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Anti-SLAPP Motions in Connection with Employment Law Claims

By | July 14th, 2016|Business Law, Business Litigation, Labor & Employment Law|

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 [...]

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BUSINESS LITIGATION: Swinging a Bigger Stick

By | July 6th, 2016|Business Litigation|

Everyone knows that litigation is an expensive distraction from the true mission of any business.  Good management, with well drafted contracts and employee supervision, go a long way to minimize lawsuits. However, despite the “best laid plans”, things happen.  Even well-managed businesses sometimes find themselves involved in a lawsuit.  When that happens, it is often [...]

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A Trustee’s Responsibilities Administering a California Living Trust

By | June 28th, 2016|Estate Planning|

Our estate planning clients often have a lot of questions about their obligations as a trustee of their living trust. Where the acting trustee is also the creator or “grantor”[1] of the trust, the trustee typically has plenary power to act on behalf of the trust and may amend or even revoke the trust in [...]

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LETTER OF INTENT: IS IT ENFORCEABLE?

By | June 27th, 2016|Contract law|

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 [...]

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COPYRIGHT REGISTRATION – A PREREQUISITE FOR INFRINGEMENT LITIGATION

By | June 17th, 2016|Trademarks & Copyrights|

This article discusses the importance of registering copyrights in order to provide business owners and authors significant benefits, including statutory damages and reimbursement for attorneys’ fees, in the event someone infringes on their copyrights. A vital asset of many businesses consists of copyrights. Title 17 of the United States Code, commonly known as the federal [...]

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Statute of Limitations in California: Common Causes of Action

By | June 13th, 2016|Business Law|

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 [...]

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Making Breach of Contract Actions Worthwhile: Liquidated Damage and Attorneys’ Fees Provisions

By | May 30th, 2016|Business Law, Business Litigation, Commercial Law, Commercial Ligitation, Contract law|

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 [...]

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Liquidated Damages Clauses for Business Contracts

By | May 19th, 2016|Business Law, Contract law|

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 [...]

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Promissory Notes

By | May 12th, 2016|Business Law, Commercial Law, Contract law|

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 [...]

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Fraudulent Inducement of Employment Contract

By | May 10th, 2016|Labor & Employment Law|

This article discusses California law with regard to fraudulent inducement of employment, a situation in which an employer is alleged to have made false statements to a prospective employee for the purpose of inducing the candidate to accept the employer’s job offer. It also explores the remedies available to an employee against an employer where [...]

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