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San Jose Business Lawyers Blog

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5 Pros of Choosing an LLC in California for Your Start-Up

A limited liability company (LLC) is an option for people wishing to start a business in California that combines the tax advantages and flexibility of partnerships with the liability protection that comes with a corporation. Starting an LLC in California still requires rigorous oversight. Make sure you are working with…

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What Is the Difference Between an LLC and an S-Corp?

Entrepreneurs of all kinds face a daunting choice when trying to determine whether to establish their businesses as limited liability companies (LLCs) or S Corporations (S-corps). While an LLC will be a separate business structure, an S Corporation is actually a tax status, so forming an LLC involves filing paperwork…

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Top 7 Ways to Avoid Post-Closing Merger Litigation

Not all corporate mergers and acquisitions are amicable arrangements; most notably, the hostile takeover. There are various types of mergers and acquisitions in California. Even merger discussions that begin amicably may result in a perceivably unfair closing agreement, triggering expensive post-closing litigation. Oral promises may never translate into a written…

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Misclassification of Employees and Independent Contractors After AB-5

Classifying workers as employees or independent contractors has many different legal implications. In recent years, massive litigation efforts from big companies like Uber have highlighted confusion in this area of the law. This confusion led to the passage of AB-5, which was signed into law in September 2019. The law…

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Piercing the Corporate Veil in California

A corporation is a legal entity that grants its shareholders and directors certain legal protections. While these members are generally protected from the debts of a business, it is not always the case. A plaintiff can “pierce the corporate veil” in certain situations, meaning that the court will hold the…

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Can Liability Insurance Protect Employers from COVID Lawsuits?

Business owners have been confronted with a host of costly legal issues as a result of the COVID-19 pandemic. For those with employees, the risk of COVID lawsuits has been a serious concern from the earliest days of the pandemic. Most employers assume that any COVID lawsuits will be covered…

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How Do COVID Eviction Moratoria Affect Commercial Landlords?

For over two years, landlords throughout California have shouldered the financial burdens of eviction moratoria. Federal, state and local laws have limited the circumstances, manner, and time in which a landlord could remove a tenant delinquent on rent or other obligations under the lease. While some would argue these measures…

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Delaware Supreme Court Decision Applies a More Lenient Business Judgment Rule Review to Approvals Of Interested Transactions

Corporations are subject to many fiduciary rules that govern their operations. Most business persons are familiar with the prohibition on interested transactions and placing one’s own financial interests ahead of the company’s. Yet the application of this rule varies widely from state to state. The Delaware Supreme Court has recently…

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NFT Scams Are Everywhere. Here’s How You Can Avoid Them

Non-fungible tokens (NFTs) are quickly becoming one of the most popular digital assets online. An NFT is typically a unique piece of digital artwork that belongs exclusively to a single owner, with a blockchain-based digital ledger being used to record ownership. The NFT market surpassed $40 billion in 2021 and…

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Content Creation, Social Media Influencers and Legal Issues for the Businesses That Hire Them

California business owners know that social media marketing is the way to reach today’s consumers. Many businesses have sought to and built successful relationships with social media influencers for effective content creation. However, there are legal issues that can arise in such business relationships. The Los Angeles business lawyers at…

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