Secret?

Business owners work hard to build their companies from the ground up. This process involves a substantial investment in time, money, and effort. Thus, business owners have the right to protect their intellectual property. However, immoral individuals may take advantage of unsuspecting businesspeople to misappropriate confidential company information.

At Leet Law, we work hard to protect our clients’ rights and seek their best outcomes. Our business and trade secrets attorneys proudly serve San Jose, California, residents and business owners. We also extend our legal services to those throughout the Bay Area, including the communities of San Francisco, Oakland, and Palo Alto.

What Is a Trade Secret?

A trade secret is confidential information essential for a business’s proper functioning. The term “secret” denotes information the public cannot access. This information may include formulas, ingredients, components, diagrams, schemes, prototypes, designs, data, programming code, and other sensitive information not meant for public disclosure.

Generally speaking, trade secrets are included in patent filings. They can also be part of core business functions. Disclosure of trade secrets would likely place a business at a disadvantage with its competitors.

Consider these examples:

A fast-food restaurant has a special recipe that only upper management knows.
A pharmaceutical company develops a drug containing undisclosed ingredients until the product is FDA-approved and ready for public consumption.
An automobile manufacturer creates a new engine technology that promises to reduce gasoline consumption.
An electronics manufacturer has developed a new production system that will slash costs.

These examples highlight sensitive information that, if publicly disclosed, may negatively affect the corporation by allowing competitors to copy or patent it for themselves.

This potential situation underscores the secrecy in several industries, such as the pharmaceutical industry. Pharmaceuticals invest millions of dollars in bringing a product to market. Therefore, it's important for them to protect their trade secrets to prevent unethical replication of proprietary formulas.

What Qualifies as Trade Secret Misappropriation?

In essence, “ to misappropriate” refers to acquiring sensitive and confidential company information by unethical or illicit means. It is worth noting that the misappropriation of intellectual property or trade secrets is often an inside job.

For instance, research has shown that 37% of trade secret misappropriations stem from business relationships. The data obtained refers specifically to customer, vendor, and employee information. Additionally, information about resellers, insurance policyholders, and subscriber data are popular misappropriation targets.

The following are some common methods used to obtain trade secrets:

Information downloaded from servers or company computers onto pen drives.
Unauthorized reproduction of documents such as diagrams, plans, memos, letters, etc.
Copying of financial records and statements.
Undercover recording of conversations, speeches, or meetings.
Stealing of electronic and physical files.
Hacking into databases either on-site or remotely.

Please bear in mind unscrupulous individuals seek creative ways to access information illicitly. However, the likelihood of external hacks is much lower than internal ones. The bulk of these information breaches are caused by company employees.

The motivations for misappropriating information are often financial. However, some employees may feel compelled to share information they believe should be part of the public domain. These whistleblowers often use this term to disguise unethical or illegal means of obtaining sensitive corporate information. Authorized disclosure of confidential information is considered misappropriation. Doing so may violate copyright and patent laws opening the door to lawsuits.

Employee Protections against Employee Misappropriation

Considering that most information breaches occur from within, corporations must ensure they take appropriate steps to protect information, such as:

Non-Disclosure Agreements

Companies can ask employees to sign non-disclosure agreements (NDAs). Violation of an NDA comes with severe legal consequences, mainly based on financial compensation.

Cybersecurity Measures

Corporations must ensure robust cybersecurity measures are in place, such as multi-factor authentication, to avoid unauthorized users accessing sensitive information.

Employee Training

Companies can invest time and effort in providing information security training. This training is often part of the onboarding process.

Remedies for Misappropriation

The most common means of repairing trade secret misappropriation is litigation, which can unfold either civil or criminal court.

Civil litigation aims to obtain financial compensation for economic damages stemming from an information breach. For instance, an employee sharing a customer list with competitors causes the company to lose customers. As a result, the liable party would need to compensate the affected parties for their losses.

Criminal charges may arise if fraudulent and illicit means are used to obtain information. For example, suppose an employee breaks into an office to gain access to documentation. This action may constitute trespassing or burglary.

Speak With an Experienced Trade Secret Attorney

Consulting a skilled litigator is a crucial step to take if you suspect misappropriation. At Leet Law, our team is prepared to provide you with devout advocacy and personalized guidance throughout your case. Contact our office in San Jose, California, today to speak with an experienced trade secret attorney who can deliver the support you and your business deserve.

Breach of Express or Implied Warranty

Thu, 26 Oct 2023 13:18:55 GMT

Breach of Express or Implied Warranty

If you own or operate a business selling merchandise to customers, you should be aware of both express and implied warranties associated with what you sell. For instance, if you sell new items that come from the manufacturer with a written, or express, warranty, that certainly will apply to any consumer purchase and must be honored.

However, anything sold also comes with two types of implied warranties, which are known by the legal standards of “implied warranty of merchantability” and “implied warranty of fitness.” Your business could be on the hook to replace or reimburse for any product that fails to meet any express or implied warranty.

It’s important to be proactive when it comes to your business. If you as a business owner in or around San Jose, California, find yourself in a dispute with a customer over an express or implied warranty, contact us at Leet Law. As skilled business and commercial litigation attorneys, we will review the situation with you and advise you of your best legal options going forward.

We proudly serve clients in San Francisco, Palo Alto, Oakland, and the rest of the Greater San Francisco Bay Area. Set up a consultation today.

Warranty Law in the U.S. and California

The Magnuson-Moss Warranty Federal Trade Commission Improvement Act applies to commerce in every state, and California also has laws on the book concerning warranties. Specifically, the California Civil Code Sections 1790 to 1795.8 govern “Consumer Warranty Protection.” The code outlines what is called the “implied warranty of merchantability” and the “implied warranty of fitness.” The merchantability warranty means, among other contingencies, that what is being sold is suitable “for the ordinary purposes for which such goods are sold.” The fitness warranty essentially means that what is being sold will fit the purpose for which the consumer is purchasing it. The code states that these warranties will last for at least 60 days or up to one year, coinciding with any express warranty.

An express warranty can be either written or oral. An express written warranty is just that—a printed document that comes with the product describing its warranty. For instance, if you buy a stereo system for your television, and the manufacturer offers a one-year replacement or service warranty, then would likely be an express written warranty.

An express oral warranty would be one that your retailer or seller presents when you purchase the product. The seller might say, for instance, “This stereo system will do everything you want and work for at least the next year.” The seller has thus offered a warranty through his or her own words.

As-Is Sales

A seller might also market something in an “as-is” mode, meaning what you see is what you get. The California Civil Code Section 17925 also addresses this, stating:

“Every sale of goods that are governed by the provisions of this chapter, on an "as is" or "with all faults" basis, made in compliance with the provisions of this chapter, shall constitute a waiver by the buyer of the implied warranty of merchantability and, where applicable, of the implied warranty of fitness.”

No matter the exact circumstances, it’s important to reach out to knowledgeable corporate counsel to help you and your business navigate these legal situations.

Can You as the Seller Be Sued?

Under implied or express warranties, you as the seller can certainly be held legally accountable, but the consumer who bought from you must first exhaust every effort to hold you to the warranties expressed or implied under California law. However, the plaintiff must be able to prove that a warranty was expressed or show that an implied warranty of merchantability or fitness applied. Depending on the cost of the product or merchandise in question, the lawsuit might likely take place in a small claims court.

In defense of a warranty claim, you as the seller can assert that the purchaser modified or misused the product, or that the claim is being made outside of the statute of limitations or the parameters of any express or implied warranty.

You’ve Worked Hard Enough—Let Us Handle the Rest

If your business is being sued for an alleged warranty violation in or around San Jose, California, contact us at Leet Law. We have been advocating for -- and defending -- Bay Area businesses for more than a decade, and we will handle any legal challenge facing you. Reach out immediately.

Does a New Will Supersede an Old Will?

Fri, 22 Sep 2023 21:13:56 GMT

Does a New Will Supersede an Old Will?

A will, or last will and testament, is a legal document that designates who gets your assets when you pass away. In California, as in all states, there are specific requirements for creating a valid will that will make it through probate court proceedings and provide what you’ve designated for your loved ones and their future well-being.

Life changes, however. If you write a will at 25, and you’re married to Spouse #1 with children 1, 2, and 3, but at 48, you get divorced and remarried to Spouse #2, and now have children 4 and 5, the original will probably become out of date.

Obviously, you need to update your will, but how do you ensure that the previous version will not become a stumbling block to fulfilling your wishes based on the changes in your life, that is, starting a new life with a new spouse and children?

You will surely want to provide for your children from both marriages, and perhaps for stepchildren from either of your marriages, but you need to make sure that an outdated will isn’t a factor in probate proceedings. You need to be certain your ultimate will—the version that reflects all the changes in your life—is the one that goes through probate.

A will is an important legal instrument to provide for your loved ones after you’re gone. It’s important to periodically—even annually—review your will to make sure it provides exactly what you want it to provide for your loved ones. You also want to ensure that its provisions and designations of who gets what are crystal clear and legally binding.

If you’re in the San Jose area of California and you’re drafting a new will to reflect changes in your life and your wishes for your loved ones, contact us at Leet Law. Our estate planning and probate administration attorneys can help you draft a will that perfectly reflects your desires to care for those in your life and that will be crystal clear in all its details, including that it is the most current and valid legal instrument.

Leet Law also serves clients throughout the Greater San Francisco Bay Area, including San Francisco, Oakland, Palo Alto, and surrounding communities.

Requirements for a Valid Will in California

A will in California must be in writing. Digital wills are not valid. To create a will, you must be 18 years of age or older and of sound mind. You also cannot be unduly influenced or coerced by others into creating your will.

The will must also be witnessed by two disinterested persons, which means that they cannot be named in the will to receive anything. A notarization is not required. Under California law, two witnesses are all that’s required to make a will valid, along with your own signature.

Holographic wills (ones that are created in your own handwriting) need not be witnessed, but as with written wills, they must be dated and signed by you. Problems could arise in probate proceedings, however, if someone were to challenge your handwriting. Witnesses can testify to the authenticity and dating of a will, but if you create a holographic will, you cannot testify to its validity or dating (is it the latest version?) once you’re gone.

Creating a Will Superseding a Previous Will

You can always simply destroy one will and then create a new one, but if someone has a copy of the destroyed will, that can pose problems in probate. That person can bring the copy to the proceedings and challenge the will that’s being probated.

Of course, there are ways to avoid this scenario without destroying a previous will. For instance, dating each will is, of course, one way to assert which one is the most recent and applicable to what your wishes are for your loved ones. In addition, you should begin your new, superseding will with the statement, “I hereby revoke all previous wills and codicils.” A codicil is an amendment made to a will that changes its terms.

A method to avoid this is going over a previous will and lining out sentences or clauses to change the terms of your will. These line-outs and revisions can be challenged on the grounds that someone else who hoped to benefit from the changes made the corrections, not the original will-maker.

Let Our Experience Guide You

Some online sites will try to get you to fill in some blanks and check some boxes to create a will, but this “one-size-fits-all” approach is not generally specific enough to prevent legal challenges in probate. You really need to sit with an experienced estate planning attorney to make sure that your will not only exactly spells out your desires for your loved ones, but also that it does so in a way that can survive legal challenges.

If you’re looking to rewrite a will—or create a new one—in or around San Jose, California, contact us at Leet Law. We will work with you on a one-on-one, personalized basis so you can create a legal document that will give both you and your loved ones ultimate peace of mind going forward.

Preparing for Business Litigation

Thu, 17 Aug 2023 21:15:32 GMT

Preparing for Business Litigation

If you own and operate a business, you know how thrilling—but also frustrating—the experience can be. When all is going well with your business, running it can feel incredibly rewarding. But inevitably, as you know, disputes will arise. For instance, a contractor might sue you for breaching your part of an agreement, or perhaps a customer purchased a product that resulted in an injury. A competitor might even file a legal action because they claim you stole a trade secret or did reputational harm to them through your advertising. Employees of your company, too, may accuse you of any number of infractions. Such headaches can throw your operations into turmoil if you don’t know how to handle them.

It’s all too easy to make matters worse if you react abruptly or try to take matters in your own hands. Instead, reach out for the guidance and advocacy of an experienced business litigation attorney. At Leet Law, our legal team is ready to help you navigate issues that can challenge the continuance or survivability of your enterprise. Let us handle litigation—including preparing for the business litigation process—on your behalf.

We’re proud to serve clients in San Francisco, Oakland, Palo Alto, and throughout the Greater Bay Area. Set up a consultation today.

The Litigation Process

Most civil lawsuits end up being settled before going to court, but even that process—reaching an agreement before going to trial—is fraught with danger. Don’t go at it alone in trying to reach a settlement.

When you are served your papers for the lawsuit, you will receive a set of questions called interrogatories. You are expected to answer these and return them to the court within 30 days in California. If you fail to do so, the other party can get a default judgment on you, which means you lose without being able to put up a fight.

You need to take those interrogatories to your business litigation attorney and let that person file a response. Meanwhile, you should observe certain key steps.

Steps to Take to Prepare for Litigation

The first step is to hire an attorney. Work closely with that person and follow that person’s advice and instructions. Here are some steps, though, that can easily be mishandled—or completely ignored—by a business owner being sued. Adhere to your attorney’s plan carefully and follow these steps:

AVOID CONTACT WITH THE PLAINTIFF: You may want to contact the party suing you and try to reach an amicable settlement with them. This is not a good idea. What you say can be used as an admission of guilt if matters do go to trial. Don’t write, text, phone, or email the plaintiff. Let your attorney handle communications and any negotiations.

KEEP SILENT ON THE ISSUE: Don’t take to social media to state your case or belittle the other party. Again, this can only give added fuel to the plaintiff and the plaintiff’s legal team. Just stay calm and rely on your attorney’s directions. Also, don’t discuss the case with employees or others, even management. Business partners would obviously have to be involved, but they should follow the attorney’s directions as well.

DON’T DESTROY EVIDENCE BUT GATHER AND SAFEGUARD IT: Any communications by email, text, mail, or any other documents relating to the crux of the lawsuit should be assembled and preserved, and of course, made available to your attorney. The last thing you want to do is try to destroy any records relating to the lawsuit. These records are evidence. If they go missing (destroyed intentionally or just in routine data dumps), they can be considered an “adverse inference.” This means it could be presumed that the information was damaging to your case.

PRESERVE THE CLIENT-ATTORNEY PRIVILEGE: What you discuss one-on-one with your attorney is protected information and cannot be revealed by your attorney. However, if you bring a third party with you, perhaps one of your managers who has direct knowledge necessary for the case, then the attorney-client privilege no longer applies. Simply meet one-on-one with your attorney.

CONTINUE BUSINESS AS USUAL: Keep running your operations as you usually would. Don’t get your staff worried or bothered by what’s transpiring. And don’t involve them. They may take to social media and create additional problems for you.

Put Skilled Representation in Your Corner

A lawsuit is not a DIY project, even if many are settled outside of the courtroom. You need strong legal counsel and representation to pursue the best possible result. Follow the tips above and reach out to Leet Law if your business is facing a lawsuit in the San Jose area. We give every client the personalized, one-on-one attention required to protect their rights and interests.

Job Interviews and the ADA

Fri, 14 Jul 2023 21:16:40 GMT

Job Interviews and the ADA

The Americans with Disabilities Act (ADA) of 1990 was landmark legislation that sought to protect those with disabilities in the employment process, from a company’s posting a job opening, to the interviewing and hiring process, and throughout the period of employment. A principal feature of the ADA is that it requires employers to offer reasonable accommodations to job applicants and employees to enable them to fulfill the task ahead.

The ADA protects job applicants and employees in three instances. One is when they have a physical or mental impairment that substantially limits a major life activity such as breathing, walking, talking, hearing, seeing, sleeping, caring for one's self, performing manual tasks, and working. A second is when the individual has a record or history of a substantially limiting impairment, and the third is when the person is regarded as having a substantially limiting impairment, whether true or not.

When it comes to applying for a job, a person with a disability must be qualified for the position in terms of education, training, experience, skills, and licenses. If they do qualify and apply for the position, then the employer is required to provide reasonable accommodations beginning with the job interview, so long as the accommodation doesn’t impose an “undue hardship” on the employer.

Whether you're involved in the employment hiring process or you're a disabled individual seeking employment in or around San Jose, California, and have questions or concerns about the hiring standards of the ADA, contact the ADA compliance attorneys at Leet Law.

With more than 25 years of experience in employment law, we can clarify any issue you have and represent you to protect your rights. We also proudly serve clients in San Francisco, Oakland, Palo Alto, and the rest of the Bay Area.

Rights and Protections Provided Under the ADA

As mentioned above, job applicants and employees who fall into one of the three categories of being a disabled individual are entitled to, at the minimum, consideration of a reasonable accommodation for the task ahead. This means that a qualified disabled individual entering into a job interview can request a reasonable accommodation. Employees assigned certain duties for which they are otherwise qualified can also request reasonable accommodation.

The would-be employer or actual employer is required to enter into an interactive dialogue with the applicant or employee over these requests, and unless they impose an undue hardship on the employer, they should be honored. The Equal Employment Opportunity Commission (EEOC), which oversees and enforces the ADA, maintains that most reasonable accommodation requests cost less than $500 and thus do not represent undue hardship for the employer.

Conducting Lawful Job Interviews Under the ADA

In a nutshell, the process of screening and interviewing a job applicant with a real or perceived disability must be done using the same standards and procedures as with a person who is not disabled or perceived to be disabled. This means that the questioning should be “neutral.”

The ADA prohibits employers from asking questions before making a job offer that is likely to reveal the existence of a disability. The interviewer cannot even ask questions about any treatments or diagnoses the applicant has received, even the name of any prescription drugs being taken.

A second and equally important requirement of interviewing an applicant with a disability is to provide a reasonable accommodation for the interviewee if it does not pose an undue hardship when the applicant so requests. One example would be providing written materials, including questionnaires and tests, in an accessible format, such as large print, braille, or audiotape. Another might be to accommodate the disabled applicant with an accessible location such as on a ground floor, or modify equipment or devices used in the interview process.

Consequences of Noncompliance

A company that does not provide reasonable accommodations for its hiring or employment practice is subject to complaints being filed with the EEOC. The EEOC has the power to investigate, mandate changes, impose sanctions, and even sue the employer. The individual filing the complaint may also be given a “right to sue” notice to take legal action against the offending employer.

Compassionate Guidance for All ADA Matters

If you as an employer or hiring agent for an employer have questions or concerns, or you as a job applicant have been subjected to ADA violations in the interviewing process, reach out to us at Leet Law for answers and options for resolving everything.

We proudly serve clients in San Jose and elsewhere in the San Francisco Bay Area. Our ADA compliance attorneys will work with you to protect everyone’s rights.

Joint Ownership in Probate

Tue, 13 Jun 2023 21:18:10 GMT

Joint Ownership in Probate

Probate is a legal proceeding through which the estate of a deceased person is administered to named beneficiaries—if there is a last will and testament—or to family members through the law of intestate succession if there is no will. With or without a will, however, some assets will pass to the beneficiaries outside of probate. Probate proceedings usually revolve around only those assets held solely in the decedent’s name.

In many states, the probate court supervises the administration of the estate and will get involved in nearly every decision, but California, fortunately, allows more leeway for the executor of the estate to operate independently on most matters. California also allows an “out” clause for estates below a certain value, in which only an affidavit need to be filed for simplified probate.

If you are creating a will to take care of your loved ones, and if you are the executor of an estate for someone who has just passed away, and you’re in or around the San Jose, California, area, contact Leet Law. We will answer all your questions and concerns and help you in creating a comprehensive will or carrying out your duties as the executor of an estate. We also proudly serve clients in San Francisco, Palo Alto, Oakland, and the rest of the Bay Area.

Probate in California

As mentioned above, probate proceedings involve the reconciliation of assets held solely in the decedent’s name. The decedent’s will generally will designate an executor, also sometimes called a personal representative, to oversee the administration of the estate. If one is not named, then the supervising court will name one.

The executor must manage all the assets, ensuring their safety, pay all outstanding debts and taxes, and if necessary, sell assets to meet credit or tax obligations. The process can take six months to a year. In most states, these vital functions are under the direct supervision of the probate court, but California allows executors more freedom.

California’s Independent Administration of Estates Act allows the executor to carry out virtually every task of managing and settling the estate without reporting to the probate court, but with certain exceptions. Selling real estate is one act that must be coordinated with the court. Also, if there isn't enough money to pay all valid claims, state law spells out the order in which claims are to be paid from estate assets.

In some cases, probate can be avoided altogether in the Golden State. If the value of assets in the estate that do not pass directly to beneficiaries (see next section) totals $184,500 or less, inheritors can claim the assets simply by filing a simple sworn statement, or affidavit, to initiate a streamlined summary probate process.

Assets That Transfer Outside of Probate

Let’s start with probably the biggest asset: the family home. California is a community property state, so real estate held by both spouses or partners will pass to the surviving spouse or partner outside of probate. If the property is located in another state but held in co-tenancy with the right of survivorship, then that too should pass to the co-tenant outside of probate proceedings. Only property held in the decedent’s name only or as tenants in common is subject to probate.

Also, other assets with named beneficiaries transfer outside of probate, such as retirement accounts, life insurance policies, annuities, and pension plans in general. Even wages, salaries, or commissions due the decedent generally transfer outside of probate, though there may be limits.

Ways to Avoid Probate

Assets such as bank accounts and savings bonds can transfer outside of probate if they are established as “payable-upon-death.” Cars and boats will generally transfer outside of proceedings since they are considered community property in California, though to be safe, they can be established as “transfer-upon-death.”

The single greatest way to protect assets from probate is to place them in a living trust and name a trustee to oversee and administer the assets upon your death. The trust is largely free of probate court supervision, though the basic principles of estate administration still apply. Creditors and taxes still must be paid.

The bottom line is that, when you’re planning for ways to care for your loved ones after you’re gone, you should consult with an experienced estate planning attorney to make sure your plan is comprehensive and ironclad. Even with a trust, you probably will still need the will to transfer any assets you may have forgotten to place into the transfer (called a “pour-over” will) or to designate a guardian for your minor children.

Obtain Experienced Legal Counsel

Whether you’re embarking on estate planning, reviewing the plan you have in place, or facing the prospect of administering an estate as an executor, contact us at Leet Law. We can help you not only with estate planning but also with probate administration. We proudly serve clients in San Jose and all surrounding communities, including Palo Alto, San Francisco, and Oakland.

What Are the Elements of a Breach of Contract Claim?

Tue, 23 May 2023 21:19:59 GMT

What Are the Elements of a Breach of Contract Claim?

Any person or entity operating a business is no doubt going to need to enter into agreements with others to help supply or run the operations. If you sell products, you’ll need an agreement with another party or parties to provide those products. Even if you just provide professional services, you may need an accounting firm to do your taxes. You may just need a nighttime cleaning service.

Generally, these agreements will take the form of a binding contract, even if they are just oral agreements. The best protection, of course, is for both parties to have an express, or written, contract that spells out all the terms of who does what, when, where, and how.

When one party fails to live up to its obligations, then a breach can be said to have occurred. Some breaches can be easily fixed and everyone moves on, which is called a minor breach. Other breaches can threaten the relationship and perhaps even the survivability of one party. These breaches are called major, or material.

If you are involved in a contract and believe the other party has breached it in or around San Jose, California, or if you want to know how you can get out of a binding agreement, contact us at Leet Law. Consult with our business litigation attorneys before matters get out of hand and a courtroom battle is on the horizon. Let’s resolve matters so both parties can move on. Leet law will also aggressively defend your rights and interests if things do end up in litigation.

Leet Law serves business clients throughout the Greater San Francisco Bay Area, including not only San Jose, but also San Francisco, Palo Alto, Oakland, and more.

What Is a Contract?

A contract must have several elements to be valid under the law. Different legal definitions exist, but in general terms, there must be an offer and acceptance, adequate consideration, capacity, and legality. Offer and acceptance are the starting point. Company A approaches Supplier B to provide 200 microchips each month for their construction of drones. For consideration, Company A offers a certain amount of dollars for those chips.

Capacity means that both parties are of legal age and are not coerced into consenting to the agreement, nor are they under the influence of drugs or alcohol when they do so. Legality means that the agreement does not break any laws.

Oral contracts, provided they cover all the above elements, are generally valid unless they involve the sale of goods for more than $500, the sale or transfer of land, or remain in effect for more than a year.

Types of Breaches: Major, Minor, and Anticipatory

There are generally three types of breaches of a contract: minor (or immaterial) breaches, major (or material) breaches, and anticipatory breaches.

In our microchip example, suppose the supplier is obligated to deliver 200 microchips on the first of each month, but one month, the delivery is delayed because of weather or perhaps a strike at the plant. The chips don’t arrive until Day 5 of the month. This could be a minor breach since Company A could probably keep operating with a small delay.

Say the shipment doesn’t arrive until Week 3, and Company A has lost customers and revenue and is facing serious consequences. This could rise to the level of a major breach.

An anticipatory breach occurs when one party simply announces they will not be able to fulfill their part of the bargain. In addition to one party’s announcing they are not going to fulfill their obligation, an anticipatory breach can also be signaled by one party’s actions. They simply refuse to return phone calls or carry out their obligations. In our microchip example, another recognized form of an anticipatory breach would be if the supplier started selling and shipping the chips to another company.

Damages and Remedies Available

If a breach of contract does end up in litigation, there are different remedies that the court may apply, depending on the circumstances. The court, for instance, could order the breaching party to fulfill its contracted obligation, which is called specific performance. The court may issue an injunction, which forbids one party from doing something. Another remedy is recission, allowing the non-breaching party to exit the contract.

As for monetary damages, there are two types: expectation and consequential. In our microchip scenario, if Company A were forced to buy chips at a higher price, Supplier B could be ordered to pay the difference for breaching the contract. As for consequential damages, if Company A lost $50,000 in sales, Supplier B could be ordered to compensate for the loss.

Client-Centered Legal Counsel

At Leet Law, we have worked with businesses of all sizes and helped resolve issues involving contractual obligations both outside and inside the courtroom since 2005. If you’re facing a potential or actual breach, or you need guidance on how to revise and revoke a contract, reach out immediately.

The future of your business may well be at stake, so you need to act quickly and decisively. With our firm on your side, we can help you move forward. We stand ready to assist you from our San Jose office wherever you’re located in the Greater San Francisco Bay Area.

What Information Do I Have to Disclose About My Disability?

Tue, 25 Apr 2023 21:21:14 GMT

What Information Do I Have to Disclose About My Disability?

Title 1 of the Americans with Disabilities Act (ADA) of 1990 places duties and restrictions on U.S. employers with 15 or more employees in three phases of the employment process: the job interview and pre-offer phase, the post-job-offer phase, and during employment itself.

In the recruitment and job interview phase, affected employers cannot ask questions about an applicant’s mental or physical condition. In the post-offer phase, they can only enquire about medical conditions if they use the same standards for all applicants in the same job position. In the employment phase, they are required to engage in an interactive process if an employee requests a reasonable accommodation to perform his or her required job duties.

That sums up the ADA in very basic terms, but of course, the law goes much deeper and has many more nuances that an employer must be aware of – and adhere to. In addition, in California, the Fair Employment and Housing Act (FEHA) and other laws provide even broader protections for individuals with disabilities.

If you’re an employer in California who is facing issues related to the ADA or the FEHA regarding persons with disabilities, whether recruits, applicants, post-offer individuals, or employees in or around San Jose, California, contact us at Leet Law.

For more than a decade, Leet Law has been helping businesses comply with federal and state employment laws and representing them in civil litigation that threatens their livelihood. We also proudly serve clients in San Francisco, Oakland, Palo Alto, and throughout the Bay Area.

Overview of the ADA

The enactment of the Americans with Disabilities Act (ADA) was one of the signature achievements during the presidency of George H.W. Bush. The legislation is designed to protect not only individuals with mental or physical disabilities, but also those with perceived disabilities who are wrongly perceived as being disabled, and even those who have a relationship with a disabled person through companionship, family ties, or marriage.

Are Applicants and Employees Required to Disclose Disabilities?

The basic answer is “no.” As a job applicant, a person does not need to disclose a disability unless they need an accommodation to proceed with the interview and/or testing process. For instance, the applicant may have a mental condition that requires them to take longer on a 30-minute skills test required of all applicants for that position. They would then be able to request accommodation. Otherwise, the employer cannot ask about any disabilities they may have.

After a person receives a job offer, the employer can require them to undergo the same medical screening and questionnaire it requires of all other applicants in the same job category, but they cannot single anyone out for separate questioning or medical evaluation.

Once a person is hired, they are again under no obligation to disclose any disabling or limiting condition unless they need what is called a reasonable accommodation to perform their assigned duties. If an employee requests an accommodation, their employer is required to undertake what is called an “interactive process” with the employee.

In other words, employers must engage in finding a solution to help that person perform their duties. The employer is not necessarily required to provide the accommodation, but denying it must be based on the fact that the accommodation will present an “undue hardship” to the employer.

The Equal Employment Opportunity Commission (EEOC), which regulates and enforces the ADA, notes that most accommodations can be accomplished with only minimal outlay by employers, so it scrutinizes rejections of accommodations very closely and can impose conditions or sanctions on an employer who rejects an accommodation that is deemed reasonable in the eyes of the EEOC.

Disability Laws in California

In California, like at the federal level, a disability is defined as a mental or physical condition that limits a major life activity. Included in the category are those with cancer or AIDS/HIV. Examples of major life activities include breathing, walking, talking, hearing, seeing, sleeping, caring for one’s self, performing manual tasks, and working.

In California, those with disabilities are covered not only under the Fair Employment and Housing Act (FEHA), but also under the Unruh Civil Rights Act and the Disabled Persons Act. The FEHA covers businesses with five or more employees, while the ADA kicks in at 15 employees.

How an Attorney Can Help

Businesses must have policies in place that assert the rights and protections of disabled persons, including those as regarded as being disabled and those with a relationship with a disabled person. These policies must be disseminated and include provisions for compliance.

For instance, there should be stated procedures regarding any request for a reasonable accommodation, along with a system for reporting discriminatory acts against those who are covered by the ADA and state disability laws.

An experienced ADA and employment law attorney can help you draft these policies and practices and also protect you if an employee or group of employees report a perceived violation or seek legal action.

Thoughtful and Practical Legal Guidance

If you’re operating a business in or around San Jose, California, contact the legal team at Leet Law to help you keep in compliance with all federal and state laws regarding disabled job applicants and employees. With all the layers of legislation and varying legal decisions regarding the rights of the disabled, it can be confusing and challenging to keep up with your requirements and legal vulnerabilities. Reach out immediately with all your questions and concerns about the ADA, the FEHA, and other state and federal laws that apply. We will help you stay in compliance and skillfully represent you in any legal challenge.

Fiduciary Duties and Misuse of Power of Attorney

Thu, 23 Mar 2023 21:23:19 GMT

Fiduciary Duties and Misuse of Power of Attorney

Power of attorney (POA) allows a person (the principal) to authorize a named representative to act on their behalf in various legal, financial, health, and tax matters. Under the law, the named representative (the agent or attorney-in-fact) has a fiduciary duty to the principal and must act ethically in the principal’s best interests. An agent who misuses their authority or acts contrary to the provisions of the powers of attorney document may face legal repercussions.

At Leet Law, we provide comprehensive guidance and reliable advocacy to clients in estate planning and power of attorney-related matters. Our practiced California estate planning attorneys can investigate the agent’s conduct, identify any abuse or misuse of power, and explore your options to limit or revoke the POA. We’re proud to serve clients across San Jose, Palo Alto, Oakland, San Francisco, and the rest of the Bay Area, California.

The Role of the Power of Attorney

A power of attorney (POA) is a written document that allows a person (the principal) to designate legal authority and power to another person (the agent or attorney-in-fact) who will act on their behalf in certain matters.

Should the principal become unavailable, critically ill, incapacitated, or otherwise unable to make such decisions by themselves, the named agent can act on their behalf in crucial legal, health, property, tax, or financial-related matters.

Power of Attorney Abuse

Power of attorney abuse occurs when an attorney-in-fact misuses the authority granted to them by the principal. This can include stealing money, falsifying financial records, transferring assets, or using the principal’s finances for personal gain.

Examples of Power of Attorney Abuse

Here are some examples of actions that may be considered abuse or misuse of power of attorney:

Spending or stealing money from the principal’s account.
Transferring the powers to someone else illegally.
Taking advantage of the principal’s mental incapacity.
Coercing a person into creating a power of attorney document against their will.
Appropriating the principal’s property and assets.
Forging the principal’s signature to create a POA document.
Using POA to take decisions after the principal’s demise.
Taking advantage of the principal’s unavailability or inability to take decisions.
Selling the principal’s information or personal details online.

If you suspect power of attorney abuse, you should reach out to a trusted estate planning attorney straightaway. Your legal counsel can evaluate every detail of your unique situation and determine whether you have a legal claim against the agent.

Legal Claims for Power of Attorney Abuse

Here are some legal claims that may exist when an agent misuses or abuses a power of attorney:

Breach of Fiduciary Duty

As mentioned earlier, the agent owes a fiduciary duty to the principal and must act according to the instructions of the POA document. If the attorney-in-fact violates their expected duties and responsibilities, the principal may be entitled to file a breach of fiduciary duty lawsuit against them.

Conversion

Also, the principal may file a conversion claim against an agent that steals or unlawfully takes their property in order to deprive the principal of the use of such an item. In order to establish a conversion claim, the principal must show that the agent used the principal’s assets against their ownership rights.

Elder Abuse

In addition, if the agent takes advantage of an older principal with physical or mental impairments, they may have an elder abuse claim against the agent. If found guilty, the attorney-in-fact may be subject to various civil and criminal punishments.

Fraud

The principal may also be entitled to take legal action against an agent who lied about a situation that made them take action or act against the principal’s wishes.

Limiting/Revoking a POA

Additionally, among the options to prevent or mitigate misuse of power of attorney is by limiting or revoking the POA. A limited POA only grants the agent the authority to act on the principal’s behalf on specific matters as indicated in the document.

Alternatively, the principal can revoke the POA once they suspect misuse or abuse of power. Revoking a POA automatically removes the agent. A dependable lawyer can guide you through the legal process involved and help you navigate crucial decisions.

Turn to Leet Law for Help

Power – if left in the wrong hands – can be intoxicating. A dishonest agent can convert property, steal money, or act contrary to the principal’s wishes. If you believe that an agent is misusing the power granted to them or not acting in your loved one’s best interests, you should speak with a seasoned estate planning attorney immediately for proper guidance.

At Leet Law, we have the diligence and expertise to advise and direct clients in complex matters involving misuse or abuse of power of attorney. As your legal team, we can conduct a thorough investigation of the agent’s actions and determine the best cause of action if abuse of power is discovered. Whether you want to limit or revoke a power of attorney, our reliable legal team can guide you through the processes involved and help protect your loved one’s best interests.

Contact us at Leet Law today to arrange a consultation with a practiced power of attorney lawyer. Our experienced attorneys have the personalized guidance and dedicated advocacy you need to make intelligent decisions about your specific situation. We’re proud to serve clients across San Jose, Palo Alto, Oakland, San Francisco, and the rest of the Bay Area, California.

ADA Accessibility Requirements

Mon, 16 Jan 2023 21:26:46 GMT

ADA Accessibility Requirements

The Americans with Disabilities Act (ADA) of 1990 sought to end discrimination against employees who were physically or mentally disabled. The law covered not only those who were actually disabled, but also those who were “regarded as” being disabled, as well as those who had a relationship with a disabled person or persons.

The ADA applies to all aspects of employment from advertising for a job, to interviewing for the position, to providing equal pay and benefits for equal positions, to training and promotions, and even to layoffs and terminations.

Under the ADA, employees are allowed to request necessary accommodations to better perform their required duties. These accommodations might range from a more accessible workspace to reading software for computer use, and many other requests depending on the person’s individual needs. Employers are required to maintain collaborative dialogue with their employees who have disabilities to reach a reasonable accommodation; but, employers are not required to provide the accommodation if it causes “an undue hardship” on the business, typically relating to cost, difficulty, or general disruption to the overall workplace.

If you own or operate a business in or around San Jose, California, and you have questions about accessibility standards or are facing issues of accessibility from a government entity or even grappling with a lawsuit, reach out to us at Leet Law. Since 2005, our ADA compliance attorneys have served businesses in not only San Jose, but also San Francisco, Oakland, Palo Alto, and the entire Bay Area.

What Are ADA Accessibility Standards?

The ADA establishes accessibility standards for structures that are open to the public. Perhaps the most widely-known standard is to provide inclusive access to buildings. As a result, ramps, elevators, and motorized wheelchair access devices have become commonplace. Accessibility standards cover more than just the entryway, however, and businesses that are open to the public have to be careful to meet the overall accessibility standards for their place of business.

But first, what is considered a business with public accommodation? The obvious examples are hotels, restaurants, auditoriums, theaters, recreational centers, bus and train terminals, schools, daycare centers, and the list goes on and on. Ultimately, any business that serves the public with goods and services.

Second, what are the standards that must be adhered to?

The Department of Justice ADA regulations list four standard priorities:

Making approaches and entrances accessible
Making goods and services accessible
Providing ease of access to public toilet rooms
Extending access to other items such as water fountains and public telephones

On Priority 1, Approach and Entrance, the regulations require that an accessible entrance and route from site arrival points should be provided. This often takes the form of a ramp into the structure to augment any existing stairway or other barrier. The ramp should be at least 36 inches wide. Priority 1 also covers parking for the disabled, including at least one spot for a van along with an adequate number of passenger vehicle spots.

On Priority 2, Access to Goods and Services, the regulations require the layout of your building to allow people with disabilities to obtain your business’s goods and services and to participate in activities without assistance. Again, the access routes — say aisles in a retail operation — must be at least 36 inches wide. There are also requirements about slopes, handrails, and protruding objects such as fire extinguishers.

On Priority 3, Toilet Rooms, the regulations mandate that your building have restrooms that are accessible for people with disabilities. Signage must clearly indicate which restrooms are accessible, and the wording cannot be higher than 60 inches from the floor. Other requirements include the width of the door opening (at least 32 inches) and the height of the threshold (no more than ¼ inch). The hardware, knobs, stalls, and other features inside the room must also be accessible.

On Priority 4, Additional Access, the regulations require your building amenities such as drinking fountains and public telephones should be accessible to everyone as well. These regulations involve the access path to a drinking fountain along with its maximum height (no more than 48 inches). Public phones, which of course are largely disappearing in the age of cellular phones, also cannot be higher than 48 inches.

Website Accessibility

Though no firm recommendations on website accessibility have been issued for businesses serving the public, the courts have routinely held that web accessibility standards must be followed. Thus, as a general principle, businesses should follow the Website Content Accessibility Guideline issued by the web standards group, W3C.

These standards cover accessibility issues such as navigation (using a keyboard or screen rather than a mouse to navigate); use of alternate text and captions on images and videos; maintaining a proper color contrast for those with limited vision or color blindness; making online forms more accessible; and more.

Experienced Guidance You Can Rely On

Our overview above covers only a fraction of the details for each priority and does not fully explain any exceptions or exemptions that may apply due to factors like building age, its historic significance, and so on. New construction, of course, is expected to diligently follow ADA regulations.

If you have questions or concerns about ADA accessibility standards, or you’re facing a challenge or legal issue over your business’s adherence to standards, our ADA compliance attorneys at Leet Law are ready to help.

We will discuss the situation with you, assess the standards that you need to observe, help you implement whatever changes are needed, and defend your rights if you’re being challenged. Reach out immediately if you’re anywhere in the San Francisco Bay Area and navigating an ADA accessibility issue.