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Articles Posted in Loan Workouts and Enforcement

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“As Is” Contracts and the Mutual Mistake Defense

Contractual disputes can be a costly problem for California business owners. When disagreements arise over each party’s rights and responsibilities under the written agreement, a skilled California business litigation attorney can help negotiate the dispute in order to avoid costly litigation. What is an “As Is” Contract? An “as is”…

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Liens: What are They and Why are They Important?

Businesses are subject to many types of liens, such as civil judgments, tax liens, and mechanic’s liens.  These liens, and many others, can impair your company’s ability to turn a profit.  Protect your business assets by being proactive and contacting a San Jose corporate attorney. What is a Lien? A…

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Should A Promissory Note Be Backed By A Personal Guarantee?

For many businesses, promissory notes are a significant asset in the company’s financial portfolio. Securing such a promissory note with a personal guarantee can be an important step in protecting the company’s financial interests. Unfortunately, many business owners learn the hard way that a simple promissory note template is not…

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Negotiating A Severance Package

Changing employment can be a stressful, life-changing event. Severance benefits can, however, ease the transition period. With sound advice from a skilled employment law attorney, California employees and employers can both negotiate severance packages which suit their needs. While it may seem like a severance package is simply a final…

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Recovering Punitive Damages In Breach of Contract Cases

A breach of contract can be a costly expense which causes an array of legal damages to a business. In some cases, this damage can be mitigated by negotiating a settlement with the breaching party in advance. In other situations, the contract must be resolved in litigation. And in the…

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Enforceability of Oral Contracts

Contracts are utilized in every type of business and every business owner should know that written contracts should be carefully drafted, reviewed, and negotiated before signing. However, not every business deal is memorialized in writing and many agreements are based on verbal interactions and a handshake. Just as with written…

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Thinking of Partnering to Launch a Business? Draft a Partnership Agreement.

While many well-known businesses are either corporations or limited liability companies, partnerships remain a common and savvy business entity selection. In fact, some of the biggest names in tech—Apple, Microsoft, and Google—started out as partnerships. What is a Partnership? Partnerships exist whenever there is a cooperative endeavor of two or…

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How Retaining an Attorney Can Help Avoid Costly Business Litigation

Many business owners do not hire an experienced attorney for several reasons. Some believe they cannot afford it and others may believe there is no need for a lawyer unless a legal conflict arises. However, it is much more resource-effective (time, energy, and money) to have the guidance of a…

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What is “Mezzanine Financing” and Should your Startup Pursue It?

Too many startups fail to successfully get off the ground because of decisions that result in inadequate financing. As a founder of a startup, you can have a completely viable idea and still fail due to financing mistakes. For this reason, it is important to understand the different types of…

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Payment Bonds and Government Contracts

Contractors, subcontractors, and suppliers have many tools at their disposal to protect their rights under construction contracts. While the mechanic’s lien is one of the most common ways a contractor or supplier can ensure full payment for their services, this type of legal tool can only be used for private…

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