San Jose Business Lawyers Blog

Landlords and tenants may come head-to-head in property disputes when an occupant breaks the rules of an their lease agreement. Knowing how to navigate a potential breach of lease is important for landlords when dealing with tenant issues.

Tearing contract

What is Breach of Lease?

A real estate lease is a contract that outlines the landlord and tenant’s responsibilities regarding the occupancy of the property. Tenants are obligated to follow the rules of a lease agreement or the landlord has just cause to terminate the lease and evict them. A breach of lease is when activities occur that violate the terms of the lease agreement. Here are 3 tips for landlords experiencing issues with tenants. Continue Reading

Large companies frequently have corporate employee handbooks that are updated on an annual basis to reflect changes in employment laws or company policies. However, many small business owners with few employees may not see the need in having such a handbook that formally sets out employment policies and rules. While it is true that simply speaking to employees about your policies may be easier and more time-efficient than developing an official handbook, there are several reasons why it is worth taking the time and energy to do so.

employee handbook

Assistance in developing your policies

Many new business owners have not taken the time to sit down and formulate official policies when it comes to employees. Owners may be tempted to “wing it” when it comes to worker management and develop rules along the way. This can be risky, however, and can lead to disputes if there are not rules set in stone. Developing a handbook will make it necessary for you to sit down and decide what types of policies you want for your employees. This can ensure that your policies are applied fairly and evenly from the start to all workers. Continue Reading

Many business owners rely on ideas, formulas, inventions, and other types of intellectual property (IP) in order to make a profit. In fact, IP can be one of the most valuable assets of a company. Your specific product, brand, and other identifiers are often the components that define you and set your business apart from others. Therefore, protecting your IP is extremely important to the success of your venture. In order to prevent others from misappropriating your valued intellectual property, you always want to obtain formal legal protections.

trade secret

There are many options for protecting your IP, and choosing the right one may be confusing for business owners who are not familiar with the relevant laws. Many business owners receive denials for their applications for patents, trademarks, and copyrights and do not know what their options are from there. Fortunately, an experienced business attorney can help you achieve trade secret status for your IP, which may actually be more beneficial than other protections in several ways. Continue Reading

If your company is the target of a merger or acquisition, you are undoubtedly facing a process called due diligence. Due diligence is essentially a thorough investigation into the state of the target company so that the buyer can be aware of all potential liabilities and other issues prior to the completion of the transaction. Due diligence is necessary for several reasons, including that your company is accurately valuated, that there are no major impediments to closing the deal, and to ensure all relevant documentation is properly drafted.duediligence

If you have never been involved in the due diligence process as part of a major business transaction before, you may be easily overwhelmed by the complicated and time-consuming process. However, acting appropriately during this process can help to ensure the deal is as beneficial for your company as possible. Due diligence is crucial to corporate transactions, but if handled correctly, the process can be done efficiently. Here are some steps to take. Continue Reading

Commercial real estate transactions can be lucrative investments, but there may also be high risk due to the amount of money at stake. The following are 4 examples of legal issues that sometimes arise during the sale or purchase of commercial property.

realestate transactions

  1. Accurate Property Valuation

When you are shopping for a product, it is often easy to compare the price and quality to a similar product. However, pieces of real estate are often unique with no exact comparison based on size, age, use, and/or state of the building or land, making accurate valuation significantly more challenging. In addition, any current income stream or potential future income associated with commercial property should also be a factor in determining a fair and reasonable price. Utilizing an experienced commercial appraiser can assist both buyers and sellers with determination of value. Continue Reading

Employment in California is generally “at-will,” which means that either the employer or employee may terminate the employment relationship at any time without good cause. However, under certain circumstances termination may be considered unlawful, and an employer can be exposed to possible liability for wrongful termination. It is important to know when termination may be wrongful under the law so that possible legal claims by former employees can be avoided.


If you have an employment contract

If you and your employee entered into an employment contract that provides job security for a specific duration, California law requires you to show good cause for terminating the employee in breach of the contract. At times, in the absence of a written contract, an employee may try to claim that an employment contract was implied based on promises or other statements made by an employer. In order to avoid any claims of an implied contract, be sure to include clear language regarding “at-will” employment in your handbooks, policies, and all communications with potential employees and employees. Continue Reading

An NNN Lease, commonly referred to as Triple Net, is a commonly used commercial lease structure that requires the tenant to pay, in addition to its monthly rent, all costs associated with the operation of the building. Here is an overview of Triple Net, or an NNN Lease, and key concepts to be familiar with.

Real estate sale

What Is Triple Net?

Any number of costs can fall under a net lease, but Triple Net generally refers to the payment of property taxes, maintenance costs and insurance premiums, in addition to the base monthly rent. A Triple Net lease differs from a gross lease in that a gross lease is for a flat monthly amount, inclusive of all operational costs. Continue Reading

Partnerships exist when two or more people agree to engage in business for profit. Partnerships can be formed to engage in a number of different ventures, and generally have low start-up costs and do not require many formalities. There a several types of partnerships, each with their own benefits and drawbacks. Two of the most popular are detailed below.


General Partnerships

In a general partnership, each partner equally owns the business and has full authority to act as an agent of the business, meaning that he or she may make business decisions on behalf of the partnership. There are no formal filing requirements to form a general partnership in the state of California. On the contrary, general partnerships can be formed through an oral or written agreement or simply by the conduct of the parties, if a court determines that an implied partnerships. Importantly, each partner is personally liable for all business debts associated with the partnership. Continue Reading

Meal and rest breaks are mandated by the state and allow employees to re-energize and reset during their workday. Surprisingly, providing a lunch break is not a federal requirement, however allowing employees to take breaks can reduce safety-related incidents in many industries. Failing to give an employee adequate breaks can result in steep fines from the state.

Discussing of Work at Lunch

California Law: Meal and Rest Breaks

Employees in California are legally owed meal and rest breaks depending on the amount of time worked. Here are the standard requirements for meal and rest breaks under California law. Continue Reading

If you suspect you may be sued due to an incident at your company, or if you’ve been served with a lawsuit, it’s important to act swiftly to protect yourself and by extension any evidence that may be relevant to your lawsuit.

Gathering and saving documentation is an important first step in protecting yourself. In court, there can be severe penalties if you fail to save all evidence that is relevant to your case, documentary or otherwise. Here are 4 things to consider in advance of a lawsuit to help ensure you aren’t accused of withholding information.

Man opening file cabinet

4 Considerations if You Suspect You May Be Sued

  1. Hire Counsel

Hiring an attorney will help protect you and your business. An experienced attorney knows the ins and outs of the legal system and can advise you on how best to prepare if a lawsuit is coming. An attorney may also be able to help you avoid the lawsuit in the first place. Continue Reading