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 (559) 825-3800  Available 24/7  info@properdefenselaw.com
# Labor and Employment Law
California is the best state in the nation: for employees. Let’s face it, California becomes a more employee-friendly state each year. When was the last time you read about a new law being passed that was beneficial to a California employer to the detriment of its employees? Now more than ever, California employers need dedicated labor and employment attorneys to guide them through California’s web of employment laws so that they can remain profitable and maintain a thriving workforce.
### Who We Represent
At Proper Defense we do not represent employees in actions against their employers. We dedicate all of our time and resources to only representing employers. There are already enough aggressive plaintiffs’ lawyers in California. There doesn’t need to be any more. We have successfully represented employers of different sizes across a variety of industries in almost every conceivable form of employment litigation possible.
### We Provide Proactive Counsel to Limit Client Exposure
We don’t believe in only providing representation when a lawsuit is filed. We routinely work proactively with our clients to limit their exposure to litigation. We do this by reviewing and revising all of an employer’s written policies, handbooks, employment agreements and confidentiality agreements to be in conformity with the law. In addition, we perform onsite inspections of the workplace to ensure that the written policies are being implemented and followed in all aspects of the operation. Lastly, we provide counseling and training for your management and human resource employees as well as client alerts that keep our clients informed on recent changes to California employment laws that could affect their business.
### Types of Cases We Handle
Below is a list of the types of matters we have experience defending:
* Wrongful Termination
* Sexual Harassment
* Administrative Law Hearings
* Civil Rights Violations
* Discrimination Claims
* ADA Violations
* Wage and Hour Class Actions
* PAGA Actions
* FLSA and FMLA Claims
* Misclassification Claims
* Private and Public Whistleblower Claims
* Unfair Competition and Trade Secret Claims
### Unless You Like Getting Sued, Give Us a Call
Don’t wait until you have been sued to hire an employment lawyer. Trust us when we say that it is cheaper to hire a qualified employment lawyer before you are sued to help you avoid getting sued than it is to “wait and see” if litigation arises down the road. We should know since we send out the bills. Give us a call today to discuss how we can help your business navigate the myriad of California employment laws.
!!Let Us Take Care of Your Legal Needs
### Call Today TO BOOK A Consultation
### (559) 825-3800
(424) 284-4066 - Beverly Hills
### Or Send us a Message
[CIVIL DIVISION
FRESNO OFFICE
677 W Palmdon Dr, Ste 201
Fresno, CA 93704
(559) 825-3800
BEVERLY HILLS OFFICE
9465 Wilshire Blvd, Ste 300
Beverly Hills, CA 90212
(424) 284-4066
© 2020 Proper Defense Law Corporation. All Rights Reserved.  |  | 
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# Trademark Law
Every business has a company name, a brand name, or a name of a particular product or service. In order to properly protect your rights, all of these need to be trademarked at the state and federal level and in some cases the international level. After all, your trademark is your identity in the marketplace.
Proper Defense can efficiently and effectively perform a trademark availability search for you and help you successfully register your trademarks. In addition, we have represented our clients in trademark opposition and cancellation matters. Your business identity, product name, and goodwill may not be physical assets – but they are valuable assets that must be protected.
### Selecting Your Trademarks
Selecting a good trademark can be a daunting process. Not only must it sound and look good, but it needs to be available for use and enforceable under the trademark laws. We have experience working with our clients by helping them navigate the trademark selection process and can assist with not only conducting and analyzing trademark searches but in determining whether your selected name, design, or logo is available.
### Registering Your Trademarks
Determining the proper jurisdictions that your trademarks need to be registered in can be a daunting task. There is registration at the individual state level, the federal level, and even the international level. Many products are shipped internationally and thus require international trademark registration in each country in which it is shipped. Does all of this sound overwhelming? That is because it is. You can trust that Proper Defense will properly file your trademark applications in the appropriate jurisdictions and will see the applications through to completion of the registration process.
### Protecting Your Trademarks
In today’s world, people like to attempt to steal the good ideas of others. After your trademark is successfully registered it must be monitored to prevent use by unauthorized third parties. If others are using your trademarks without your permission they may be harming your business’ reputation. We offer a trademark watch service that will quickly notify me of possible unauthorized use of your trademarks by others. In the event someone is infringing on your registered trademark, we will be notified in a timely manner and can either immediately send them a cease and desist letter or file an infringement lawsuit seeking a preliminary injunction to protect your rights.
In addition to stopping people from using your registered trademarks, we can file an opposition or cancellation proceedings with the United States Patent and Trademark Office to stop them from using a name, design, or logo that is similar to yours before they do.
### Trademark Litigation
Unfortunately, there are times when a cease and desist letter is not enough and litigation is inevitable. In the event this happens to you, we can file an infringement lawsuit on your behalf in Federal and State Courts to prevent people from using your trademarks on similar products. Fortunately for you, our experience in the realm of litigation allows us to bring a vast amount of experience to the table and our hourly rates are much less than many other trademark attorneys. This allows us to effectively and efficiently litigate against trademark infringers on your behalf.
In addition to prosecuting infringement actions on your behalf, we can also defend your clients against trademark infringement lawsuits. We will analyze your case and develop a strategy to either invalidate your competitors’ claims, minimize your liabilities, win your case outright by proving non-infringement or facilitate a settlement negotiation between you and the plaintiff that will allow you to get back to doing what you do best: running your business.
### Why You Should Hire an Experienced Trademark Attorney to File Your Trademark Application
We hear this all the time: “Well… I filed for my trademark myself because it didn’t seem like a lot of work and I didn’t feel it was worth the money to pay an attorney to do for me.” Usually, the next words out of the client’s mouth are something along the lines as to why they do not understand why their trademark application was denied.
A  found that having an experienced trademark attorney assist you in filing an application gives you an 83 percent chance at success, compared with just a 57 percent chance of success if you apply for the trademark on your own. There are many potential pitfalls that you will encounter when applying for trademark registration. Skimping on a few hundred dollars by not hiring an experienced trademark attorney to assist you with your application has a high likelihood that you will encounter problems down the road. Would you rather spend a few hundred now or tens of thousands later? This is one area of your business that you should not seek to save a few dollars on. Hire an experienced trademark attorney to help you register your mark.
### Register Your Trademark Now For Peace of Mind Later
At Proper Defense, we strongly recommend that our clients make it a priority to seek trademark clearance and registration as quickly as possible. As your name, logo, or design grows in popularity and distribution, so too will your trademark rights in both value and importance. Securing your rights to your trademark early on will help you avoid a headache down the road. The services we provide include but are not limited to:
* State, federal and international (Madrid) trademark registrations
* Knockout services
* Clearance opinions
* Responding to Opposition Proceedings and USPTO Office Actions
* Domain name disputes
* Trademark license agreements
We have experience helping people and businesses to identify trademark opportunities and come up with a strategic plan to provide the most comprehensive protection available that fits within your budget and needs. In addition, we provide the vast majority of our trademark-related services on a flat fee manner and will be happy to provide you with an initial consultation that is free of obligation.
# Workplace Safety and Health
The purpose of the Division of Occupational Safety and Health, also known as Cal/OSHA, is to promote health and safety in the workplace without impacting commerce. Or so they say. Ask any business that has had to deal with Cal/OSHA and they will tell you that as more regulations are passed the enforcement of those regulations has greatly impacted the operations of their businesses. Many of Cal/OSHA’s regulations are confusing, counter-productive and conflicting. It is becoming increasingly more difficult for employers to remain profitable while staying in compliance with all of the necessary regulations.
### Potential OSHA Penalties
In addition, as a result of Federal OSHA’s recent recommendation that the number of “serious” violations issued by Cal/OSHA be increased, Cal/OSHA has increased its efforts to enforce the safety regulations and to issue greater numbers of citations altogether. These citations affect a business’s ability to do business in a variety of ways.
The penalties associated with citations can greatly affect a business’s profitability. Penalties range from several hundred to tens of thousands of dollars. In addition, if the business receives the same or a similar violation within three years of the first citation it will be classified as Repeat or Serious, with the standard penalty multiplied by up to five times.
If an injury results in a death or catastrophic injury the matter will be referred to the criminal investigation unit or to local law enforcement for investigation and the possibility of criminal charges being filed.
### Serious and Willful Misconduct
If a citation is classified as Serious it can be used against the business as evidence of serious and willful misconduct, should a serious and willful case be filed with the California Workers Compensation Appeals Board (“WCAB”). If an employer is found to be liable by its serious and willful misconduct it will be ordered to pay an amount equal to half the value of all benefits paid as a result of the injury. This includes all temporary and permanent disability, medical and vocational rehabilitation benefits. What makes this even more serious is the fact that the entire serious and willful award must be paid from the employer’s own funds. In addition, the employer cannot shift this liability to an insurance company or a third party. Lastly, the amount of the award cannot be adjusted by the judge – if you are liable, you must pay in full, no exceptions.
A serious and willful misconduct case is complex and is governed by the procedural rules of the WCAB as opposed to the normal rules of procedural used in the California courts. Couple this with the fact that the stakes are much higher for an employer you need an attorney with experience defending employers in serious and willful cases.
### Let Us Help
The key to a successful defense against a Cal/OSHA violation or a complaint brought by an employee concerning workplace safety is early involvement by an experienced attorney and his team of consultants. We are well-equipped to address the unique needs of each of our clients while working hard to achieve the most favorable outcome possible so that our clients can go back to doing what they do best: running their business. If you were cited by Cal/OSHA and believe they are wrong or the penalties are too high, or would like us to assist with a safety audits and risk management services call Proper Defense for a consultation.