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Five Common Contract Clauses and Why They’re Important

Business Law

Five Common Contract Clauses and Why They’re Important

Contracts are a core part of running a company. From formalizing a partnership to hiring employees to selling your product, even down to hiring a plumber to fix your office bathroom, contracts determine the details of how your business does business. Because contracts are so integral to running a company, having experienced corporate counsel who you can reach out to for help with your basic contracts (and who can answer questions about new contracts when they arise) is incredibly important. Though the contracts you’ll run into over the years will be remarkably diverse, they all tend to include a few... READ MORE

A Look Back at 2018


By DeAnn Flores Chase December 03, 2018    Category: Business Law

A Look Back at 2018

2018 has been an incredibly eventful year! This year, there were a number of developments in a number of sectors, including important changes in employment law, data security and privacy regulations, and tax rules and regulation. In this newsletter, we’ll “look back” on these developments and highlight for you some of the key changes from 2018 that may affect your business. Employment Independent contractors: California presumes that all workers are employees unless a business is able to demonstrate that they meet every element of the ABC Test: The worker is free from the control and direction of the hirer in... READ MORE

Immigration Law 101: Things to Know When Building Your Workforce

Businesses are increasingly widening their hiring net to include individuals who are not U.S. citizens, including businesses in manufacturing, construction, tech, agriculture, and even the service industry. Employers looking to hire foreign nationals need to understand the basics of immigration law to make sure they handle the onboarding process appropriately. Businesses in California also need to be aware of new state laws that impact federal ICE inspections. Having an experienced business attorney on hand is also extremely important in dealing with immigration issues, as the laws here can get very complicated very quickly. Immigration Law Basics It’s easy for U.S.... READ MORE

Why (and How) You Should Craft a Buy-Sell Agreement

Whether you’re starting out with partners or considering adding new people to the ownership structure of your already-successful business, one document you want to make sure you have in place is a buy-sell agreement. An incredibly common source of lawsuits is partnership disputes, and these often arise when someone decides that they want to leave the business. Having a buy-sell agreement in place will ensure that you’re not blindsided when something like this happens. Why You Should Have a Buy-Sell Agreement in Place It’s a common enough story. Two friends know that they work really well together, and they decide... READ MORE

How to Avoid Common Hiring Pitfalls

As your business grows, you’ll bring in team members to help you manage everything from driving sales to keeping the books straight. Eventually, you’ll hire a human resources expert to help you manage your employees, but even before you grow to that point, you can still take steps to avoid stumbling into any common legal pitfalls in the hiring process. Application When searching for a new team member, you should start by creating a job description that makes it clear what you’re looking for and what it will take to be successful in the role. This is the time to... READ MORE

Oral vs. Written Contracts


By DeAnn Flores Chase October 19, 2018    Category: Business Law

Oral vs. Written Contracts

Contracts form the foundation of all business. A business uses contracts to form a relationship with its suppliers, contractors, customers, and employees, which act as an assurance that what it has asked for will be completed and that products purchased will arrive in time and perform as advertised. A contract is fundamentally an agreement between two or more parties that’s legally enforceable. However, a contract does not have to be written in order for it to be enforceable by law. Contract Basics In order to create a valid and enforceable contract, there must first be a mutually recognized offer, clear... READ MORE

How to Negotiate Contracts


By DeAnn Flores Chase October 12, 2018    Category: Business Law

How to Negotiate Contracts

As a small business owner, you’re probably going to see a lot of contracts. Contracts are vital to any business, since they’re used to buy and sell goods and services, hire people, protect secrets, establish partnerships, and much more. These contracts can protect you, protect your business, set your salary, and guide business relationships in a positive direction. Because a well-drafted contract can be so central to business success, before entering into an agreement, you should be sure to take the time to properly review and negotiate the details. Read the Contract: Before signing anything, take the time to actually... READ MORE

Selling a Franchise Location


By DeAnn Flores Chase October 05, 2018    Category: Business Law

Selling a Franchise Location

As your business grows and changes, you may reach a point where you want to sell all or part of your franchise locations. This could be due to retirement, health, family changes, or simply because you want to do something different. That’s when you’ll find that selling a business requires just as much planning and strategy as growing one, at least if you want to maximize the value. Buyers often make a purchasing decision based on how quickly a business will provide a return on investment, so it’s important to take the time to set your business up in a... READ MORE

Hiring a Consultant for Your Business

If you’re growing a successful business, you’ve probably learned along the way that you can’t do everything. To help you grow your business, you may decide to bring in a consultant to help you tackle a certain challenge or to help you set up a new aspect of your business. Consultants are a great resource for any business, whether you’re looking for management advice or marketing assistance. They’re great at providing highly skilled help, but they are also a source of liability, and there’s a few things you will want to keep in mind before you retain a consultant for... READ MORE

Licensing Intellectual Property


By DeAnn Flores Chase September 28, 2018    Category: Business Law

Licensing Intellectual Property

Licensing intellectual property allows businesses to capitalize on the name of other brands in exchange for royalty payments. The owner of the intellectual property is known as the licensor and the business or individual gaining a right to use the intellectual property is known as the licensee. There are many well-known brands and products that utilize licensing as part of their business strategy. For example, t-shirts, shoes, hats, etc. bearing the name of a sports team requires a licensing agreement that explicitly permits the manufacturer to produce these goods with the sports team’s intellectual property emblazoned upon it. Generally, the... READ MORE