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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 [...]

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 [...]

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 [...]

21 03, 2016

Remedies for Cybersquatting

By | 2016-12-14T12:04:24+00:00 March 21st, 2016|Asset Protection, Business Law, Business Litigation, Commercial Law, Intellectual Property|Comments Off on Remedies for Cybersquatting

Introduction Have you ever noticed that when a person or business name becomes popular or well-known, there’s often an unrelated third party prepared to park or register website domains in the name of that person or business? In many such cases, the third party’s objective involves making an easy profit by holding the domains “hostage” [...]

14 03, 2016

Letter of Intent to Purchase Business

By | 2016-12-14T12:38:20+00:00 March 14th, 2016|Business Contracts, Business Formation, Business Law, Commercial Law|Comments Off on Letter of Intent to Purchase Business

Using a Letter of Intent When Purchasing a Business What is a Letter of Intent? In its final form, a letter of intent typically sets forth the primary terms agreed upon between a buyer and seller in anticipation of a sale of a business or a large asset purchase. The parties may wish to make [...]

8 03, 2016

Hiring Licensed Contractors

By | 2016-12-14T12:34:55+00:00 March 8th, 2016|Business Law, Commercial Law, Contract law|Comments Off on Hiring Licensed Contractors

Hiring Licensed Contractors in California Most of us have never hired someone to do construction work of any sort, so when the need arises to hire a contractor to make repairs or improvements on our residential or commercial property, we don’t know where to start. Beware: these are dangerous waters!  Even when everything goes smoothly, [...]

8 03, 2016

Trademark Protection

By | 2016-12-14T12:18:45+00:00 March 8th, 2016|Asset Protection, Business Law, Commercial Law, trademark, Trademarks & Copyrights|Comments Off on Trademark Protection

The Importance Of Protecting Your Trademark  Introduction Most company’s trademarks are extremely valuable assets and represent a significant percentage of the company’s worth.  Brand recognition creates customer goodwill and promotes customer satisfaction, which leads to increased sales.  Because of this, it is critical to maintain protection of these intangible assets.   To achieve this protection, it [...]

28 02, 2016

Protecting Trade Secrets Using Employment Agreements

By | 2016-12-14T12:58:00+00:00 February 28th, 2016|Business Contracts, Business Law, Business Litigation, Commercial Law, Contract law, Labor & Employment Law|Comments Off on Protecting Trade Secrets Using Employment Agreements

Introduction Most California business owners know that a provision in an employment contract which purports to prevent a former employee from competing with the employer’s business is unenforceable in California. Under California law, there is a strong and clear policy favoring the free and unfettered rights of workers to find work where they can, using [...]

11 02, 2016

Contract Disputes and Personal Jurisdiction

By | 2016-12-14T12:44:18+00:00 February 11th, 2016|Business Contracts, Business Law, Business Litigation, Commercial Law, Contract law|Comments Off on Contract Disputes and Personal Jurisdiction

Introduction With the prevalence of the internet and all of our information and communication technologies, it is increasingly common for individuals and businesses to enter into contractual relations across state lines.  People buy and sell all manner of goods and services on-line, taking advantage of greatly expanded choice and markets.  But there are risks and [...]