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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 [...]

11 04, 2017

Are Class Action Waivers Enforceable in California?

By | 2017-04-11T07:56:05+00:00 April 11th, 2017|Civil Litigation, Contract law, Labor & Employment Law, Uncategorized|Comments Off on Are Class Action Waivers Enforceable in California?

While there is no doubt California courts have openly expressed hostility toward the enforcement of class action waivers, state court and ninth circuit court decisions finding such waivers unenforceable have been consistently reversed on appeal to the United States Supreme Court, where the waivers are contained in an agreement to arbitrate pursuant to the Federal [...]

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 [...]

23 11, 2016

EXPERIENCE MATTERS IN SETTLEMENT NEGOTIATIONS

By | 2016-12-14T10:04:57+00:00 November 23rd, 2016|Contract law|Comments Off on EXPERIENCE MATTERS IN SETTLEMENT NEGOTIATIONS

Negotiation of legal disputes is a subtle skill, as much art, perhaps, as science, or law.  It requires not only the careful analysis of facts and law, but the nuanced, emotional interplay of conflict resolution with human opponents.  Settlement value is not determined by some mathematical computation alone; it is greatly influenced by personalities and [...]

27 06, 2016

LETTER OF INTENT: IS IT ENFORCEABLE?

By | 2016-12-14T11:17:50+00:00 June 27th, 2016|Contract law|Comments Off on LETTER OF INTENT: IS IT ENFORCEABLE?

We previously discussed here why businesses and individuals might wish to have an attorney draft a Letter of Intent. This article focuses on the question of whether and when a Letter of Intent [1] is an enforceable contract. It often happens, when negotiating business deals, that one or both of the parties wants some assurance [...]