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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 [...]

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 [...]

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, [...]

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 [...]