Rather than being an advantageous or disadvantageous process, probate is a need. People who pass without creating clear instructions about the transfer of their assets give rise to the need for hiring a probate administration attorney. Given the complexities involved, it is always wise to trust an experienced attorney...
Continue reading…Category: Business Litigation
Common Types of Business Disputes
It may seem exciting to manage and maintain a successful business, but it is essential to understand that working with clients, employees, partners, etc., involves a lot of tact and knowledge. It is very difficult to run a business without running into legal disputes. Disagreements can happen and will happen...
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You Placed Your Business’ Interests in a Trust and Created a Fiduciary Conflict, Why Didn’t Anyone Tell Me!?!
This is another one of my favorite type of blog articles; where I get to point out the benefits of hiring an estate planning attorney who also actively practices business law and litigation. And lucky you, if you don’t need this expertise, I won’t charge you more.
Frequently, one...
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Talk About A Blue Monday! Fired Shareholder/Employee Loses Stock Sale Windfall, Court Agrees.
One of the benefits of hiring a business law attorney who is also a longstanding business litigator is that you get someone who remains updated on recent court developments. That can be crucial when you are drafting your legal documents. It is always of interest to me when in my studies I...
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Maintaining the Balance in Business Protections
It’s a balancing act. On the one hand, many business owners will tell you their trade secrets are their most valuable assets. Its an asset that is not just valuable, but often hard to calculate, because it is intangible property. Once shared, trade secrets are even harder to keep competitors from using...
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Prop 19: I Voted For What?
There are winners and loser in every piece of legislation. On this past election day, a slim majority of California voters passed Proposition 19. The winners: firefighters who will receive funds from the projected new tax revenue; and wildfire victims, severely disabled, and homeowners over 55 who wish to move within California....
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When Confidentiality Agreements Go Too Far
Confidentiality agreements and non-compete clauses: both are common terms in employment and business purchase agreements. The former enjoys broad acceptance. For example, both Hawaii (Haw. Rev. Stat. §§ 482B-1 et seq.) and California (Cal Civ Code § 3426 et seq.) recognize the Uniform Trade Secrets Act. The latter, non-compete clauses,...
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Does An Arbitration Clause Survive After the Agreement is Terminated?
If you are a frequent reader of these articles, or a follower of court rulings, you are aware of how often arbitration clauses are being litigated. This week’s article involves a recent trial court ruling in the Ninth Circuit deciding whether an arbitration clause would survive after one of the parties to...
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Fired Subcontractor Sues Owner for Intentional Interference
Businesses compete for business; that is expected. One of the principles of the free market is that healthy competition leads to better products and services at a better price to consumers. But not all competition is healthy. When a participant in the marketplace engages in improper conduct (e.g. deception, threats, improper influence),...
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Enforcing Changes to Company Policy Handbooks
Whether a claim is subject to arbitration is one of the most hotly contested
litigation topics. Employers often have an interest in protecting themselves from protracted litigation by seeking to streamline the process through arbitration.
Use of Employee Handbooks
Arbitration clauses are frequently found in written employment...