Applying for a patent can be complex and time-consuming. People who aren’t familiar with the process can run into hurdles that lead to delays and higher costs. If you’re thinking about applying for a patent, here are a few important questions to consider. Keep in mind, this is a high-level…
What happens to an LLC member’s membership interest in the LLC if the member files bankruptcy? How does the member’s (the debtor) bankruptcy filing impact the LLC and its other members? Does the bankruptcy trustee (or the debtor in possession in a chapter 11) step into the debtor’s shoes contrary…
Going to court is expensive and can take your focus away from running your business for a significant period of time. In order to avoid the added cost and stress of litigation whenever possible, include these steps in your business practices. Have effective and enforceable contracts Every business relationship should…
When a shareholder of a corporation believes that he or she has been wronged, the shareholder generally has two options to file a lawsuit. The shareholder may either bring a direct action or a derivative action, depending on the facts of the case. In many instances, it is only appropriate…
What is an Agency Relationship? “Agency” is a term that defines a legal relationship between two parties: the principal and the agent. An agency relationship is established once the agent has the legal authority to act as the legal representative on behalf of the principal, which may be an entity…
The United States Department of Labor recently announced a new rule on white collar overtime exemption regulations. This new rule will affect an estimated 4.2 million white collar workers who will no longer be exempt from Fair Standards Labor Act guidelines and must be paid for overtime work. The new…
Owners of businesses with at least one employee should stay fully apprised of all federal and California state laws that relate to the treatment of employees. For example, there are various state and federal laws related to wage and hour matters, discrimination, and insurance and taxes. Laws can change and…
The State of California protects consumers of retail goods by limiting warranty disclaimers on products sold in the state. California’s warranty protection extends to manufacturers, distributors, and retailers alike. The warranties apply to both the sale and lease of consumer goods. The seller can disclaim the warranties by following very…
Corporate officers, partners in a partnership, and members of a limited liability company owe a fiduciary duty to the principal, i.e., the business entity, to act in the best interest of the organization. Failure to act in the principal’s best interest or actively competing against the principal to which a…
California’s Worker Adjustment and Retraining Notification Act, “WARN” for short, obligates employers of 75 or more employees to follow certain procedures when downsizing the workforce. The WARN Act does not apply to a few layoffs. Rather, the WARN Act applies to what is known as a “mass layoff,” in which…