COMAR LAW

WINTER 2011-2012 NEWSLETTER

2 011 In Rev iew

The end of year one...and

The Beginning Of Year Two

by D. Inder Comar, Esq.
Comar Law is one year old! And momentum is building for what looks to be a great 2012. In just a year, Comar Law has: handled intellectual property concerns for a designer of museum exhibitions set to travel throughout the United States in 2012; drafted a Humanitarian License that distributes intellectual property and technology to the developing world while protecting the interests of rights-holders in mature markets; received court appointments from the First and Second Appellate Districts in criminal and civil cases; and prosecuted a plaintiff agediscrimination action for violations of Californias Fair Employment and Housing Act. Perhaps the biggest challenge of year one was determining the mission and goals for Comar Law. While year one has brought some extraordinary clients and legal experiences, Comar Law continues to depend on colleagues, friends and well-wishers, for collaborative projects and for referrals.

WHATS INSIDE
PAGE 2 THE PRACTICE Comar Law describes the work done this year in appellate law and intellectual property law.

TO UNPATHED WATERS, UNDREAMED SHORES. WILLIAM SHAKESPEARE

PAGE 3 THE PRACTICE Comar Law describes the work done this year in the areas of social entrepreneurship and discusses more of the practice.

The Mission of Comar Law

Making Change Happen

Comar Law helps people make their change. Comar Law works with (1) businesses dedicated to change (such as technological and social change); and (2) individuals seeking change through the trial and appellate process. Comar Laws practice spans intellectual property, employment, civil rights, and general commercial litigation issues, as well as trial and appellate work.

PAGE 4 BEING THANKFUL Comar Law thanks its many supporters.

COMAR LAW | 901 MISSION STREET SUITE 105 | SAN FRANCISCO, CALIFORNIA 94103 | WWW.COMARLAW.COM

COMAR LAW

WINTER 2011-2012 NEWSLETTER

THE HUMANITARIAN LICENSE

IP LICENSING In conjunction with Natural Innovation .org, (NI) Comar Law drafted a Humanitarian License designed to help companies distribute intellectual property and technology in poor markets while retaining rights to sell for prot in mature markets. Should a poor market reach a point where it can afford the technology or IP at market rates, the license expires.
(Picture courtesy of Tomas Castelazo)

Appellate Law

Arguing The Power Of the 2nd Amendment

In June 2011, Comar Law was court-appointed to represent Frank Quinones in his criminal appeal in Califor nias Second Appellate District. Mr. Quinones was c o nv i c t e d u n d e r C a l i f o r n i a s concealed knife statute. After a review of recent Supreme Court law, Comar Law is a r g u i n g t h a t M r. Q u i n o n e s conviction should be overturned because the law at issue violates the Second Amendment. The concealed weapon law criminalizes the possession of a concealed dirk or dagger. Dirk or dagger is defined as a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. In 2008 the United States Supreme Court decided District of Columbia v. Heller which held that the Second Amendment provided an

individual right to possess and carry weapons in case of confrontation. Heller gave new life to the Second Amendment for the first time in more than a century.

carrying of a concealed knife in self defense -- and (2) does not give any notice as to what conduct is legal or illegal. The governments opposition brief is set to be filed at the beginning of January, with oral argument to be scheduled at the pleasure of the Second Appellate District.

Intellectual Property Law

Help Me Keep A Secret!

In the 2010 companion case McDonald v. City of Chicago, the Supreme Court ruled that the individual rights guaranteed by the Second Amendment are fully applicable to the States. In other words, states must comply with the Second Amendment. Accordingly, under Heller and McDonald, Comar Law is arguing that Californias concealed knife law is unconstitutional because it (1) criminalizes otherwise lawful and protected conduct -- the legitimate In conjunction with the Hub Bay Area, in July 2011 Comar Law presented a one hour training to other attor neys and business executives on how founders and companies can best keep their ideas secret. Comar Laws best-practices model presented several approaches based on contract and intellectual property law that can provide robust ways to safeguard business ideas until they can properly -- and profitably -- flourish.

COMAR LAW | 901 MISSION STREET SUITE 105 | SAN FRANCISCO, CALIFORNIA 94103 | WWW.COMARLAW.COM

COMAR LAW

WINTER 2011-2012 NEWSLETTER

Business Intelligence

Lear ning More About Comar Law

Starting My Own Practice Starting my own practice is something Ive always wanted to do. The anxiety of being a small business owner is more than matched by the excitement of the victories that accompany growth. Theres really no experience that can p r e p a r e yo u f o r b e i n g a n entrepreneur, but I think it is possible for lawyers to assume more personal risk and create new types of practices that match the business needs of the 21st century. Types of Matters Comar Laws focus is on business counseling and cause-based impact litigation. From a business counseling perspective, Comar Law serves ambitious companies that are creating technological or social change. At the same time, Comar Law serves plaintiffs and appellants in cause-focused litigations that seek to redress gross injustices or overturn laws through the appellate process. This change practice is cross-disciplinary and takes from a variety of traditional practices, including intellectual property, employment, civil and human rights, international law and civil and appellate procedure. Goals for 2012 In 2012 , I hope to expand on the successes of year one by creating new relationships, nurturing current relationships, spreading the word about Comar Law and winning the cause-focused litigations that were generated in 2011. Moving forward,

I also want to take Comar Law in an international direction -- both by obtaining international business work and by taking cause-focused litigations global in scope. There is a lot of work to do in sustaining the incredible momentum thats been created just after a year.

Social Entrepreneurship

Welcoming Two New Corporate Structures in Califor nia

For people involved in social enterprises and other new ventures, California has legalized two new types of business structures that fill a gap between the non-profit and for-profit corporate structures: the flexible purpose corporation and the benefit corporation. These new corporate forms allow the board of directors and corporate managers to consider and act towards purposes other than profit, which may be difficult (or even constitute a breach of fiduciary duty) under traditional corporate law. Comar Law can help founders explore the possibility of these two new corporate structures for their next social enterprise or other business venture. A short summary of key aspects follows:

Flexible purpose corp. -- A flexible purpose corporation must list a special purpose, which may include, but are not limited to, charitable and public purpose activities. The board and corporate officers must specify objectives for measuring the impact of the its special purpose. Certain accounting and transparency formalities must be met. Along with an annual fiscal report, the company must put together a management discussion and analysis that can be sent to shareholders and made publicly available. This document must discuss the short- and long-term objectives of the special purpose. Benefit cor p. -- A benefit corporation exists to have the purpose of creating a general public benefit. The board of directors must consider the companys impact on: (1) its employees and workforce, its subsidiaries and suppliers; (2) its customers as beneficiaries of the general or specific public benefit; (3) broader impacts on the community and society; and (4) the local and global environment. No fiduciary duty is created between the board of directors or officers of the company with the beneficiaries of the general public benefit. An independent third party defines, reports, and assesses the corporate and social performance of the company. Existing corporations can convert to a benefit corporation when certain conditions are met.

COMAR LAW | 901 MISSION STREET SUITE 105 | SAN FRANCISCO, CALIFORNIA 94103 | WWW.COMARLAW.COM

COMAR LAW

WINTER 2011-2012 NEWSLETTER

Friends, Partners and Colleagues

No Man Is An Island

The success and growth of Comar Law cannot happen without the help and support of countless colleagues, friends and well-wishers. A small sampling is provided here, and Comar Law expresses the deepest thanks for their support in 2011. The Sustainable Economies Law Center and Janelle Orsi, Esq. The Sustainable Economies Law Center (SELC) and Janelle Orsi, Esq., have played an invaluable role in providing analysis, assistance and support to Comar Laws fledgling months. Comar Law wishes to express its deepest gratitude to SELC and Ms. Orsi for all their kind assistance in 2011. The Law Offices of Michael Q. Eagan Comar Law was proud to work with the Law Offices of Michael Q. Eagan and its attorneys in the filing of an anti-SLAPP motion in California Superior Court. Joel Krischer, Esq. Joel Krischer, Esq. provided invaluable mentorship to Comar Law. Comar Law expresses its deepest gratitude in its collaboration with Mr. Krischer on a cutting edge lawsuit now before the United States Court of Appeals for the Ninth Circuit.

Anthony G. Amsterdam, Esq. Comar Law expresses the deepest thanks to Mr. Amsterdam, Esq., for his continued support of the projects initiated by Comar Law throughout the years. The Hub Bay Area Comar Law wishes to thank the Hub Bay Area, especially its hosts and staff, in its continued support of Comar Law. Comar Law is proud to work with a variety of social enterprises, both Hub and non-Hub based, in creating the next generation of successful and sustainable businesses. The AIDS Legal Referral Panel The AIDS Legal Referral Panel (ALRP) and its staff have been contributors to the success of Comar Law in 2011.
Colleagues and Interns at Comar Law

LOOK OUT 2012!

Stay abreast of new clients, projects, and litigations undertaken by Comar Law at www.comarlaw.com. Comar Law 901 Mission Street, Suite 105 San Francisco, California 94103 United States of America T: +1.415.640.5856 F: +1.415.513.0445 E: info@comarlaw.com

THE GREAT THING IN

THE WORLD IS NOT SO MUCH WHERE WE STAND, AS IN WHAT DIRECTION WE ARE MOVING.

OLIVER WENDELL HOLMES

Comar Law is deeply grateful to the hard work and motivation of Reema Dhillon, Brandon Nadel and Chris Johnson in 2011. Colleagues, well-wishers and friends all over the world. Friends in Germany, the UK, Australia and Spain have played an integral role in shaping the future of Comar Law.

COMAR LAW | 901 MISSION STREET SUITE 105 | SAN FRANCISCO, CALIFORNIA 94103 | WWW.COMARLAW.COM