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Posts tagged "Business Litigation"

Ninth Circuit Upholds California Tax Appeals Process as a Providing a Plain, Speedy, and Efficient Remedy

In Hyatt v. Yee, the plaintiff disputed the California Franchise Tax Board's ("FTB's") determination that he owed $7.4 million in unpaid taxes for the 1991 and 1992 tax years on the ground that he moved to Nevada in 1991. Under California law, a plaintiff contesting an assessment may not litigate in state court until exhausting administrative remedies set out in Cal. Rev. & Tax Code § 19381. Generally, a plaintiff must first pay the disputed tax before seeking a refund. Cal. Rev. & Tax Code § 19382. Under this "pay-then-protest" scheme, if the FTB does not mail a notice of action on the claim within six months, the plaintiff may sue in state court. Cal. Rev. & Tax Code § 19385. However, if a plaintiff is contesting an assessment solely based on residency, he may instead opt to "protest-then-pay" a tax by seeking reconsideration in front of the FTB, appealing to the State Board of Equalization ("SBE"), and then suing in state court. See Cal. Rev. & Tax Code §§ 19044 & 19381.

California Corporations - Virtual Shareholder Meetings

A "Virtual Shareholder Meeting" is one in which the shareholders not physically present in person or by proxy participate in a meeting through electronic transmission or electronic video screen. California permits all or partial Virtual Shareholder Meetings, subject to numerous limitations and requirements.

The Academy goes to court to protect its brand

In today’s marketplace, establishing and maintaining a brand is almost as important as the product or service itself. Consumers know that BMW is the ultimate driving machine for a reason. Same thing with the familiar jingles that identify and distinguish Farmers Insurance from State Farm Insurance.

Chobani under fire for allegedly misleading consumers

Who would have thought that the advertising landscape for yogurt producers would get so heated? Indeed, competition in this industry can be fierce, with many producers touting their brand's attributes and how they fit into healthy diets. However, federal advertising rules put limits on what a producer may say about its products, as well as others in the same industry.

Hacking lawsuit between rival ride sharing companies intensifies

In 2015, stories about corporate data breaches where customers’ personal information were lost or stolen dominated headlines. As we turn to 2016, it appears that data hacks may continue despite business’ best efforts.

Should you have an initial meeting before mediation?

If your business is embroiled in a legal dispute, you have likely been counseled on the process of mediation. With this being a form of alternative dispute resolution, the mediator (at the beginning of the session) will likely have a joint conference before breaking into individual caucuses where the mediator goes back and forth between rooms.

Goals that a successful merger should meet

As we have noted in prior posts, the trend of a strong market for mergers and acquisitions is expected to continue in 2016. The latest increase in interest rates will likely have an adverse effect on transactions in the short term. With that, companies that look to strengthen their market positions through acquisitions must still scrutinize deals so that they make sense both in the short term and the long term.

How will retailers deal with future credit card fraud?

With the start of October, the standard in the use of credit cards will be those with an EMV chip imbedded in the card. Credit and debit cards will still have a magnetic strip with them, but they will be used differently. Instead of swiping the cards, they will place the card in a reader that will identify the chip and approve the transaction after the customer enters a pin.

Michael Jordan awarded $8.9 million in steak ad lawsuit

In a number of our posts, we have highlighted the importance of a company’s brand; or more importantly, how they must control how their brand (or brand name) is perceived in the marketplace. This is part of the reason why Subway recently suspended its relationship with its longtime pitchman Jared Fogle when federal agents raided his house last month; before he pled guilty to federal child pornography and teen sex charges.

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