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1 12, 2015

Bulk Sales Law for California Asset Sales

By | 2017-09-11T02:20:50+00:00 December 1st, 2015|Business Contracts, Business Law, Commercial Law, Contract law|Comments Off on Bulk Sales Law for California Asset Sales

Introduction While many states have repealed their bulk sales laws, California’s Bulk Sales Law remains in full force and effect. The primary stated purpose of this law is to protect buyers and creditors following the purchase of more than half of a business’s assets. If a buyer makes a bulk sale purchase but does not adhere [...]

15 11, 2015

Fraud Claims in Business Contract Disputes

By | 2017-09-11T23:25:52+00:00 November 15th, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on Fraud Claims in Business Contract Disputes

Few things are more important to a business, small or large, than its contracts.  Most businesses exist by virtue of “contracts”, agreements of mutually dependent promises and obligations, as in partnership agreements, articles of incorporation and shareholder agreements, limited liability operating agreements, and the like.  Businesses hire their employees by contract, written or oral.  Business [...]

9 11, 2015

Is a Testamentary Bypass Trust Right for Me?

By | 2017-09-11T23:26:04+00:00 November 9th, 2015|Asset Protection, Business Contracts, Estate Planning, Wills and Trusts|Comments Off on Is a Testamentary Bypass Trust Right for Me?

Introduction Whether you are a business owner reflecting on your succession planning needs, or an individual who has amassed significant assets from sources other than a business, if you are married, a testamentary bypass trust should be considered in your estate planning process. What is a Bypass Trust? A bypass trust is a type of irrevocable trust and is [...]

22 10, 2015

When May I Rescind a Contract in California? Part 3

By | 2017-09-11T23:27:05+00:00 October 22nd, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on When May I Rescind a Contract in California? Part 3

Introduction In this third part of Everything You Wanted to Know About Contracts, our San Diego based business litigation attorneys answer the question: "When May I Rescind a Contract in California?" Rescission of Contract In some instances, a party may rescind a contract he has entered into.  A contract that is rescinded no longer exists.  Consequently, when [...]

14 10, 2015

Remedies for Breach of Contract in California, Part 2

By | 2017-09-11T23:27:53+00:00 October 14th, 2015|Business Contracts, Business Law, Business Litigation, Contract law|Comments Off on Remedies for Breach of Contract in California, Part 2

Introduction Continuing our discussion on Everything You Wanted to Know About Contracts, this article sets out the remedies which your business litigation attorney may inform you are available in a lawsuit for breach of contract lawsuit in California. The non-breaching party may seek one or more types of remedies, from consequential and incidental damages, to specific performance, which [...]