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23 08, 2016

When Must an LLC Membership Interest be Registered as a Security in California?

By | 2016-12-14T11:10:41+00:00 August 23rd, 2016|Business Formation, Business Law, Commercial Law, Securities Law|Comments Off on When Must an LLC Membership Interest be Registered as a Security in California?

Most business owners and investors refer to corporate stock when discussing “securities”. However, other types of ownership interests, other than stocks, fall under the definitions of securities pursuant to California law, including a membership interest in a limited liability company (“LLC”). However, not all LLC membership interests are included in these definitions, in which case [...]

11 08, 2016

CALIFORNIA’S REAL ESTATE TRANSFER DISCLOSURE STATEMENT

By | 2016-12-14T11:13:44+00:00 August 11th, 2016|Business Law, Business Litigation|Comments Off on CALIFORNIA’S REAL ESTATE TRANSFER DISCLOSURE STATEMENT

If you are selling or leasing your home, you must comply with the Real Estate Transfer Disclosure Law. That law requires that sellers provide the prospective buyer with a Real Estate Transfer Disclosure Statement (“TDS”). The obligation to provide a prospective purchaser with a TDS is imposed on all owners of real property who enter [...]

2 08, 2016

California Successor Liability

By | 2016-12-14T11:13:30+00:00 August 2nd, 2016|Business 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 [...]

14 07, 2016

Anti-SLAPP Motions in Connection with Employment Law Claims

By | 2016-12-14T11:16:08+00:00 July 14th, 2016|Business Law, Business Litigation, Labor & Employment Law|Comments Off on Anti-SLAPP Motions in Connection with Employment Law Claims

Employers and employees alike should be aware of the not-so-new litigation device known as the anti-SLAPP motion to strike. This motion, typically filed in the early stages of a case, is designed to strike a Complaint before it gets off the ground. SLAPP refers to “Strategic Litigation Against Public Participation.”  An anti-SLAPP motion is one [...]

13 06, 2016

Statute of Limitations in California: Common Causes of Action

By | 2016-12-14T11:20:00+00:00 June 13th, 2016|Business Law|Comments Off on Statute of Limitations in California: Common Causes of Action

What is a Statute of Limitations? In civil matters, a statute of limitations is a law which places a deadline on the time frame in which a victim may pursue a claim against a wrongdoer. This “deadline” varies depending on the cause of action involved, but whatever the time limit, once the statute of limitations [...]

30 05, 2016

Making Breach of Contract Actions Worthwhile: Liquidated Damage and Attorneys’ Fees Provisions

By | 2016-12-14T11:20:21+00:00 May 30th, 2016|Business Law, Business Litigation, Commercial Law, Commercial Ligitation, Contract law|Comments Off on Making Breach of Contract Actions Worthwhile: Liquidated Damage and Attorneys’ Fees Provisions

business litigation attorney san diego As a business litigation attorney, I sometimes have the unpleasant task of informing clients that their “breach of contract” case is not worth pursuing because the legal fees and costs to pursue legal action are likely to exceed the recoverable amount in their case. With some foresight when [...]

19 05, 2016

Liquidated Damages Clauses for Business Contracts

By | 2016-12-14T11:22:49+00:00 May 19th, 2016|Business Law, Contract law|Comments Off on Liquidated Damages Clauses for Business Contracts

Our business clients sometimes wonder “what is a liquidated damages clause?”or “is the liquidated damages clause in my contract enforceable in the state California?” We focus on answering these questions in this blog article. There are many different types of contracts in which such a clause may be useful. However, the general intentions behind liquidated [...]

12 05, 2016

Promissory Notes

By | 2016-12-14T11:22:20+00:00 May 12th, 2016|Business Law, Commercial Law, Contract law|Comments Off on Promissory Notes

Put simply, a promissory note is a written promise to pay a definite amount of money on specified date(s) or on demand. The primary purpose of a promissory note is to evidence a loan amount, interest rate, if any, and other terms on which a loan is to be repaid. Depending on the type of [...]

30 04, 2016

Starting a Business in California? Read this first…

By | 2016-12-14T11:27:52+00:00 April 30th, 2016|Business Formation, Business Law, Commercial Law, Corporate Compliance|Comments Off on Starting a Business in California? Read this first…

Introduction It is no secret that nine out of ten start-ups fail—that’s a full 90% of businesses that do not become profitable or are derailed for one reason or another. So what can you, as a prospective business owner, do to ensure you are one of the success stories? Starting a business in California [...]

1 04, 2016

California Minimum Wage 2016

By | 2016-12-14T12:03:13+00:00 April 1st, 2016|Business Contracts, Business Law, employment discrimination, Labor & Employment Law, wage and hour law|Comments Off on California Minimum Wage 2016

Economic Justice or Economic Devastation: What Does the Proposed Minimum Wage Hike to $15 an Hour Mean to Your Business? Most California business owners are aware that the minimum hourly wage rose to $10 per hour for all industries on January 1, 2016.[1] However, many of the same business owners are only beginning to recognize [...]