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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 [...]