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The Importance of Due Diligence in an Acquisition

Acquisitions are often risky and stressful for companies, especially small companies. There are a lot of steps involved and companies should never attempt to conduct an acquisition without consulting with an experienced Mergers and Acquisitions attorney in Los Angeles. What’s Involved in an Acquisition? In basic terms, an acquisition is when one company purchases all (or substantial amount) of another company’s stock in order to gain control or substantially all of the assets of another…
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Hiring a New Employee

For small companies, especially those that are new, hiring an employee is a big endeavor. There are many considerations that need to be taken, all of which can be overwhelming to business owners. Prior to hiring a new employee, it would be in the best business practice to consult an experienced employment lawyer in Los Angeles. Types of Employment The first step in hiring a new employee should be to properly identify the job role.…
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The Importance of Indemnification

Posted by Posted in Risk & Asset Protection
Managing risk should be a key focus for all businesses. One important strategy that companies can use to protect themselves is to implement effective indemnification provisions. Such provisions can be instrumental in easing the financial burden of a lawsuit against your company. Rather, you can obligate your business partners to pay for the legal costs. Before you enter into any business contracts, you should consult with an experienced startup attorney in Los Angeles to draft…
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All about Intellectual Property: What Do You Need to Protect Yourself

Whether you have been a small business owner for years or if you are working through the stages of starting up your company, it is important that you take the necessary steps to protect yourself and your businesses. All of the terms and conditions included in intellectual property law can become overwhelming and it can be difficult to ascertain which type of protection you need. It is important that you consult with an experienced startup…
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California’s New Test for Evaluating Independent Contractor Status

Earlier this year, in the Dynamex Operations West, Inc. v. Superior Court of Los Angeles decision, California’s Supreme Court unanimously announced a new test for determining a worker’s status as an independent contractor. This new test makes it more difficult for employers to establish that an independent contractor relationship is present. Previous to this decision, California courts had applied the Borello test for determining whether a worker was properly classified as an independent contractor. However,…
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Under What Circumstances Can a Business Owner be Held Personally Liable?

Posted by Posted in Risk & Asset Protection
Generally, a business owner cannot be held personally liable for the liabilities of his or her business if the business is a corporation or limited liability company. However, there are situations in which courts will hold an owner personally liable. The below list, while not complete, highlights the seven most common causes of personal liability. Bank Loans New business owners are typically required to provide to personal guarantee for bank loans. To the extent the…
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California’s Website Privacy Laws

Posted by Posted in Compliance & Securities
In the current age of technology and necessary online presence, most businesses need a website to survive. If your business does run a website, you must ask yourself this question: do you need a privacy policy?Unless your website is non-interactive, such as a blog, the answer will be “yes.” The California Online Privacy Protection Act applies to any person or company whose website or mobile application collects “personally identifiable information”from California consumers. It requires the…
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Your Business May Need a Buy/Sell Agreement

If your business has multiple owners, you need a sound buy/sell agreement in place. A buy/sell agreement is a contractual document between the owners or shareholders that creates rules for what will happen if and when one of the co-owners die, becomes disabled, needs to transfer his or her share, or decides to leave the company. A buy/sell agreement is a business planning tool designed to avoid negative outcomes if a misfortune happens. An experienced…
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The Difference Between Venture Capital and Private Equity

Posted by Posted in Compliance & Securities
Both private equity and venture capital are terms used to describe ways that investors acquire an interest in privately held companies as opposed to investing in public companies (like those listed on the New York Stock Exchange or Nasdaq). What follows below is a brief explanation of the difference between venture capital and private equity.No matter what type of investment you are seeking for your business or entrepreneurial endeavor, advance planning, research, and working with…
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