Tort litigation, unlike criminal litigation, involves civil wrongs committed against a party or entity–such as a corporation. A plaintiff must demonstrate in court that the defendant is liable for plaintiff’s damages to be successful in a tort case. Mass tort litigation involves very much the same concepts except the number…
In September 2013, California’s legislature enacted a new “Do Not Track” law–Assembly Bill 370 (“AB-370”)–that requires websites to disclose their practice of tracking consumers’ personal identification information. The new law may be the first step towards universal anti-tracking standards, which will provide greater protection over the Internet for online users…
The decision of where to register a legal entity–such as a corporation, partnership, or LLC–affects the management and operation of such a business. For example, different states have different tax standards for registered entities, different operational requirements, and ultimately, the law effects businesses differently based on where they are registered.…
A business’s trade secrets are an essential component of its foundation, growth, and development. A trade secret is any sort of confidential and proprietary information that a company seeks to protect from unauthorized access. For example, a trade secret, includes a formula, pattern, compilation, program, device, method, technique, or process…
In recent times, alternative dispute resolution (“ADR”) is emerging as a favorable option for legal disputes due to rising litigation costs and the strain of growing caseloads for California state and federal courts. While state courts adopted ADR as an option to legal resolution earlier, federal courts are adopting various…
As part of California’s laws against unfair competition, the state provides a remedy to businesses that are victims of trade libel. Trade libel constitutes published false communications regarding the quality of services of products that a business provides, resulting in financial loss to this business. Are you a victim of…
In April 2012, President Obama and the United States Congress signed the JOBS Act into law. The Jumpstart Our Business Startups (“JOBS”) Act goes a long way towards accelerating and promoting crowdfunding. Crowdfunding is the practice of raising capital for a project or business by seeking small amounts of money…
As of January 1, 2012, under California Corporations Code §§ 2500-3503, traditional business corporations may organize as “Flexible Purpose Corporations.” Whereas previously, corporate directors were bound to manage corporations strictly for economic gain, this new organizational model grants directors the freedom to manage the corporation for social and environmental benefits.…
In general, small businesses are often a labor of love for their owners. They require a massive commitment of time and energy to build, nurture, and grow, but along the way, small businesses can get caught in a wide variety of legal quagmires. Understanding these risks, and knowing how to…
California entrepreneurs should carefully consider the structure of their new business. There are many ways to organize a business, and their suitability depends on factors like the nature of the business, the number of owners and investors, and even the personalities of the principals. We will examine four business structures…