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Arbitration Clause

Should You Have an Arbitration Clause in Your Agreement?

Posted by Posted in Contracts & Agreements
Many types of contracts have an arbitration clause, but should you include one in yours? Arbitration is a type of dispute resolution that happens outside of the courtroom when two parties come to a crossroad over a contract dispute. The ruling of an arbitrator can have the same weight as the ruling of a judge. Arbitration can be either voluntary or mandatory, which comes with advantages and disadvantages. Hence, it is of utmost importance that…
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The New Regulation A+

Posted by Posted in Compliance & Securities
The JOBS (Jumpstart Our Business Startups) Act was passed in 2012 with the intention of making it easier for investors to fund small businesses. This legislation was largely seen as a victory for the small business community as well as for investors alike. The JOBS Act removed many SEC regulations regarding who could and could not invest in startups, in addition to when a business was required to go public. Before the passage of the…
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Privacy-Law

Changes in Privacy Laws Regarding Online Business and Apps

Posted by Posted in Compliance & Securities
As the world becomes more digital, and more information is posted to websites and available to the general public, it has become necessary for state and federal government agencies to create laws governing internet privacy. Sometimes, the laws change so quickly it is impossible for even the most conscientious company to stay current on which regulations have been enacted. That is why it is imperative to have an attorney who is well versed in your…
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Business startup lawyer

What Investors are Looking For in Startup Companies

Posted by Posted in Startup & Emerging Companies
If you are interested in creating your own startup business, it is highly likely that you will need investors to finance your new company. Unless you are fortunate enough (and bold enough) to be able to fund your venture alone, tracking down and securing investment capital for your startup will take as much of your time, if not more, than actually forming and operating your business. Knowing what investors are looking for when they compare…
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Letter-of-Intent-LO

Why You Need an Attorney to Negotiate Your Letter of Intent

Posted by Posted in Contracts & Agreements
Tough negotiations are part and parcel when it comes to buying or selling a business. All involved parties will do whatever they can to protect their interests in the deal, and all parties are responsible for taking the necessary steps to protect themselves throughout the purchase and sale process. If you are entering negotiations to buy or sell a business and approaching the phase in which you need draft the terms for an actual letter…
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Employment Law

Understanding Changes in Employment Laws

When it comes to managing a business successfully, there is more to worry about than just customers and pricing. Business owners must also carefully align their organizations with state and federal laws. California especially has a long list of employment laws that, while designed to protect employees, often cause frustration or confusion among business owners. Complying with all California employment laws is critical in protecting your business and keeping yourself out of the courtroom. 2015…
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Corporate & Securities Law in California

Changes in Corporate & Securities Law in California

Posted by Posted in Compliance & Securities
Preparing for a major day in court requires a deep understanding of all current laws and statutes. In California, where laws can shift not only through the legislature but through voter-created propositions, it is extremely difficult to stay on top of current guidelines. For example, were you aware that changes have been made to California’s anti-securities fraud statute several times since it was established? The original California Securities Law passed in 1968, establishing guidelines for…
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Business Corporate Law

2014 Changes to Delaware Corporate Law

Earlier this year, several significant amendments to the Delaware General Corporation Law (the DGCL) were approved. These amendments went into effect on August 1, 2014, as described below. In addition to certain clarifying or procedural general amendments, the main substantive amendments are: Short Form Mergers – Section 251(h) Section 251(h) of the DGCL was enacted in August 2013 to simplify and accelerate the two-step merger process.  Section 251(h) currently provides that, if certain requirements are…
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California Law for Labours

California Businesses Responsible for Compensation Claims by Temporary Workers

A new law exposes California businesses to potential liability for claims by temporary workers. On September 28, 2014, Governor Brown signed into law AB 1897, which created California Labor Code § 2810.3. The new law requires companies who use workers provided by staffing agencies to “share with a labor contractor all civil legal responsibility and civil liability” for (1) the payment of wages and (2) the provision of workers’ compensation insurance. The effect of this new…
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