Comments for SMHLLAW http://www.smhllaw.com A law firm for the business of the innovative and creative classes. Fri, 04 Jul 2008 23:58:59 +0000 http://wordpress.org/?v=2.2.1 Comment on Intellectual Property Metrics for the Year Ending 2007 by Stanley http://www.smhllaw.com/2008/03/18/intellectual-property-metrics-for-the-year-ending-2007/#comment-128 Stanley Thu, 27 Mar 2008 00:27:57 +0000 http://www.smhllaw.com/2008/03/18/intellectual-property-metrics-for-the-year-ending-2007/#comment-128 These charts are very helpful. The fluctuations are quite interesting. Thanks for the info! These charts are very helpful. The fluctuations are quite interesting. Thanks for the info!

]]> Comment on Noncompete Agreements - Are they Valid in Oregon?: The Oregon Legislature significantly changes Employment Laws including Noncompetition Agreements by Melina http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-81 Melina Thu, 20 Dec 2007 18:59:11 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-81 very interesting. i'm adding in RSS Reader very interesting. i’m adding in RSS Reader

]]> Comment on Noncompete Agreements - Are they Valid in Oregon?: The Oregon Legislature significantly changes Employment Laws including Noncompetition Agreements by martin http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-79 martin Mon, 19 Nov 2007 17:54:55 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-79 Also see the same date on the regulator's announcement: It is January 1, 2008. http://www.oregon.gov/BOLI/GOV_SIGNS_SB248_MEDIARELEASE.pdf martin Also see the same date on the regulator’s announcement: It is January 1, 2008.

http://www.oregon.gov/BOLI/GOV_SIGNS_SB248_MEDIARELEASE.pdf

martin

]]> Comment on Noncompete Agreements - Are they Valid in Oregon?: The Oregon Legislature significantly changes Employment Laws including Noncompetition Agreements by martin http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-78 martin Mon, 19 Nov 2007 17:50:59 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-78 Laurie, Your question deals with the "effective date." While I would not say Westlaw and my colleagues are wrong, they are imprecise. Our article is precise in that it says the law applies to "employment agreements entered into after January 1, 2008." Generally, the day a bill is signed by the executive or the date of a veto-override, is the day it becomes a law. That does not mean the law is “effective” on that date. Many times laws provide a transition period so those regulated can plan and adapt. This non-compete law severely restricts individuals and businesses and their right to contract so it is appropriate it is not effective on the day it was signed. Sometimes immediate effective dates that make a law effecive on the day of signature tend to be some type of “emergency legislation.” The procedural rules of the legislative body set the boundaries for this question of the effective date on various types of legislation. martin Laurie,

Your question deals with the “effective date.” While I would not say Westlaw and my colleagues are wrong, they are imprecise. Our article is precise in that it says the law applies to “employment agreements entered into after January 1, 2008.”

Generally, the day a bill is signed by the executive or the date of a veto-override, is the day it becomes a law. That does not mean the law is “effective” on that date. Many times laws provide a transition period so those regulated can plan and adapt. This non-compete law severely restricts individuals and businesses and their right to contract so it is appropriate it is not effective on the day it was signed. Sometimes immediate effective dates that make a law effecive on the day of signature tend to be some type of “emergency legislation.” The procedural rules of the legislative body set the boundaries for this question of the effective date on various types of legislation.

martin

]]> Comment on Noncompete Agreements - Are they Valid in Oregon?: The Oregon Legislature significantly changes Employment Laws including Noncompetition Agreements by Laurie http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-76 Laurie Fri, 16 Nov 2007 19:06:55 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-76 When does the new law take effect? You say January 1, 2008. Some of your colleagues say the date the bill was signed (Westlaw agrees) When does the new law take effect? You say January 1, 2008. Some of your colleagues say the date the bill was signed (Westlaw agrees)

]]> Comment on Valuing Intellectual Property Assets by Jessica Spiegel http://www.smhllaw.com/2007/06/14/valuing-intellectual-property-assets/#comment-31 Jessica Spiegel Thu, 05 Jul 2007 23:18:51 +0000 http://www.smhllaw.com/2007/06/14/valuing-intellectual-property-assets/#comment-31 This is a great article. My friend and I were actually discussing this topic yesterday and she pointed out that many of the proponents of open source software realize that either someone else is profiting off of their work, or that they have put a lot of time into something and would like to profit themselves. So the technology industry is moving past it's early idealism and into the reality of a market economy. This is a great article. My friend and I were actually discussing this topic yesterday and she pointed out that many of the proponents of open source software realize that either someone else is profiting off of their work, or that they have put a lot of time into something and would like to profit themselves. So the technology industry is moving past it’s early idealism and into the reality of a market economy.

]]> Comment on Valuing Intellectual Property Assets by Judi Coover http://www.smhllaw.com/2007/06/14/valuing-intellectual-property-assets/#comment-30 Judi Coover Sat, 16 Jun 2007 12:56:07 +0000 http://www.smhllaw.com/2007/06/14/valuing-intellectual-property-assets/#comment-30 Great article Martin! Great article Martin!

]]> Comment on A Quick Look at the Law and Community Media (PEG) Programming by Jessica http://www.smhllaw.com/2006/12/26/a-quick-look-at-the-law-and-community-media-peg-programming/#comment-2 Jessica Sun, 20 May 2007 18:54:06 +0000 http://www.smhllaw.com/2006/12/26/a-quick-look-at-the-law-and-community-media-peg-programming/#comment-2 This is a great overview- podcasting is definitely a way to get material out to a broad audience fast and cheaply. It’s obviously a rapidly growing area, so it's helpful to see what things to look out for; in particular the use of music is a big area for many independent producers. Thanks! This is a great overview- podcasting is definitely a way to get material out to a broad audience fast and cheaply. It’s obviously a rapidly growing area, so it’s helpful to see what things to look out for; in particular the use of music is a big area for many independent producers. Thanks!

]]> Comment on Making Money on Open Source: The Cases, the Disclosures and the Practices by Shawn http://www.smhllaw.com/2006/12/26/making-money-on-open-source-the-cases-the-disclosures-and-the-practices/#comment-3 Shawn Tue, 08 May 2007 23:11:02 +0000 http://www.smhllaw.com/2006/12/26/making-money-on-open-source-the-cases-the-disclosures-and-the-practices/#comment-3 Excellent analysis of the differences between freeware, open source, and commercial. I wonder how are VCs are actually taking open source models. It appears they don't appreciate the commercial model either. I assume they will always take the most profitiable which is usually the least complex. Excellent analysis of the differences between freeware, open source, and commercial. I wonder how are VCs are actually taking open source models. It appears they don’t appreciate the commercial model either. I assume they will always take the most profitiable which is usually the least complex.

]]> Comment on Legal Issues for Artists by Jana Demartini http://www.smhllaw.com/2007/04/19/legal-issues-for-artists/#comment-29 Jana Demartini Sat, 21 Apr 2007 16:42:31 +0000 http://www.smhllaw.com/2007/04/19/legal-issues-for-artists/#comment-29 I am looking for the handouts, especially the contracts regarding an exhibit. Can't find it. Please advise ASAP. It is very important. Thank you, Jana Demartini +++ Jana, Clikck here: <a href="http://www.smhllaw.com/category/creativity-and-innovation/" rel="nofollow"> and the first two articles will help. Martin Medeiros</a> I am looking for the handouts, especially the contracts
regarding an exhibit.
Can’t find it. Please advise ASAP. It is very important.

Thank you,
Jana Demartini

+++
Jana, Clikck here: and the first two articles will help.
Martin Medeiros

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