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February 2015 Archives

Before signing a shareholders' agreement, get a lawyer's help

Imagine for a moment that you are a shareholder in a closely held corporation here in California. In order to have a say-so in the circumstances under which you and the other shareholders may transfer your shares (or be required to sell your shares to the corporation or other existing shareholders), a shareholders' agreement needs to be in place. If you are like a lot of our California readers, you may have only a working knowledge of business law and may be only vaguely familiar with shareholders' agreements. Unfortunately, this leaves you at a disadvantage because if presented with a shareholders' agreement, you might not understand all the implications of what you are signing, which could lead to disputes down the road. 

Labor dispute resolved but per diem charges for containers linger on

With the recent announcement that the Pacific Maritime Association (PMA) and the International Longshore and Warehouse Union (ILWU) have reached a tentative agreement to the on-going labor dispute on the West Coast, the issue becomes how to clear the tremendous backlog of containers in the Ports of Long Beach and Los Angeles. Estimates are that the backlog will take 2-3 months to clear depending on how many shifts the ports run.

Being aware of changes to business law can help avoid litigation

Whether you're a privately owned business or a large corporation, chances are you have probably taken steps to make sure that you are in compliance with all facets of the law. You have probably taken these steps because you know how costly and damaging civil litigation can be for a company, which isn't something you want to encounter down the road if you can help it.

Discrimination case held up for 4 years allowed to continue

When news first broke four years ago on the suspension of a Fox News broadcaster for using the N-word during a staff meeting, there were immediately two opposing sides to the issue:

Staples, Office Depot merger: will it be considered a monopoly?

As we explained in a November 6, 2014 post, federal anti-trust laws prohibit a company from cornering the market and creating a monopoly in a given industry. With any proposed business merger or acquisition, this is something that the Federal Trade Commission must take into consideration. That's because federal laws see competition as necessary in any area of business. It forces companies to innovate in pricing, quality and product selection as a way to compete for customers.

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