Contact us

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 [...]

Comments Off on Purchasing a Business with Seller Financing

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 [...]

Comments Off on When Must an LLC Membership Interest be Registered as a Security in California?

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 [...]

Comments Off on CALIFORNIA’S REAL ESTATE TRANSFER DISCLOSURE STATEMENT

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 [...]

Comments Off on California Successor Liability

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 [...]

Comments Off on Maximizing Your Business Profits by Licensing Your Intellectual Property

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 [...]

Comments Off on Anti-SLAPP Motions in Connection with Employment Law Claims

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 [...]

Comments Off on BUSINESS LITIGATION: Swinging a Bigger Stick

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 [...]

Comments Off on A Trustee’s Responsibilities Administering a California Living Trust

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 [...]

Comments Off on LETTER OF INTENT: IS IT ENFORCEABLE?

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 [...]

Comments Off on COPYRIGHT REGISTRATION – A PREREQUISITE FOR INFRINGEMENT LITIGATION