Fergus, A Law OfficeFergus, A Law Office2024-03-08T16:49:57Zhttps://www.ferguslegalip.com/feed/atom/WordPress/wp-content/uploads/sites/1503030/2019/12/apple-touch-icon-75x75.pngOn Behalf of Fergus, A Law Officehttps://www.ferguslegalip.com/?p=511022024-03-08T16:49:57Z2024-03-08T16:49:57ZThe importance of international climate change collaboration
International collaboration provides an avenue for countries to share insights and work together towards common environmental goals. International partnerships between companies and countries lead to research and development and create groundbreaking technologies.
However, as these technologies become increasingly valuable, inventors must take steps to protect their intellectual property rights.
Patents that cross borders can lead to a lot of complexity
Patent law just in the US is exceedingly challenging. Once you involve international dimension you quickly become overwhelmed by varying procedures. Add to that the complexity of utilizing international partners in development, there will be natural confusion over the ultimate origin of any technology.
This is why it's important to work closely with an IP attorney as you move forward with patents created in any international collaboration.
You must take steps to understand your rights
Preserving your intellectual property rights as a green technology developer amidst this international cooperation is key. By understanding and implementing proper legal measures across various jurisdictions involved in your work, you can ensure your inventions are protected while contributing positively towards global climate change mitigation efforts
Benefits of successful protections
Successful patent applications, even if just in the US are extremely valuable. If you can secure them in other countries, that profitability increases. While any sort of solution to the climate solution would be valuable and important to work towards, you deserve to reap financial rewards for doing your part.]]>On Behalf of Fergus, A Law Officehttps://www.ferguslegalip.com/?p=510992023-12-08T09:37:32Z2023-12-13T09:37:14ZRole of the fiduciary
An individual usually appoints a fiduciary through a will or trust, and it can be an executor, trustee, administrator, or any other individual entrusted with managing and distributing assets. The primary responsibility of the fiduciary is to act in the best interest of the estate and its beneficiaries.
When someone brings a claim against a fiduciary in court, whether the individual is a beneficiary, heir, or any other interested party, they are challenging an action or decision of the fiduciary.
The litigation process
Common grounds for allegations in fiduciary litigation include:
Breach of fiduciary duty
Mismanagement of assets
Undue influence
Will/Trust contests
The litigation process often involves filing a legal complaint, gathering evidence, and presenting a case in court. The court may respond by ordering the fiduciary to provide an accounting of their actions.
Seeking resolution
Fiduciary estate litigation can be emotionally and financially draining, and attorneys often solve these matters through negotiation, mediation, or settlement discussions between the opposing parties.
Resolving disputes amicably is often preferable to protracted court battles and allows for the preservation of relationships and the minimization of the impact on the assets within the estate.
When a fiduciary executes an estate plan, disputes can arise if a beneficiary, heir, or other involved party challenges an action by the fiduciary. If the court claim is successful, it may entitle the affected parties to restitution and compensation, depending on what the court deems appropriate.]]>On Behalf of Fergus, A Law Officehttps://www.ferguslegalip.com/?p=510982023-10-03T19:35:35Z2023-10-06T12:00:06ZFighting for the future
The lawsuit was premised on specific language in the Montana Constitution. Codified in the Constitution is a reference to guaranteeing the state’s residents – current and future – “the right to a clean and healthful environment.”
Sixteen Montana residents from five to 22 years old filed a climate lawsuit that seemed at an initial glance to be a long shot. Montana state laws enacted in 2011 – and updated just this past year – stopped state agencies from considering climate impact when it came to projects surrounding coal and natural gas.
Nevertheless, the plaintiffs' arguments took aim at state leaders and their persistent pursuit of fossil fuel development. The plaintiffs claimed that developmental plans did not take into account the future impact on the area, not to mention the world.
An historic ruling
After a lengthy trial, the judge’s ruling represented a potential shift in future climate litigation and provided practically an unprecedented victory.
The judge’s ruling gave younger people in Montana and potentially nationwide a “fundamental right to a climate system that is safe and stable for their lives,” according to Julia Olson, the group’s chief legal counsel from a non-profit law office.
First District Judge Kathy Seeley rejected the defendant’s claims that global warming consequences were overblown. Seeley saw prohibition as unconstitutional.
National application?
Will the Montana decision have a ripple effect or limited impact? Can its reasoning and rationale be applied to other states and jurisdictions, or will it be restricted to Montana?
A handful of other states do have similar constitutional language on which like-minded lawsuits could be based, including Pennsylvania, New York, Massachusetts, Illinois and Hawaii. Although California does not currently have similar language in its constitution, other avenues may be available for California residents to assert an affirmative right to environmental protection.
Unsurprisingly, the defendants in the Montana case are appealing the ruling. And all of this is occurring at a time when climate-driven litigation has doubled over the past five years, leading many to claim a paradigm shift.
Time will tell.]]>On Behalf of Fergus, A Law Officehttps://www.ferguslegalip.com/?p=510912023-07-26T05:43:42Z2023-07-31T05:43:20ZWill the nation shift from natural gas to electric?
If not a complete switch, a move to an increased reliance on electricity over natural gas seems likely. Even now, there are signs that communities are making this change. Tech advances are making electricity more present in our homes then ever before. In addition to smart thermostats, refrigerators, and lighting systems, electric heating units now do a better job keeping homes and could surpass the efficiency of natural gas units. Advances in kitchen appliances like induction heating for stovetops that can directly heat the pan and offer better temperature control compared to natural gas stovetops are also promising for cooking enthusiasts and electric vehicles are becoming the norm as more drivers purchase fully electric or hybrid vehicles.
Availability of appliances and vehicles that run on electricity is one part of this evolution. Another is the hurdle that comes with the cost of making the change. President Joseph Biden’s administration has made moves to support those who choose to shift to electric, including billions towards decarbonization efforts within the Build Back Better plan. The federal government also offers tax incentives to help encourage the shift. Tax incentives are available for renewable energy upgrades like solar panels and lawmakers are considering new proposals to further supplement the expenses associated with converting a home from natural gas to electric.
Is the nation ready to shift towards electricity?
Although those excited about tech advances may jump at the chance to implement these new devices another important question remains: can our system handle it? The current system basically pulls from two sources: the electric grid and natural gas lines. Shifting away from natural gas lines towards electric could double the demand on the current transmission grid.
There is good reason for these concerns. Just last year, California officials asked electric vehicle owners to refrain from charging their cars during peak times. The move seems to support the concern that the current grid cannot handle the increased demand.
Another issue: the need to supplement energy needs at night and other times when renewable sources are not as plentiful. Some experts note that expanding the grid can result in access to renewable energy sources from a winder range and may be the answer to this problem.
What will the future hold?
An increased pull from electric utilities is likely regardless of a full shift or not. As such, electric utilities are wise to adjust to meet the demand for power from green sources. Ultimately, the grid will need to be updated to improve resiliency. These updates will serve as the foundation upon which we can continue to evolve to meet our nation’s growing energy needs.]]>On Behalf of Fergus, A Law Officehttps://www.ferguslegalip.com/?p=509842023-05-17T13:50:03Z2023-05-16T13:00:38Zmillions of streams and views on social media.
Does AI respect copyright protections?
Naturally, this raises important questions about copyrights. AI creates material like photographs and songs based on existing material that it combs from the internet. Thus, though the songs an AI generates are technically original, they are also heavily based on copyrighted music. Then there is the fact that users are publishing music with highly realistic imitations of real artists' voices without those artists' knowledge or permission. As AI technology rapidly improves, it will likely become harder and harder for listeners to tell the difference between an AI-generated track "performed" by a big star and one from the actual artist.
Figuring out what to do
As often happens, technology has overtaken the law. American IP regulations are currently silent about whether an AI trained on copyrighted music created by human beings is violating those copyrights when it generates new music based on that learning. Of course, human songwriters also take inspiration from other people's music, though at some point, "inspiration" crosses the line into plagiarism.
When it comes to AI training, IP attorneys who work in the music industry seem to be split. Some argue that Ai-generated songs based on learning from copyrighted materials should be allowed, while others are calling for a ban on such activity. In March, the U.S. Copyright Office took a first step into settling the dispute. In reaction to requests from Congress and the public, the office launched an initiative to examine how copyright law should treat AI-generated art and other content. The project will involve public listening sessions for all interested parties to participate in.
Protecting your work
It is not yet clear how much the law will move to regulate or curtail AI-generated music. Artists, songwriters and others will need sound legal advice to help protect their work from copyright violations.]]>On Behalf of Fergus, A Law Officehttps://www.ferguslegalip.com/?p=509822023-04-10T17:23:41Z2023-04-13T13:00:05ZIP licensing agreement, there are:
Royalties. How are royalties calculated -- by sales, revenue, or some other means?
Escalation clauses. It's common for the parties to negotiate an escalation clause that details how the license owner's royalties go up if something happens. If the agreement contains an escalation clause, it must clearly lay out what the trigger is and what the royalties become if so.
Government regulations. The license holder and licensee might not be the only parties to an IP licensing contract. Depending on what is being licensed, government regulations could apply.
The best way to minimize the risk of conflict with a licensee is to have a contract that clearly lays out both parties' rights and obligations, and methods of conflict resolution that the parties will try before litigation. A detailed and carefully negotiated licensing agreement can reduce or eliminate a lot of potential headaches and disputes months or years down the road.
The benefit of an experienced litigator
Whether your company has dealt with licensing agreements before, you would benefit from experienced legal advice and representation in negotiations. Working with an attorney who is also proficient in complex litigation can also help protect your company and your future business goals.]]>On Behalf of Fergus, A Law Officehttps://www.ferguslegalip.com/?p=509802023-02-17T17:01:51Z2023-02-17T17:00:01ZJust how big are the rewards?
Allied Market Research, a global market research and business consulting organization, recently released a study that valued the global renewable energy market at over $880 billion in 2020. As if that is not enough to grab your attention, experts predict this market to grow to almost $2 billion by 2030.
What are trends to watch for this year?
The thought of green energy likely brings to mind visions of solar panels and wind turbines. Although innovations for these devices are likely beneficial, other areas that will trigger growth in this sector include:
Artificial intelligence. AI can serve to help manage renewable energy resources by helping to navigate supply and demand issues.
Internet of things (IoT). The IoT plays a role in pretty much everything, including the energy sector.
Advances within these forms of technology are needed to help guide renewable energy use and better ensure the infrastructure is present where needed to meet society’s growing demands.
These are not the only trends to watch this year. Experts are also watching the evolution of green hydrogen into a reliable and reusable energy source and have found promise within the bioenergy arena with the potential to convert a much larger portion of biological matter into energy than we do today.
Is there anything else I should know before making this shift?
Savvy entrepreneurs likely already know the importance of protecting any innovation — but it bears repeating. Various legal tools are available to help better ensure that you reap the rewards of your innovations. An attorney can review the invention or new idea and help you decide which form of intellectual property protection is best for your business’ needs.]]>On Behalf of Fergus, A Law Officehttps://www.ferguslegalip.com/?p=509532023-01-23T18:17:26Z2023-01-09T07:57:31Zeach of the bills expected to take effect at the beginning of 2023.
Requirements of the California Air Resources Board (CARB)
Senate Bill 905 defines the responsibilities of the CARB and what it will take to create more accountability regarding carbon capture, removal, utilization and storage. Among the provisions in the bill, the law includes:
Adopting regulations for permit applications for carbon capture, utilization and storage (CCUS) and carbon dioxide removal (CDR) projects
Developing a public database for CCUS and CDR technologies
Ensuring CCUS and CDR projects include monitoring activities
This bill will also include providing notice of CCUS projects and ongoing monitoring of implementation and progress toward carbon goals.
Enhanced oil recovery
Some carbon dioxide capture projects result in a concentrated carbon dioxide fluid. Senate Bill 1314 creates a prohibition on injecting concentrated carbon dioxide fluid into Class II wells for enhanced oil recovery.
Carbon sinks
Part of reducing the amount of carbon in the atmosphere is carbon sequestration. Natural and artificial carbon sinks are one way to reduce the carbon in the atmosphere and support climate solutions.
Assembly Bill 1757 looks at carbon sequestration and requires the National Resources Agency (NRA) to integrate gas emissions targets into the California Climate change Scooping Plan. The NRA must also publish data on its website as they progress toward its targets.
The impact these new laws will have on businesses and consumers is yet to be determined. How do you think these new laws will impact your business or livlihood? What litigation will arise from this new legislation? The future is rife with possiblities.]]>On Behalf of Fergus, A Law Officehttps://www.ferguslegalip.com/?p=509472022-10-17T14:19:31Z2022-10-17T13:15:24ZParis Agreement. Currently, we get about 30% of our electricity from renewable resources, so we will need heroic effort to meet that 2050 goal.
There is growing concern that intellectual property (IP) laws will make this effort even more difficult. How can we balance fair IP laws with saving the planet?
Why IP laws are important
While IP laws are partly intended to rightly reward the patent holder, they also serve the more crucial role of funding further research and development to help patent holders further refine the technology patents they own and to drive new innovation. These ongoing advancements are critical to bringing us closer to the 2050 Paris Agreement goal.
The IP developed by these individuals can encompass design elements, data interpretation and analysis and software/algorithms. These are often hard-won breakthroughs, and the developers should be rewarded accordingly.
The existential urgency to deploy renewable energy systems
Juxtaposed with the philosophy of fair IP protection is the looming possibility that portions of the planet may become uninhabitable or unsuitable for agricultural development due to extreme heat, drought or recurring severe weather.
This urgency is most keenly felt in developing nations, most of whom made comparatively miniscule contributions to the climate crisis. These nations largely do not have the funds to license, purchase and construct desperately needed renewable energy systems.
Striking a balance
Though the numbers are improving, the initial lackluster deployment of COVID-19 vaccines to developing countries was perhaps a sign of how rich countries hoarding resources can hamper global progress towards a mutually beneficial goal.
In order to reduce the effects of global warming and prevent catastrophic human migration, renewable energy systems must be deployed in countries where potential profits may be unattractive, or even nonexistent, and the threat of IP theft is historically high.
The duty falls on the governments committed to the Paris Agreement to find a solution that will protect and encourage IP innovation, while ensuring that poor and vulnerable parts of the planet have access to this crucial technology before a rolling humanitarian disaster unfolds. It’s not going to be easy, but when has cross-industry and international IP law ever been easy?]]>On Behalf of Fergus, A Law Officehttps://www.ferguslegalip.com/?p=509382022-08-31T19:19:35Z2022-08-31T19:19:35Zfrom liability over products produced by other companies.
Amazon's role is not unlike that of a pharmacy, court rules
But the plaintiffs appealed the adverse ruling. In March, a state court of appeals reverse the lower court ruling and determined that the federal law protecting websites from liability did not apply. The court ruled that Amazon did not act as a passive site for the cream makers to sell the cream. Instead, the facts showed that Amazon actively stored, sold and shipped the toxic cream to consumers. If Amazon were a drug store that sold the cream on its shelves, Proposition 65 would definitely apply, the court concluded.
Now the California Supreme Court has upheld the appellate court's decision. This means the plaintiffs will have the chance to seek compensation for injuries associated with the mercury-filled skin cream.
Potentially national consequences
The ruling that retail websites like Amazon must abide by Proposition 65 technically applies only in California. But because of the state's huge population and market share, it could change Amazon's consumer protection policies nationwide.
That could protect millions of people from unsafe products. But once someone has been exposed and sickened or hurt by a defective product, they might have to seek compensation in court.]]>