California Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in California

What Are My Options When My Car Is a Lemon?

  November 10, 2017     By Neale & Fhima, LLP
Before you can exercise any of your rights under California's lemon laws, you must first make sure that your vehicle actually qualifies as a...
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Federal and State Agency Hearing Defense for San Diego Employers

  November 6, 2017     By Watkins Firm, A Professional Corporation
Employers in San Diego and across California face an ever-increasing landscape of employee based claims and litigation. Federal cases with the...

Lemon Laws in California

  November 1, 2017     By Neale & Fhima, LLP
What exactly is a lemon and what protections does the state of California provide consumers? Fortunately for consumers, the Song-Beverly Act is...

Consider Recalls When Buying a Used Car

  October 27, 2017     By Neale & Fhima, LLP
While consumer groups are fighting to ban the sale of vehicles with open safety recalls, buyers need to take a few steps to protect themselves...

Bird Nesting Divorce Plan: Is It a Good Idea?

  October 25, 2017     By Milligan, Beswick, Levine & Knox, LLP
Bird nesting is a term derived from the actions of divorced parents who co-parent from a single home living with their children, instead of...

Telemedicine Contracts in California

  October 20, 2017     By Matt Dickstein, Business Attorney
What is telemedicine? Telemedicine = physicians + technology. Telemedicine has two parts: physicians who provide medical care remotely, plus...

OVDP Willful or Streamlined Non-Willful: IRS Offshore Disclosure Basics

  October 18, 2017     By Golding & Golding, Attorneys at Law
In determining whether you should enter the traditional Offshore Voluntary Disclosure Program (OVDP) or the newly implemented IRS Streamlined...

FBAR vs. 8938: Reporting Foreign Accounts & Foreign Financial Assets

  October 17, 2017     By Golding & Golding, Attorneys at Law
Ever since the Internal Revenue Service made foreign account and asset reporting a key enforcement priority, two of the most common issues a...

IRS Tax Amnesty Programs: Offshore Income vs. Domestic (U.S.) Income

  October 10, 2017     By Golding & Golding, Attorneys at Law
The IRS Tax Amnesty Programs are designed to help individuals and others safely get into tax compliance without the fear of excessively high...

Seller's Duty to Disclose Known Defects to Home Buyers

  October 6, 2017     By Rydstrom Law
You’ve hired the best real estate broker, so you thought, now your home is sold. You go on and soon forget about the old and bring in the new....

Notices to Patients When a Physician Leaves a Group Practice

  October 5, 2017     By Matt Dickstein, Business Attorney
When a physician leaves a group practice, the physician has a duty and a right to notify his or her patients. BUT, the practice has a right to...

Who's the Actual "Party" to this Contract?

  September 25, 2017     By NM Law, APC
Legally, the term “party” means an individual or entity that agrees to be bound contractually to one or more other individuals or entities. All...

Is an Anticompetitive Contract Clause an Ancillary Restraint that Will Survive Antitrust Scrutiny?

  September 25, 2017     By Bona Law PC
Setting prices or allocating markets with your competitor is a terrible idea. Doing so is likely to lead to civil litigation and perhaps even...

The Requirements of an HSR Antitrust Filing for a Merger or Acquisition in the United States

  September 25, 2017     By Bona Law PC
In the United States, mergers and acquisitions involving companies of a certain size must be reviewed by one of the competition authorities—the...

Action Items for the Estate When a Solo Physician or Dentist Dies

  September 22, 2017     By Matt Dickstein, Business Attorney
When a solo physician or dentist dies, the doctor’s estate must figure out what to do with the practice. Because the doctor practiced solo,...

Hacking and Duping: Legal Risks in Do-It-Yourself Crafting and Alterations

  September 20, 2017     By JGPC Business & Corporate Law
Someone recently asked about the legal implications of altering something yourself, such as piece of furniture, of selling the altered furniture...

Foreign LLCs Doing Business in California

  September 18, 2017     By Fassonaki Law Firm, LLP
Foreign LLCs should qualify and register with the California Secretary of State before conducting business in California. Failure to do so may...

Three Deal-Breakers in Franchise Agreements

  September 12, 2017     By JGPC Business & Corporate Law
A franchise may be the perfect way for budding entrepreneurs with little capital and/or little experience in operating a business to get started...

What Entrepreneurs Need to Know about California Commercial Law

  September 11, 2017     By JGPC Business & Corporate Law
For the new California entrepreneur, one consistent piece of advice you are likely to hear is to retain the services of an experienced...

Tips for Avoiding FBAR Penalties

  September 11, 2017     By Golding & Golding, Attorneys at Law
When it comes to reporting and disclosing foreign accounts assets, income, life insurance policies, pension funds, retirement funds and more,...

Offshore Voluntary Disclosure Program (OVDP) - Understanding the Basics

  September 7, 2017     By Golding & Golding, Attorneys at Law
The IRS Offshore Voluntary Disclosure Program (OVDP) is a U.S. Government program designed to bring non-compliant individuals, businesses, and...

Texting and Driving: Illegal and Dangerous

  September 5, 2017     By Law Offices of Edward A. Smith
As a personal injury lawyer, I’ve seen many accidents caused by distracted driving, and one of the most common causes is texting. While having...

Understanding Deleted Files and What They Mean

  September 5, 2017     By Trace Digital Forensics, LLC
Attorneys who need to read and understand reports by computer forensics professionals and/or who need to present recovered files as evidence...

Real Estate Financing for California Real Estate Investors

  September 4, 2017     By Bona Law PC
The financial commitments required in real estate investing can vary in size and scope, from purchasing a handful of shares in a real estate...

Bid-Rigging Is a Per Se Violation of the Antitrust Laws

  September 4, 2017     By Bona Law PC
Bid rigging violates the U.S. antitrust laws.

Personal Liability for LLC Owners

  September 4, 2017     By Fassonaki Law Firm, LLP
Limited liability companies (or LLCs) offer protections against personal liability, similar to corporations, and provide advantageous...

Are You Ready to Exit Your Business? But Is Your Business Ready?

  September 1, 2017     By NM Law, APC
Let’s say that a buyer came to you and offered you plenty of cash for your business that would give you total financial security…would you sell?

Saving Private Practice: Preserving Income after Departure

  August 28, 2017     By NM Law, APC
A professional practice (dental, medical, legal, etc.) is unlike any other type of business in that it is not freely transferable and it cannot...

11 Interview Questions You Must Ask Your Attorney

  August 28, 2017     By Kuzyk Law, LLP
At some point in their lives, people may need to consult with legal counsel to handle an important legal matter. Attorneys are in place to help...

Consumer Financial Protection Bureau (“CFPB”) Continues to Focus on Informed Decisions

  August 24, 2017     By Fassonaki Law Firm, LLP
This month the Consumer Financial Protection Bureau (“CFPB”) prevailed on a motion to dismiss brought by Navient, which was founded, at least...

When Your California LLC Ceases to Exist

  August 24, 2017     By Fassonaki Law Firm, LLP
There are many legal ramifications that stem from a non- active California LLC. It is important to understand what the different status types of...

Challenges to Effective Business Succession Planning

A business exit strategy, or a succession plan, requires a strong organized plan for the unexpected. That includes preparing for contingencies...

The Constitutionality of the Consumer Financial Protection Bureau (CFPB) - Reinforced by Historical Precedent

The Consumer Financial Protection Bureau (“CFPB”) was created by the Dodd-Frank Wall Street Reform and Consumer Protection Act [12 U.S.C. §...

Death Benefit Claim Under California Workers Compensation Law

When an accident happens at work that results in the death of the employee or an injury arising out of and in the course of employment causes...

Liability for Dog Bites in California

With over 4.5 million dog bites a year and 800,000 medical visits annually in the United States, the potential for liability is particularly...

Can My Employee Say That?

With the recent “Google memo” fiasco in the news, many employers are questioning whether Google was permitted to fire one of its engineers over...

The "Detailed Description" of an Invention

As a basic requirement, the Detailed Description provides an enabling disclosure of the invention sufficiently adequate for an ordinary person...

What California Real Estate Investors Should Know about Commercial Leases

Real estate investment can take many forms and offers many ways to obtain a return on one’s investment.

The JOBS Act and What it Means for Your Startup

The Securities and Exchange Commission has been issuing new regulations to define the details of what the JOBS Act really means. Some new rules...

Organizing a Real Estate Syndicate and Securities in California

Real estate syndication allows you to put your private savings into real estate investments when other financing isn’t available for them. The...

4 Crowdfunding Models Your Startup Can Use to Raise Capital

Have you been thinking about using a crowdfunding model to launch your startup? Then you may want to understand the 4 basic types of...

When Is the Filed Rate Doctrine a Defense to an Antitrust Lawsuit?

The doctrine of federal antitrust law includes several immunities and exemptions—entire areas that are off limits to certain antitrust actions....

Antitrust Laws Do Not Allow Real Estate Agents to Jointly Fix or Set Prices or Commissions

If you have sold or purchased a home recently, you might be under the impression that real estate commissions—the price to engage a real estate...

Equity Crowdfunding for Startps

Equity crowdfunding has only recently become available to startups in the United States.

Finding an Honest Attorney for Startups

Finding an experienced, honest start-up attorney really shouldn’t be so difficult. If you know the right places to look and the questions to ask...

What Does a Commercial Lawyer Do?

New entrepreneurs and small business owners may view commercial lawyers with some amount of suspicion and may hesitate to employ the services of...

Patent Attorneys Protect Your Company’s Investments

When you acquire a new headquarters for your business or a valuable, tangible asset to help your company grow, you naturally (and wisely) take...

Get Financing but Don’t Lose Control of Your Company

How you choose to finance your new business venture can have a dramatic impact on the type of entity you use for the venture, the structure of...

Basics of Estate Planning

At some point in everyone's adult life, thought needs to be given to your estate plan.

How Much Can I Gift Before Gift Tax?

Not to be confused with Estate Tax, Gift Tax is a tax on the transfer of any assets such as cash or property or other to another person without...



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