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TAKING STEPS TO CORRECT NEGATIVE REVIEWS ON YELP

By | 2017-03-13T12:09:07+00:00 October 11th, 2016|Business Law|

We previously published an article here titled “Negative Reviews On Yelp Hurting Your Business?” in which we explained that, under appropriate circumstances, a business owner may want to consider filing a suit for defamation against persons publishing false negative reviews on Yelp or similar consumer review websites. THE YELP CASE Now the issue of defamatory [...]

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California’s New Overtime Exempt Minimum Increases to $41,600 and Minimum Wage Set to Increase to $15 per Hour

By | 2016-12-14T11:06:12+00:00 September 28th, 2016|Labor & Employment Law|

Many of our business clients are still adjusting to the new California minimum wage, which increased to $10.00 per hour as of January 1, 2016. This state-wide increase has also resulted in a surge in the annual amount California employees must earn to satisfy the “salary test”—the first of two prongs in the test to [...]

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California’s “Good Faith Settlement” Law: An Example From a Recent Case

By | 2016-12-14T11:04:55+00:00 September 20th, 2016|Business Law, Business Litigation|

Lawsuits are expensive, as we all know, and as experienced business law litigators, we frequently find ourselves advising our business clients to settle their claims, usually at some reduced value, rather than pursue expensive, distracting litigation.  But sometimes, even where your adversary is willing to agree to pay a reasonable settlement amount, filing a lawsuit [...]

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GUARDING AGAINST PERSONAL LIABILITY FOR RENTAL PROPERTY OWNERS IN CALIFORNIA

By | 2016-12-14T11:05:24+00:00 September 14th, 2016|Business Law, LLCs|

Big rewards can be reaped by owning investment properties, but so too can big risks. One common threat real estate investors wish to avoid is personal liability for judgments resulting from a lawsuit. Even the most conscientious owner may one day find him or herself embroiled in a costly legal battle. While it is impossible [...]

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YOU CAN STOP TRADEMARK INFRINGMENT

By | 2017-04-03T23:09:27+00:00 September 9th, 2016|Copyright, Trademark|

You have gone through the painstaking process of starting a business, developing a brand for your business, namely, your business’ trademark, invested significant time and resources into this development, and suddenly you discover another business is using your exact trademark or a similar one. What can you do? What are the Elements of a Trademark [...]

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AN ODE TO HONESTY IN BUSINESS PRACTICES

By | 2016-12-14T11:11:14+00:00 September 5th, 2016|Business Litigation|

As a trial lawyer, there is nothing I enjoy more than an honest client with a righteous case.  Hallelujah!  So many people use lawyers as henchmen, to bully their enemies and competitors, with lies.  But when I have a client who has been cheated or harmed, and is truly a victim, a victim of lies!!!!....that [...]

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Purchasing a Business with Seller Financing

By | 2016-12-14T11:11:26+00:00 August 30th, 2016|Business Contracts, Business Formation|

It is often the case that a purchaser of a business does not have the resources for a full cash sale and will request that the seller finance some of the purchase price. This can be advantageous for both parties, but requires that the parties consider a number of issues, as we highlight in this [...]

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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|

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 [...]

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CALIFORNIA’S REAL ESTATE TRANSFER DISCLOSURE STATEMENT

By | 2016-12-14T11:13:44+00:00 August 11th, 2016|Business Law, Business Litigation|

If you are selling or leasing your home, you must comply with the Real Estate Transfer Disclosure Law. That law requires that sellers provide the prospective buyer with a Real Estate Transfer Disclosure Statement (“TDS”). The obligation to provide a prospective purchaser with a TDS is imposed on all owners of real property who enter [...]

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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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