California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
May 24, 2016 By Watkins Firm, A Professional Corporation
California has witnessed a significant rise in the number of employer retaliation cases in the past few years. The exposure to San Diego employers is significant and it is important to tighten employment contracts, policy and procedure and employee manuals, as well as internal processes for responding to and documenting employee complaints.
May 19, 2016 By Shustak Reynolds & Partners, PC
President Obama recently signed into law the Defend Trade Secrets Act (“DTSA”) of 2016, which gives holders of trade secrets a new and powerful option to bring trade secret lawsuits under federal law.
May 12, 2016 By Gehres Law Group, P.C.
Put simply, a promissory note is a written promise to pay a definite amount of money on specified date(s) or on demand. The primary purpose of a promissory note is to evidence a loan amount, interest rate, if any, and other terms on which a loan is to be repaid. Depending on the type of transaction involved, a promissory note may or may not accompany a security agreement, a deed of trust, or other contractual documents.
May 14, 2016 By Power Legal Group, PC
If you’re feeling squeezed by bills stacking up after an auto accident, you should know that it’s not just you. This happens to a lot of people after being injured in a car wreck.
May 11, 2016 By Gehres Law Group, P.C.
California law in regard to fraudulent inducement of employment, a situation in which an employer is alleged to have made false statements to a prospective employee for the purpose of inducing the candidate to accept the employer’s job offer. It also explores the remedies available to an employee against an employer where the employee suffers injury as a result of an employer’s alleged fraudulent inducement.
May 11, 2016 By Shustak Reynolds & Partners, PC
FINRA has recently filed proposed rule changes that provide much-needed clarification to how arbitration awards resulting in both sides paying money should be handled.
May 10, 2016 By Gehres Law Group, P.C.
It is no secret that nine out of ten start-ups fail—that’s a full 90% of businesses that do not become profitable or are derailed for one reason or another. So what can you, as a prospective business owner, do to ensure you are one of the success stories?
May 1, 2016 By Watkins Firm, A Professional Corporation
Bringing a Business Lawsuit Before a San Diego Court Can Take a Year or More. How are business disputes managed in San Diego? What are the legal and practical realities that guide these cases? What should you look for in a business dispute resolution attorney? The first fact to consider is this: the vast majority of business disputes are settled prior to going to trial.
May 3, 2016 By Watkins Firm, A Professional Corporation
Cooking the books and other illegal strategies to gain economic advantage. Accounting fraud is the practice of purposefully or intentionally misrepresenting the financial accounting records of an LLC, corporation or business in California in order to mislead others. Accounting fraud is usually committed in an attempt to make a business or investment look more profitable than what it actually is in order to attract investors.
May 2, 2016 By Watkins Firm, A Professional Corporation
California Law protects trade secrets, while restricting deceptive advertising and price manipulation. California is home to some of the strictest unfair competition laws in the United States. Governed by Section 17200 of the Business and Professions Law, and in conjunction with other state and federal laws, California works to eliminate unfair competition, and establish a fair and even playing field for business competition.
April 28, 2016 By Watkins Firm, A Professional Corporation
Litigation Between Co-Owners or Members in an LLC or Partnership Resolving business partnership disputes quickly and efficiently can quite literally make or break a business. When co-owners, partners or members in an LLC are involved in a dispute or litigation the entire company can be at risk. Energy that should be devoted to critical business analysis and decision making is distracted by disagreement that can quickly devolve into an open feud.
April 25, 2016 By Gehres Law Group, P.C.
A Trademark is a Living Asset. If you have a registered trademark with the United States Patent and Trademark Office (“USPTO”), you have taken a very important step in protecting your businesses’ brand. However, what happens after you receive that registration? Do you own your trademark forever? Not exactly. Once you have obtained a federal trademark registration, you must take certain steps to maintain the registration or you risk having it canceled by the USPTO.
April 22, 2016 By The Sehat Law Firm, PLC
The LAPD is issuing more and more tasers to it's officers as a way to help subdue a suspect. But what happens when tasers do not do the job?
April 11, 2016 By Bona Law PC
The legality of resale price maintenance agreements under US antitrust law.
April 6, 2016 By Bona Law PC
The elements that a party must prove to prevail on a Lanham Act Claim for False Advertising.
April 5, 2016 By Bona Law PC
Resale-price-maintenance agreements (or vertical price-fixing) are still illegal under the law of certain states. This article discusses alternatives to resale-price maintenance agreements that are less likely to violate the antitrust laws.
March 31, 2016 By Shustak Reynolds & Partners, PC
FINRA, the Financial Industry Regulatory Authority, filed a complaint against VFG Securities, Inc., a small broker-dealer that allegedly generated almost 95% of its annual revenue from selling non-publicly traded REITs and other illiquid investments to its clients.
March 31, 2016 By Shustak Reynolds & Partners, PC
The Securities and Exchange Commission approved last week a new rule proposed by FINRA, the Financial Industry Regulatory Authority, which requires brokers departing one broker dealer for another, to send “educational information” to clients about their move to another firm and the financial compensation and incentives they will receive from the new firm for making the move.
March 29, 2016 By Pinkham & Associates, APLC
These questions are commonly asked during a divorce mediation.
March 29, 2016 By Shustak Reynolds & Partners, PC
Calling all financial advisors – time to grab your compasses and brush up on your map-reading skills. As if the path to confirmation of the Department of Labor (DOL) fiduciary rule were not controversy-ridden enough, according to Investment News, SEC Chairwoman Mary Jo White announced this week the SEC may propose its own rule that “may not mesh perfectly” with the DOL’s.
March 27, 2016 By Gehres Law Group, P.C.
Have you ever noticed that when a person or business name becomes popular or well-known, there’s often an unrelated third party prepared to park or register website domains in the name of that person or business? In many such cases, the third party’s objective involves making an easy profit by holding the domains “hostage” until the rightful owner of the name or mark is willing to pay a premium for the domains. This is called cybersquatting and it is illegal.
March 22, 2016 By The Law Offices of R. Sebastian Gibson
In March 2016, the arrival of self-driving cars, robotics and artificial intelligence systems took a major step forward with automatic breaking systems becoming standard on most cars by 2022. Liability for self-driving cars and insurance may be greatly affected by an NHTSA pronouncement in February 2016, and the end of the line for most personal injury attorneys in California and across the country is clearly in sight to the misfortune of accident victims in California and throughout the U.S.
Most of us have never hired someone to do construction work of any sort, so when the need arises to hire a contractor to make repairs or improvements on our residential or commercial property, we don’t know where to start. Beware: these are dangerous waters!
Most California business owners know that a provision in an employment contract which purports to prevent a former employee from competing with the employer’s business is unenforceable in California. Under California law, there is a strong and clear policy favoring the free and unfettered rights of workers to find work where they can, using all their skills and experience to command the best wages they can find.
Most company’s trademarks are extremely valuable assets and represent a significant percentage of the company’s worth. Brand recognition creates customer goodwill and promotes customer satisfaction, which leads to increased sales. Because of this, it is critical to maintain protection of these intangible assets.
March 18, 2016 By Gehres Law Group, P.C.
So, what are the benefits of using a letter of intent when purchasing a business? This article explores that question and provides practical tips for both buyers and sellers in the context of a private sale.
March 16, 2016 By Shustak Reynolds & Partners, PC
It is every registered person’s nightmare. You receive a letter from a FINRA office notifying you that you are the subject of a FINRA investigation.
March 7, 2016 By Blake Wilson Law Group
Real estate investors are prevalent in the California real estate market, and they have driven the values for the past few years. What, then, should California real estate investors look out for when purchasing real property as an investment?
March 3, 2016 By Evanns Collection Law Firm
Once you have won a case against a debtor, you are left with a judgment enforcement scenario- where you will need to somehow collect the judgment that you have hard-won in litigation. When the court orders a monetary award, the debtor must pay the amount of the judgment. However “must pay the judgment” is a matter of opinion - because failure of the debtor to do so will only result in the debtors assets being levied, wages being garnished, etc.
You know the story. As Medicare spins out of control, many doctors turn to concierge medicine. Concierge medical practices offer primary care, on a fixed monthly or annual fee, to a limited number of patients (e.g. 300 to 800 patients). In this article, I discuss two legal issues for a concierge practice –Medicare, and the basic terms of the patient contract.
The U.S. Justice Department announced last week that Morgan Stanley will pay a $2.6 billion penalty to resolve claims...
As with so many legal issues, a determination as to when it is legally permissible to “dock” an employee’s pay for rest periods requires knowledge of the law and an analysis of the particular circumstances. This article highlights circumstances in which docking employee pay for rest periods in California is appropriate, as well as instances when it is unlawful.
The heart of the bailment relationship which results when a logistics customer transfers property to a warehouse for storage is the warehouse receipt. It is much more than a receipt. It is a document of title and provides essential terms. An attorney retained to provide advice relating to damages or foreclosure of a warehouse lien needs to be experienced with the UCC and also with third party logistics contracts which are often incorporated into the warehouse receipt.
Third party logistics (TPL and 3PL) contracts are some of the most complicated agreements an attorney can draft. For the manufacturer entering into an agreement with a third party logistics provider, or a new entity providing logistics services, well-drafted and negotiated third party logistics contracts are essential to protect profits and exclude liability for damages or unforeseen additional costs.
Accidents, especially automobile collisions, happen when people least expect them. Victims often wind up short on cash, precisely when they need it to pay for medical costs and vehicle repair bills.
The new law took effect January 1, 2016 and affects any employer with offices in the State of California. Generally speaking, the California Fair Pay Act makes an employer more accountable for equal pay for employees of differing gender who are performing essentially the same work, regardless of location, title or job description.
A recent Supreme Court decision has changed the way the IRS and California tax agencies and the Division of Labor Standards, or Labor Commissioner view the classification of independent contractors. California believes miisclassification of employees as independent contractors has cost California more than $7 billion in payroll tax revenue.
Many clients contact business litigation attorneys when it is too late to avoid a dispute. When that happens, the costs and stress of litigation can mount. Here are some relatively simple and cost-effective measures to help you avoid an ownership dispute down the road.
The California Labor Code and the Orders promulgated by the Industrial Wage Commission impose various wage and hour requirements on employers for the benefit of their employees. As pointed out by our employment law attorneys, below, employers are well-advised to follow legal requirements in order to avoid potentially devastating penalties which may be assessed against them.
Protecting your rights while cooperating with police can feel like walking a tightrope—one wrong move and you plunge to your doom. You should remember that even well intentioned police are nervous during traffic stops. You want to cooperate and defuse a potential conflict while not incriminating yourself or giving the police information that you do not have to share.
By Hackard Law
What does residue mean as a legal definition, and how is it important in a California probate lawsuit?
Introduction: When People You Have a Right to Trust Cheat You Ours is a world of contractual relationships, written and oral. We hire people to help us, and we hire people to act on our behalf. We enter into business associations, like becoming partners and shareholders of partnerships and corporations.
A worker is performing a duty near the ceiling within the path of travel of an automatic door. Without warning, the door begins to move and the top edge of the door collides with the worker or what he is standing on, causing the worker to fall to the ground. This article addresses many case scenarios and responsibility.
Foreclosure is a scary, cumbersome process that often renders homeowners desperate for help, and all too often they call upon unqualified, or unethical, self-proclaimed foreclosure defense attorneys or advocates.
The short answer to this question is “sometimes” regarding California state law on the subject of exempt versus non-exempt status of employees. However, before making decisions concerning the status of an employee, and whether to pay an employee a salary, or instead by the hour, an employer should consult with an employment law attorney who handles wage and hour issues.
There is a misconception among the young and single that there is no need for them to have an estate plan - that at this point in their young lives an estate plan serves no useful purpose.
Few things are more important to a business, small or large, than its contracts. Business law, to a large extent, IS contract law. But in business litigation, when parties are often fighting over failed contracts, contract law has a handmaiden, and her name is “Fraud”. Experienced business litigation lawyers know that, when suing for compensation for breach of contract, the addition of fraud claims can make their client’s case much stronger. The following fact scenario will help illustrate:
There are many nuances in the FLSA on which many employers are not well versed, violations of which can lead to very significant penalties. This articles speaks specifically to the FLSA: Bonuses and Calculating Overtime Pay to help employers avoid such penalties.
“Per Stirpes” literally means “by roots or stocks; by representation” and is used interchangeably with “right of representation” by estate planning attorneys when referring to a particular method for distributing assets of a decedent. Another common method for distributing assets is referred to as “per capita”. Using ther method, each member of the same generation of a decedent will receive an equal share of the decedent’s estate.
Many of our estate planning clients have heard about a Financial Power of Attorney but are not clear as to why they should have one or how they might benefit from having this legal document. At the outset, it is important to consider, “Who takes care of my financial interests if I become incapacitated and unable to handle my own financial affairs?”