Category: Business and Real Estate

  • Making the most of your sale or acquisition

    Selling your business? 7 moments when legal counsel protects your sale Selling a business involves far more than agreeing on a price. From negotiating your broker agreement to overseeing what happens after closing, a lawyer protects your leverage, your terms, and your payout at eight key points in the process, starting well before the purchase…

    Last updated on October 19, 2026

  • Sophisticated parties and the delayed discovery rule

    As many know, statutes of limitations are deadlines in which one can file a lawsuit. There are situations, however, in which these deadlines can may be extended, and/or even shortened. Generally, in both tort and contract cases, the statute of limitations begin to run upon the occurrence of the last element essential to the cause of…

    Last updated on August 25, 2026

  • What is PAGA?

    What is PAGA?

    PAGA, or the Private Attorneys General Act, was created in 2004 by the California Legislature to allow employees to file lawsuits on behalf of the state for Labor Code violations and then share in the proceeds. It also allowed for an award of attorneys’ fees to the employee’s lawyers.  While this gave agency to wronged…

    Last updated on September 18, 2025

  • Protecting a growing business from employee harassment claims

    As your company grows, you will need more workers to meet the demand for the services or goods you provide. Increasing demand will eventually mean that you need to hire more workers. Each of those new employees will increase the chances of conflict among your staff members. When you only have a few employees, you…

    Last updated on August 29, 2025

  • How do you deal with a copycat competitor? 

    There are very few markets that remain completely untapped. This means that whatever line of business you enter, it can be tricky to make it. It’s certainly possible though, with the right methods, technology and branding. These unique components of your business comprise part of your intellectual property. You have ownership rights to this and…

    Last updated on August 29, 2025

  • Protect your intellectual property with these simple methods

    An original idea, invention or trade secret can set your business apart, increase its value and give it a competitive edge. However, as your market competition grows, so does the risk of intellectual property (IP) theft.  Basically, intellectual property theft happens when your business’ crucial information, ideas, inventions, patents, trademarks and other intellectual property is…

    Last updated on August 29, 2025

  • Protecting your company against a claim of age discrimination

    After looking at your employees, you made the decision to let some of them go. You probably did not even think of this, but the age span of every worker laid off was a broad one. Some were in their thirties and one or two were in their fifties and sixties. You are reading a…

    Last updated on August 29, 2025

  • What should you include in a non-disclosure agreement (NDA)?

    Businesses use Non-Disclosure Agreements (NDAs) to protect confidential and important information from landing in the wrong hands. Basically, an NDA establishes how two parties (like employers and employees or business partners) will interact with the confidential information. However, for an NDA to be enforceable, it must contain certain elements. Besides naming the parties involved, here…

    Last updated on August 29, 2025

  • Why your logo is worth protecting

    There are very few markets that remain untapped. This doesn’t mean you cannot succeed in your chosen sector, but it does mean that you need to stand out from the crowd. One of the most simple, yet effective, ways to do this is through your logo. A logo may not sound like a big deal,…

    Last updated on August 29, 2025

  • Why do you need a partnership agreement?

    A partnership agreement is crucial if you’re starting a business with someone else. You need a contract that defines this new relationship and the company. However, this is a step that many people skip, simply deciding that they trust their new business partner and they don’t need to have it in writing. This is a…

    Last updated on August 29, 2025

  • Online shopping sales tax issue: Will SCOTUS take the case?

    Imagine politicians in one state purposefully drafting legislation to fail in its first assessment by a court. That is precisely what has happened in South Dakota, with the national publication Bloomberg noting that a statute enacted by legislators there “was specifically drafted so the state’s highest court could quickly reject it and send it up…

    Last updated on June 27, 2025

  • Non-solicitation agreements can protect your client list

    It could take years of networking and relationship-building to create a client list that never fails you. You have a roster of businesses or individuals that want the services or goods that your company has to provide, and these same clients have consistently patronized your business for years. It is only natural to want to…

    Last updated on June 27, 2025

  • Non-compete agreement: close court scrutiny, for sure

    The employer/worker relationship is both reciprocal and symbiotic: Each party has distinct and singular needs of its own, yet both need each other. And that give and take — that inherent tension, if you will — can sometimes make for an uneasy balance at the workplace. Such is especially the case sometimes regarding select workers.…

    Last updated on June 27, 2025

  • NDA disputes re California companies can get interesting

    One company is an established tech enterprise headquartered in Florida. The other is a just-coming-to-the-party California startup. The following is their connected story, which is borne of acrimony and marked by contractual complexity. The former company, Citrix, employs workers in Raleigh, North Carolina. So too does Egnyte, the latter entity. Several Citrix employees recently left…

    Last updated on June 27, 2025

  • Media’s future is now and it may drag other industries with it.

    On June 12, 2018, Judge Richard Leon ruled that AT&T’s purchase of Time Warner could proceed over the objection of the Department of Justice. The purchase makes AT&T the new proud owner of entertainment organizations like HBO and CNN. So your final season of Game of Thrones will now be brought to you by AT&T. The…

    Last updated on June 27, 2025

  • Mediation resolves large, growing government/bus operator dispute

    It was obviously important that the contractual dispute between a Southern California municipal transportation entity and a bus company providing riding services to approximately 800,000 customers each day get resolved, and in an optimal manner. Seemingly, it did, with the Ventura County Transportation Commission (VCTA) and Roadrunner Management Services recently coming to terms that resolve…

    Last updated on June 27, 2025

  • Macy’s on board with earnings report buoying retail sector

    “The reports of my death are greatly exaggerated.” That quote is attributed to famed American author Mark Twain, who supposedly uttered it following a false report of his death. It seemingly rings true now more than a century later concerning the country’s vast retail universe, which has been under siege from stiff competition offered by…

    Last updated on June 27, 2025

  • Looming litigation in the wake of a mammoth security breach

    “So far, the alleged injury is vague, very indefinite for most people,” says one legal analyst commenting in the wake of what has been described as one of the largest security hacks to have ever occurred in the United States. Equifax fervently hopes that things stay just the same. Because if they don’t, and increasingly…

    Last updated on June 27, 2025

  • LLC operating agreement: the engine that drives the car

    We noted in our immediately preceding blog post that business formation questions often spell front-and-center concerns for start-up enterprises, and for obvious reasons. After all, the differing business structures provided for under relevant federal and state laws each come with singular benefits and considerations. What is right for one entity might be altogether inappropriate in…

    Last updated on June 27, 2025

  • Ikea responds to unsafe product concerns in California, nationally

    Is Swedish furniture maker Ikea’s response to a defective product concern adequate or abysmal? Some commentators think that the company has acted ethically and diligently in a safety matter involving many millions of chests and dressers sold to consumers across the United States. Consumer Product Safety Commission Acting Chairman Ann Marie Buerkle is one supporter.…

    Last updated on June 27, 2025