Litigation is a reality in the life of a business owner. Most business owners will, at some point, have to engage in litigation in order to protect their legal rights. Litigation can result in a monetary judgment that is enforceable by court order. A judgment is the first step to…
Articles Posted in Business Litigation
Requests for Admissions and Cost of Proof Sanctions
Sadly, it is not uncommon for litigants to abuse the discovery system in a civil lawsuit. Sometimes it is an attempt to make an opponent’s legal fees too high to continue litigation. Other times, a party might be trying to drag out a lawsuit and force the opponent to settle…
Breach of Contract and Punitive Damages
A breached contract can result in significant business losses. The amount of the contract may not reflect lost business, missed opportunities, and other financial losses that can seriously hurt your bottom line. Unfortunately, these losses are not adequately reflected by the value of the breached contract. In some cases, the…
Alter Ego Liability in California
In general, shareholders are protected from liability for the debts of the corporation. This is because the corporation is viewed as a separate legal entity with its own assets and liabilities. This “corporate veil” of protection can, however, be pierced in certain situations, and personal liability imposed on the shareholders.…
California Voters Approve California Privacy Rights Act: What You Need to Know
In November 2020, California voters approved what is arguably the most comprehensive privacy rights law in the nation. The California Privacy Rights Act does not take effect until January 1, 2023. But its requirements are far-reaching, and California business owners have a lot of work to do to prepare their…
The Impact of COVID-19 on Settlement Negotiations and Litigation
The coronavirus pandemic has caused drastic changes in almost every facet of life in California. For instance, federal, state, and local courts are all facing a major backlog. Many courts were shut down entirely for months, open to only the most urgent cases (such as restraining orders). Now courts have…
Should You Draft Your Own Business Contracts?
Drafting contracts that properly protect your legal interests requires training, a unique skillset, and years of experience as a business attorney. Contracts that are not drafted by experienced counsel often fail to provide adequate protections to the parties involved. For example, contracts prepared by business people that are not attorneys…
Legal Recourse for Trade Secrets and Confidentiality Violations by Employees
As your Silicon Valley startup grows, it’s hard to know whom to trust. You’ve likely gone from a close-knit group of founders invested in the confidentiality of your trade secrets to hiring at-will employees who are less concerned with secrecy. Both federal and state laws reflect the value placed on…
How Will Your Blockchain Company Protect Personal Information and Comply with the European Union’s GDPR?
The future is here, and it’s blockchain technology. Originally developed as a means of trading cryptocurrency, such as Bitcoin, blockchain technology is a digital system that allows digital information to be shared without being copied or altered. It does this by acting as a transaction ledger for digital dealings, registering…
Shareholder Litigation and Disputes Over Ownership Structure
California stock corporations are owned by their shareholders who then elect directors. Directors, in turn, elect officers who handle a corporation’s day-to-day management. Accordingly, shareholders hold influential positions in a corporation through their voting power. California requires corporations issuing more than one class of shares to designate the classes and/or…