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

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

As the popularity of house-flipping shows on TV demonstrates, investing in real estate can be an attractive wealth-building option with a high potential for success.  However, there is also a high risk associated with any real estate venture, both in playing the market correctly and in understanding the financial and legal issues involved in running a real estate investment business. Before taking the plunge and buying a property to flip or rent, it’s important to take a few steps to protect both yourself and your investment. Forming a Real Estate Investment Business While you certainly don’t need to set up... READ MORE

Workers’ compensation insurance is designed to provide wage replacement and medical benefits to employees of a company who are injured while on the job. These benefits are provided to employees in exchange for removing their right to sue their employer for the injury (with some exceptions, such as injury caused by intentional misconduct of the employer). In California, all businesses with at least one employee must provide workers’ compensation insurance to their employees, and this benefit must not be subsidized by the employees. Executive officers and directors of corporations must be included in a company’s workers’ compensation coverage, unless the... READ MORE

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

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

With the prevalence of cell phones, work is increasingly being conducted by and through text messages; for many people, this may even be their preferred form of communication! Texts can be used when setting up coffee or lunch meetings, hashing out details of a plan, checking in with your independent contractors to see if they’re available to help with a project quickly, arranging for a digital influencer on social media to promote your business and products, and to confirm the details of a potential sale! This all begs the question of whether a text message can create a legally binding... READ MORE

A common pitfall for employers in California is not adhering to the state’s strict requirements to provide employees with appropriate meal and rest breaks. Non-exempt workers (as a general rule, this is anyone who would be entitled to overtime pay) are entitled to a 30-minute meal break on workdays that are longer than five hours and an additional 10-minute break for every (approximately) four hours worked. In other words, in a “standard” eight-hour day, employers should be providing their non-exempt workforce with at least two 10-minute paid rest breaks and one 30-minute unpaid meal break. Rest Breaks Though “one rest... READ MORE

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

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