The Foundry Law Blog

New Washington Law Limits Use of Certain Nondisclosure and Nondisparagement Provisions in Employment Agreements

  Washington Governor Jay Inslee signed into law the Silenced No More Act on March 24, 2022. The new law places specific restrictions in the way employers use nondisclosure and nondisparagement provisions in employment agreements and independent contractor agreements. In light of Governor Inslee’s recent signing, employers with Washington employees should revise their employment agreements […]

Trade Secret Basics – Protect Your Company’s Confidential Information

  A “trade secret” is generally defined as a piece of confidential information belonging to a company that provides the business with a competitive advantage in the marketplace. A few common examples include recipes, formulas, or presentations. While trade secrets can prove invaluable to a company’s success, owners must take appropriate steps to ensure their […]

Understanding an NDA and Issues to Watch Out For

Whether you are exploring an exciting new partnership, joint-venture opportunity, or seeking funding to grow your company, non-disclosure agreements (NDAs), or confidentiality agreements, are a normal component of many early negotiations.  While most NDAs contain boilerplate language, there are issues you should pay attention to and understand prior to signing an NDA.  Below we’ve highlighted […]

Washington State LLC Builder For Multi-Member LLCs

If you have or are thinking about going into business with others, then you know how important it is to get the right legal foundation in place for your company. A solid foundation means less time spent debating issues as they arise and more time focused on what matters for your business. For new or […]

Trademark Modernization Act: Overview

  On December 27, 2020, the Trademark Modernization Act (“TMA”) was signed into law, making changes—some effective immediately—to the Lanham Act. Among the changes, some specifically important ones to note are:   New and more expeditious procedures for ex parte expungement and reexamination of deadwood marks from the federal register; Changes to office action response periods; […]

CCPA Compliance: One Year Later

It was only one year ago that the California Consumer Privacy Act of 2018 (CCPA) went into effect. The CCPA is a landmark privacy law providing California residents various protections with regard to personal information. Even though the CCPA is in effect, it is still undergoing rulemaking with the 4th Set of Modifications to the […]

California Gig Worker Law Prop 22 Overview

On November 3, 2020, California voters passed ballot initiative Proposition 22, the so-called California gig worker law, which, effective January 1, 2021, will exempt app-based transportation and delivery companies such as Uber, Lyft, and Door Dash from providing employee benefits to certain drivers. At the same time, Proposition 22 will enact certain wage and labor […]

How to file a DBA in Washington State

A common question that many businesses have is how to file a DBA in Washington State. This post provides some information about DBAs and a step-by-step guide to file a DBA in Washington State What is DBA? A business may operate under different names for various reasons. This is known as “doing business as,” “DBA,” […]

Re-Opening After COVID: Workplace Considerations

  This post discusses issues related to re-opening a physical workplace that has been closed as a result of COVID. First and foremost, the question to be answered is whether to re-open the physical workplace at all; or is a business able to not only survive, but thrive, while keeping everyone remote or off-premises? Assuming […]

Can you Trademark a Hashtag? When Your ™ is a #hashtag

It may go without saying, but #hashtags are a vital part of attracting the right eyes to your social media marketing efforts. However, what happens when your #hashtag becomes associated with your particular brand of goods or services? Is it now a trademark? Can (and should) you obtain federal trademark protection for your mark? This […]