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California Successor Liability

By | 2016-12-14T11:13:30+00:00 August 2nd, 2016|Business Law|

If you are purchasing an existing business or even the assets of a business in California, it is important to consider to what extent your business will have exposure to successor liability following the purchase. California successor liability laws are significantly broader than those in some states, so being informed and taking steps to mitigate [...]

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Maximizing Your Business Profits by Licensing Your Intellectual Property

By | 2016-12-14T11:14:05+00:00 July 25th, 2016|Trademarks & Copyrights|

So you are an entrepreneur who started a successful business by bringing to life an idea that resulted in an amazing product or service. Congratulations! As part of your success, you have likely developed intellectual property and associated goodwill for these products or services.  However, are you maximizing your profits from these assets? Intellectual property [...]

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Anti-SLAPP Motions in Connection with Employment Law Claims

By | 2016-12-14T11:16:08+00:00 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 | 2016-12-14T11:16:18+00:00 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 | 2016-12-14T11:16:30+00:00 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 | 2016-12-14T11:17:50+00:00 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 | 2016-12-14T11:19:32+00:00 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 | 2016-12-14T11:20:00+00:00 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 | 2016-12-14T11:20:21+00:00 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 | 2016-12-14T11:22:49+00:00 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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