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6 08, 2015

8 Tips for Choosing a Business Litigation Attorney

By | 2015-08-06T13:30:20+00:00 August 6th, 2015|Business Law, Business Litigation|Comments Off on 8 Tips for Choosing a Business Litigation Attorney

Like going to the dentist, litigation is sometimes necessary but rarely fun. It is a drain on your time, interferes with your business, disrupts your life, and can exact a substantial monetary and emotional toll. If you are forced to go down the litigation road, choosing your travel guide is one of the most important [...]

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 [...]

12 06, 2015

Truth In Advertising Laws Update For California Business Owners

By | 2015-06-12T07:05:38+00:00 June 12th, 2015|Business Law, Business Litigation|Comments Off on Truth In Advertising Laws Update For California Business Owners

In 2012, several California district attorneys filed a lawsuit against the company Overstock, more commonly known as Overstock.com, claiming that the defendant company engaged in false advertising in violation of California truth in advertising laws. The state won their suit in Superior Court.  Overstock has appealed. Despite their appeal, there are several lessons a small [...]

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 [...]

8 04, 2015

California Wage & Hour Laws

By | 2017-03-13T12:03:50+00:00 April 8th, 2015|Business Litigation, Labor & Employment Law, wage and hour law|Comments Off on California Wage & Hour Laws

In 1938, the federal government passed the Fair Labor Standards Act to address a variety of labor issues, such as overtime pay and minimum wage. Over the years, most states have also enacted labor laws that are specific to workers within their states. At times, California wage & hour laws conflict with federal laws. When this happens, [...]

29 01, 2015

When Subpoenas Happen: What to do Next?

By | 2015-01-29T07:11:13+00:00 January 29th, 2015|Business Law, Business Litigation, Commercial Law, Contract law|Comments Off on When Subpoenas Happen: What to do Next?

Receiving a subpoena can be a bit scary for any business owner. Before you panic, there are a few things you need to determine first. For instance, what type of subpoena have you received? What actions are you required by law to take? If you’re a business owner and you’ve just been subpoenaed, in addition [...]

1 01, 2015

The Best Way to Prepare for a Lawsuit

By | 2015-01-01T06:23:52+00:00 January 1st, 2015|Business Law, Business Litigation|Comments Off on The Best Way to Prepare for a Lawsuit

The mere idea of a lawsuit is terrifying for any business owner, but there are ways to make things a bit easier. Taking a few steps BEFORE you are involved in a legal dispute is essential to ensure you are in the best possible position to quickly conclude a case, which has the potential to save [...]

22 12, 2014

Respondeat Superior: What it Means to Your Small Business

By | 2014-12-22T18:33:09+00:00 December 22nd, 2014|Business Law, Business Litigation, Commercial Law, Labor & Employment Law|Comments Off on Respondeat Superior: What it Means to Your Small Business

The Latin meaning of Respondeat Superior is “let the master answer”. Today, this legal doctrine has come to mean that an employer is responsible for the actions of their employees and agents performed in the course of their employment. However, as most business litigation lawyers will tell you, the devil is in the details. While [...]

21 11, 2014

Understanding Non-compete Agreements in California

By | 2014-11-21T23:16:58+00:00 November 21st, 2014|Business Litigation, Labor & Employment Law|Comments Off on Understanding Non-compete Agreements in California

Much to the frustration of many business owners, non-compete clauses are unenforceable against most employees under California law. Pursuant to California Business and Professional Code section 16600, contracts that work to prevent employees from lawfully competing with an existing company cannot be enforced, with a couple of very limited exceptions. Is there any recourse for [...]

22 04, 2014

How to Avoid Employee Wage Claims in California

By | 2014-04-22T18:39:41+00:00 April 22nd, 2014|Business Litigation, Labor & Employment Law|Comments Off on How to Avoid Employee Wage Claims in California

California law provides for significant penalties against employers who fail to pay employee wages in a timely manner. While state courts are responsible for the final interpretation of the statutes, many wage claims are investigated and determined by California Labor and Workforce Development Agency though the Department of Industrial Relations, Division of Labor Standards Enforcement, [...]