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4 05, 2017

California Successor Liability

By | 2017-05-04T08:51:57+00:00 May 4th, 2017|Asset Protection, Business Law, Business Litigation, Commercial Law, Commercial Ligitation, Corporate Law|Comments Off on California Successor Liability

If you are purchasing an existing business or even the assets of a business in California, it is important to consider to what extent your business will have exposure to successor liability following the purchase. California successor liability laws are significantly broader than those in some states, so being informed and taking steps to mitigate [...]

4 05, 2017

CALIFORNIA USURY LAWS: What you should know before lending or borrowing money

By | 2017-05-04T08:14:30+00:00 May 4th, 2017|Business Contracts, Business Law, Contract law, Contracts, Financial, Uncategorized|Comments Off on CALIFORNIA USURY LAWS: What you should know before lending or borrowing money

Introduction Many business owners and individuals incorrectly believe they can charge any amount of interest to which the parties agree. However, unlike many contract terms, rates of interest charged by non-exempt lenders is limited in California to ten percent (10%) per year, even if the borrower is otherwise willing to pay a higher rate (or [...]

19 03, 2017

Look Before You Leap! Don’t Sue for an Uncollectable Judgment

By | 2017-03-19T23:20:47+00:00 March 19th, 2017|Business Law, Business Litigation|Comments Off on Look Before You Leap! Don’t Sue for an Uncollectable Judgment

When a client walks in the door and says “I really don’t care about the money, it’s just the ‘principle’ of the matter,” the wise lawyer may reply: “You shouldn’t sue for ‘principle’, unless it’s ‘principal plus interest’”, i.e. money. The meaning of this old pun, of course, is that the only satisfaction likely to [...]

8 03, 2017

Legal Considerations When Buying a Business: Summary of the M&A Process

By | 2017-03-08T23:12:01+00:00 March 8th, 2017|Business Law, Contract law|Comments Off on Legal Considerations When Buying a Business: Summary of the M&A Process

Thinking of buying a business? For any arms’ length transaction, it is critical that buyers take certain steps during the purchase process (also referred to as the M&A process) to protect their legal and financial interests. Assuming the buyer has already identified a viable target company to purchase, we summarize here the essential next steps [...]

3 02, 2017

Importance of Annual Meetings for California Corporations

By | 2017-02-03T12:48:15+00:00 February 3rd, 2017|Business Law, Contracts, Corporate Law|Comments Off on Importance of Annual Meetings for California Corporations

Did you know that failing to address your company’s corporate and legal compliance issues can lead to costly and avoidable consequences such as: -Legal claims by employees, shareholders, vendors or customers -Personal liability of owners/managers for company obligations -The potential for a dissolution of your company -Limited access to new capital or loans -A negative [...]

6 12, 2016

Video Recording on Private Property in California

By | 2016-12-14T09:05:04+00:00 December 6th, 2016|Business Law|Comments Off on Video Recording on Private Property in California

Over the years, clients have inquired about the legality of installing video cameras on their privately owned commercial real estate or business premises. The short answer is that such recordings are legal in California. However, a more complete answer requires that legal counsel for the client determine whether such recordings violate (or may foreseeably violate) [...]

18 11, 2016

Arbitration Agreements Including Emergency Relief Provisions

By | 2016-12-14T10:05:44+00:00 November 18th, 2016|Business Law|Comments Off on Arbitration Agreements Including Emergency Relief Provisions

There are many sorts of business disputes where “emergency relief” may be called for.  One common example is where trade secrets are stolen, often by employees or former employees.  In view of that possibility, it is common for employment agreements to not only require the employees agree not to divulge company trade secrets, but likewise [...]

11 10, 2016

TAKING STEPS TO CORRECT NEGATIVE REVIEWS ON YELP

By | 2017-03-13T12:09:07+00:00 October 11th, 2016|Business Law|Comments Off on TAKING STEPS TO CORRECT NEGATIVE REVIEWS ON YELP

We previously published an article here titled “Negative Reviews On Yelp Hurting Your Business?” in which we explained that, under appropriate circumstances, a business owner may want to consider filing a suit for defamation against persons publishing false negative reviews on Yelp or similar consumer review websites. THE YELP CASE Now the issue of defamatory [...]

20 09, 2016

California’s “Good Faith Settlement” Law: An Example From a Recent Case

By | 2016-12-14T11:04:55+00:00 September 20th, 2016|Business Law, Business Litigation|Comments Off on California’s “Good Faith Settlement” Law: An Example From a Recent Case

Lawsuits are expensive, as we all know, and as experienced business law litigators, we frequently find ourselves advising our business clients to settle their claims, usually at some reduced value, rather than pursue expensive, distracting litigation.  But sometimes, even where your adversary is willing to agree to pay a reasonable settlement amount, filing a lawsuit [...]

14 09, 2016

GUARDING AGAINST PERSONAL LIABILITY FOR RENTAL PROPERTY OWNERS IN CALIFORNIA

By | 2016-12-14T11:05:24+00:00 September 14th, 2016|Business Law, LLCs|Comments Off on GUARDING AGAINST PERSONAL LIABILITY FOR RENTAL PROPERTY OWNERS IN CALIFORNIA

Big rewards can be reaped by owning investment properties, but so too can big risks. One common threat real estate investors wish to avoid is personal liability for judgments resulting from a lawsuit. Even the most conscientious owner may one day find him or herself embroiled in a costly legal battle. While it is impossible [...]