If you own a business in California, get ready to comply with a newly enacted set of regulations governing the privacy rights of consumers to certain types of data. The legislation, known as the California Consumer Privacy Act (CCPA), is a major piece of privacy legislation that could have more repercussions on U.S. companies and businesses than the landmark General Data Protection Regulation (GDPR) that went into effect in the European Union. Impact of the…
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Successful “gig economy” companies like Uber, Lyft, Instacart, and Postmates, have relied on workers who are legally classified as independent contractors. This means they are not employees and, as a result, are not eligible for an array of benefits (e.g., sick leave, vacation time, and health insurance) that is usually accompanied with a full-time, salaried employee position. These gig economy companies have grown exponentially and have enjoyed the reduced administrative burden and fixed costs associated…
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Contracts are essential in the business world. Enforceable contractual agreements will hold companies or individuals legally accountable for promises to perform certain actions or payment obligations. At the same time, mistakes can be made in preparing and executing contractual agreements. This can result in the contract, or portions thereof, being held unenforceable, or it could lead to your business being required to do something against your intentions. Invalid Contract A contract can be deemed unenforceable…
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Many business owners choose to incorporate their business to avoid personal liability for the debts and liabilities of the business. When done properly, the business is a separate and distinct entity from its owners. However, if the owners are not careful with certain corporate formalities and fail to adequately capitalize the company, a third party may be able to “pierce the corporate veil,” which would shatter the protection of the corporate structure. To the extent…
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One of the most important assets of a startup business may be its intellectual property. This term legally encompasses creations of the mind, including inventions, artistic work, literary pieces, names, symbols, designs, and images that are used in business In other words, your intellectual property can be the very fabric of your business. It can be strictly protected, or it can be sold and licensed to generate an income stream. Hence, your intellectual property needs…
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Many people going into business become so consumed with finetuning their service or product that they overlook the importance of protection afforded to them and their business interests through incorporation. If you want to avoid a host of potentially damaging issues – including false claims of ownership by others and creditors coming after you personally to satisfy debts of the business – the sooner you incorporate, the better. In this issue, Afshin Hakim, a highly…
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In March 2019, music publishing giant EMI filed a breach of contract suit against hip-hop megastar Kanye West. The suit was a response to a claim made by West in a California courtroom that the contract amounted to “servitude” since it violated California’slaw that limits personal services to “no more than seven years.” Unfortunately for West, the details of the contract specify that everything related to their professional agreement be governed exclusively by New York…
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Today, there are more than 30 million small businesses in the United States, according to the U.S. Small Business Administration. While the first few years of a business’s life are usually the most difficult, having the fundamentals in place before launching your new endeavor is key to staying in businesses for years to come. In this issue, Afshin Hakim, a leading business attorney in Los Angeles, will discuss why leveraging the knowledge and expertise of…
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An effective employee handbook will act as a manual for what your employees can expect and what your company expects from them. If your handbook does not have clear policies, you could run into big problems.An employee-related lawsuit against your company can cause serious financial issues, additional problems in the workplace, and potential damage to your company’s reputation.Plaintiff’s attorneys will look for loopholes when attempting to justify an employee’s behavior outside of your expectations. Therefore,…
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