Business transactions or investments often require the formation of an entity. Individuals are tempted to use on-line legal services to obtain the formation at a low price. Are there any benefits to these individuals if they consider meeting with a local business lawyer before forming the entity on-line? The answer is yes. The benefit is […]

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Title insurers often discover defects in transactions after escrow has closed. When this occurs, they regularly request that parties to a real estate transaction execute “corrective” trust deeds or grant deeds. However, parties should consult with counsel before doing so, as the title insurer may have a bigger problem on its hands than it is causing the owner […]

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In California, an entity that has been suspended is disqualified from exercising any right, power or privilege as an entity during the time of the suspension. Therefore, the suspended entity lacks the legal ability to enter into a binding and enforceable contract with a third party. However, the contracts entered into during a time of suspension […]

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Warning to the real estate industry: a widespread fraud is currently underway that could cost you and your client tens, or even hundreds, of thousands of dollars. The Scam The scam is simple: the scammer obtains access to information concerning a pending real estate transaction, using this information to impersonate a party to the transaction to […]

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The most prudent approach for an employer is to minimize the risk of loss of trade secrets by taking all reasonable measures available to protect the trade secrets.

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Many written contracts include a short paragraph usually entitled “Entire Agreement” or “Integration Clause” that has legal ramifications that the parties should understand.

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Many small companies adopt the corporate form in order to shield their owners/shareholders/officers/employees from personal liability. It’s a well known risk management strategy for some individuals to avoid personal liability in certain situations.  For example, if the company performs unsatisfactory work, the wronged party may lack redress except when “extraordinary circumstances” allow that party to […]

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SB 1186, California’s new law targeting disability access lawsuits, provides minimal assistance to business owners.  Although hailed by its sponsors, Senators Dutton and Steinberg, as a reform for what business owners describe as Americans with Disabilities Act (ADA shakedown lawsuits, the law is far more limited than many believe.  A summary of the major provisions of the law are provided […]

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Assembly Bill No. 2103 amends Labor Code section 515

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Workers compensation preemption prohibits third parties that allegedly injure an employee from seeking redress against an employer by way of a cross-complaint for indemnity.

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In July of 2009, the City of Lancaster resorted to a unique plan in an effort to prevent the Mongols Nation Motorcycle Club, Inc., a California Corporation (“the Mongols”), from holding its annual convention in the City of Lancaster. In an effort to prevent the Mongols from staying in Lancaster that weekend, the mayor and […]

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Corporations often opt to handle e-discovery internally. However, Inside Counsel, reports that this may expose corporations to risks they may not have considered. The article quotes at length from a recent decision in National Day Laborer Organizing Network et al. v. U.S. Immigration and Customs Enforcement Agency, et al., a United States District Court case arising […]

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