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1 12, 2015

Bulk Sales Law for California Asset Sales

By | 2015-12-01T15:16:00+00:00 December 1st, 2015|Business Contracts, Business Law, Commercial Law, Contract law|Comments Off on Bulk Sales Law for California Asset Sales

Introduction While many states have repealed their bulk sales laws, California’s Bulk Sales Law remains in full force and effect. The primary stated purpose of this law is to protect buyers and creditors following the purchase of more than half of a business’s assets. If a buyer makes a bulk sale purchase but does not adhere [...]

15 11, 2015

Fraud Claims in Business Contract Disputes

By | 2015-11-15T11:40:47+00:00 November 15th, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on Fraud Claims in Business Contract Disputes

Few things are more important to a business, small or large, than its contracts.  Most businesses exist by virtue of “contracts”, agreements of mutually dependent promises and obligations, as in partnership agreements, articles of incorporation and shareholder agreements, limited liability operating agreements, and the like.  Businesses hire their employees by contract, written or oral.  Business [...]

9 11, 2015

Is a Testamentary Bypass Trust Right for Me?

By | 2015-11-09T12:25:23+00:00 November 9th, 2015|Asset Protection, Business Contracts, Estate Planning, Wills and Trusts|Comments Off on Is a Testamentary Bypass Trust Right for Me?

Introduction Whether you are a business owner reflecting on your succession planning needs, or an individual who has amassed significant assets from sources other than a business, if you are married, a testamentary bypass trust should be considered in your estate planning process. What is a Bypass Trust? A bypass trust is a type of irrevocable trust and is [...]

22 10, 2015

When May I Rescind a Contract in California? Part 3

By | 2015-10-22T14:30:03+00:00 October 22nd, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on When May I Rescind a Contract in California? Part 3

Introduction In this third part of Everything You Wanted to Know About Contracts, our San Diego based business litigation attorneys answer the question: "When May I Rescind a Contract in California?" Rescission of Contract In some instances, a party may rescind a contract he has entered into.  A contract that is rescinded no longer exists.  Consequently, when [...]

14 10, 2015

Remedies for Breach of Contract in California, Part 2

By | 2015-10-14T16:35:39+00:00 October 14th, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on Remedies for Breach of Contract in California, Part 2

Introduction Continuing our discussion on Everything You Wanted to Know About Contracts, this article sets out the remedies which your business litigation attorney may inform you are available in a lawsuit for breach of contract lawsuit in California. The non-breaching party may seek one or more types of remedies, from consequential and incidental damages, to specific performance, which [...]

9 10, 2015

Everything You Wanted to Know About Contracts; Part 1

By | 2015-10-09T10:33:11+00:00 October 9th, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on Everything You Wanted to Know About Contracts; Part 1

Introduction San Diego business law attorneys and litigation lawyers alike regularly deal with the law of contracts. Whether you are negotiating a contract or have hired a trial lawyer to pursue a breach of contract lawsuit, it is helpful to know some of the basic principals and laws governing contracts. In this Part 1 of [...]

20 09, 2015

Using a Shareholder Agreement for Business Succession Planning

By | 2015-09-20T09:57:57+00:00 September 20th, 2015|Business Contracts, Business Law, Succession Planning|Comments Off on Using a Shareholder Agreement for Business Succession Planning

How can a Shareholder Agreement (also known as a buy/sell agreement) Aid You in Your Small Business Succession Planning? While small business owners are often focused on such issues as profit and loss, cash flow, and delivering their products or services to consumers, it is equally important to consider succession planning to prevent the sudden [...]

2 09, 2015

Avoid Expensive Wrongful Termination Lawsuits with Arbitration

By | 2015-09-02T15:19:52+00:00 September 2nd, 2015|Business Contracts, Business Law, Business Litigation, Labor & Employment Law|Comments Off on Avoid Expensive Wrongful Termination Lawsuits with Arbitration

AVOID EXPENSIVE WRONGFUL TERMINATION LAWSUITS: Have a Written Employment Agreement with Mandatory Arbitration Provisions A typical small business nightmare scenario: Although STARS Digital Photo service, (“STARS”) did not open for business before 10:00 a.m, the owner, Eric P., answered the knock on the storefront door just after 9 a.m. A nicely dressed young woman smiled [...]

22 06, 2015

Recovering Damages in Breach of Employment Contract Cases

By | 2015-06-22T09:00:50+00:00 June 22nd, 2015|Business Contracts, Business Litigation, Contract law, Labor & Employment Law|Comments Off on Recovering Damages in Breach of Employment Contract Cases

Recovering Damages in Breach of Employment Contract Cases In many states, including California, the employer-employee relationship is presumed to be at-will. This means that the employee can terminate his or her relationship with the employer at any time for any reason. Likewise, an employer can terminate its relationship with an employee at any time, for [...]

27 05, 2015

How To Protect Company Trade Secrets

By | 2015-05-27T10:12:15+00:00 May 27th, 2015|Business Contracts, Business Law, Business Litigation, Labor & Employment Law|Comments Off on How To Protect Company Trade Secrets

Small business owners and entrepreneurs alike must take great care to protect sensitive and proprietary information from being disclosed in order to benefit from the protection afforded by the California Trade Secrets Law. Even the slightest failure to zealously guard against disclosure may lead to disastrous results. In fact, failure to guard against misappropriation of [...]