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8 01, 2015

Common Mistakes when Drafting Contracts

By | 2015-01-08T06:38:23+00:00 January 8th, 2015|Business Contracts, Business Law, Commercial Law, Contract law|Comments Off on Common Mistakes when Drafting Contracts

Most important business negotiations result in a written contract, a binding legal document which sets out the terms on which the parties have agreed and serves as a guide to the parties in fulfilling their obligations to one another. In the best of situations, the contract may sit in a drawer for years and never [...]

29 12, 2014

Should You Include an Arbitration or Mediation Clause in Your Business Contracts?

By | 2014-12-29T18:36:32+00:00 December 29th, 2014|Business Contracts|Comments Off on Should You Include an Arbitration or Mediation Clause in Your Business Contracts?

For those of our readers who are not familiar with alternative dispute resolution processes—mediation or arbitration, they are simply tools to settle conflicts. They are alternatives to litigation, which the parties to a business contract may agree to use in hopes of avoiding potentially time-consuming and expensive lawsuits. From a small business perspective, it is [...]

13 11, 2014

Benefits of Shareholder Agreements

By | 2014-11-13T23:10:20+00:00 November 13th, 2014|Business Contracts|Comments Off on Benefits of Shareholder Agreements

Expanding a business is the goal of many small business owners. It is an indication that your business ideas and decisions are viable. Adding shareholders is often part of the growth process and drafting a comprehensive shareholder agreement before implementing a growth plan is vital. Defining Shareholder Agreements Shareholder agreements can vary considerably depending on [...]

31 10, 2014

Contract Drafting: When Do You Need to Include a Business Attorney In the Process?

By | 2014-10-31T15:35:55+00:00 October 31st, 2014|Business Contracts|Comments Off on Contract Drafting: When Do You Need to Include a Business Attorney In the Process?

In this country, business is just one long chain of contracts and agreements. When someone needs something and another person can provide it, the natural course of action it to draw up an agreement and to make the transaction happen. However, some contracts are more complicated than others, and we have all heard the horror [...]

15 10, 2014

When Is The Best Time For You to Hire a Small Business Lawyer?

By | 2014-10-15T03:26:46+00:00 October 15th, 2014|Business Contracts, Business Formation, Labor & Employment Law|Comments Off on When Is The Best Time For You to Hire a Small Business Lawyer?

Perhaps the best part about having a business in such close proximity to a small business lawyer in San Diego is that you aren’t forced to hire someone in house. A small business lawyer does not involve the same regular expense that one would be forced to pay an in-house lawyer, because he or she is paid [...]

1 10, 2014

Are Oral Contracts Enforceable?

By | 2014-10-01T22:57:20+00:00 October 1st, 2014|Business Contracts, Contract law|Comments Off on Are Oral Contracts Enforceable?

The answer: It depends. Let me explain. In California, some contracts must be in writing before they will be enforced by a court. However, most oral agreements are enforceable. The problem is not whether they can be enforced as a matter of law because there is no writing, but whether the moving party can prove [...]

9 09, 2014

Exceptions to the Employment At Will Doctrine

By | 2014-09-09T01:56:22+00:00 September 9th, 2014|Business Contracts, Labor & Employment Law|Comments Off on Exceptions to the Employment At Will Doctrine

Like most states, California has adopted the employment at will rule, which permits employers and employees to terminate the employment relationship without notice and without good cause for doing so. However, employers should be aware of the many exceptions to the employment at will doctrine, which do provide grounds for an employee to assert legal action [...]

23 07, 2014

Developing an Employee Handbook – Part 1

By | 2014-07-23T18:11:08+00:00 July 23rd, 2014|Business Contracts, Labor & Employment Law|Comments Off on Developing an Employee Handbook – Part 1

5 REASONS FOR SMALL BUSINESSES TO DEVELOP AN EMPLOYEE HANDBOOK—PART 1 This blog is the first of a five part series. Setting out employee policies through an employee handbook or manual is not typically necessary for a husband and wife business which has no other employees, but most small businesses can benefit significantly from such [...]

8 07, 2014

DRAFTING CONTRACTS TO AVOID DISPUTES

By | 2014-07-08T16:21:31+00:00 July 8th, 2014|Business Contracts|Comments Off on DRAFTING CONTRACTS TO AVOID DISPUTES

Contract law lies at the heart of American society and is the framework from which individuals and businesses enter into agreements every day. From ordering a meal at the local diner, which creates a contract implied by law, to oral and written contracts, every transaction is governed by the principles set out by the state [...]

6 03, 2014

CONTRACT LAW: The Implied Duty of Good Faith and Fair Dealing

By | 2014-03-06T19:02:23+00:00 March 6th, 2014|Business Contracts|Comments Off on CONTRACT LAW: The Implied Duty of Good Faith and Fair Dealing

By definition, an implied duty or covenant imposes obligations and provides for certain rights which are not expressly set out in a contract. In California, courts will interpret most contracts in such a manner as to impose a duty of good faith and fair dealing on both parties. So what are the parameters of this [...]