Shulman Hodges & Bastian LLP

November 2014 Archives

CA contractors say on-demand cleaning startup misclassified them

Whether a worker should be classified as an employee or an independent contractor often depends on how much control the alleged employer has over the worker's behavior. While specific employment agreements and contracts differ, an employer generally has the right to exact more control over an employee's behavior than over an independent contractor's behavior.

Wells Fargo to settle brokers' class action over bonuses

Employment contracts for high-level employees typically have to address a wide variety of issues, including base salary, stock options, bonuses, benefit plans and non-compete provisions. It is in the best interests of the employee and the employer to ensure that the employment agreement is carefully drafted and can stand up to scrutiny. Otherwise, both parties may find themselves in costly litigation.

Is 'Just Mayo' mayo? No, says Unilever's false advertising suit

Part of protecting your business brand is ensuring that your products and services are accurately perceived by consumers. Sometimes, however, it may be possible for a competitor to skew the public's perception of your brand through false advertising, which is good cause for a lawsuit.

Non-Disclosure Agreements and their practical limitations

Limits of Reliance on Non-Disclosure Agreements

Businesses will, from time to time, desire to disclose confidential information. This typically arises when an acquisition or disposition is being contemplated, although it can also arise as part of other types of contractual arrangements such as the manufacturing arrangements requiring the disclosure of proprietary information.

Protecting against liabilities in commercial real estate transactions

Buyers of commercial real estate are not protected by the same consumer protection laws as buyers of residential real estate. Purchase and Sale Agreements can be drafted to include a variety of Seller representations and warranties; however many commercial real estate properties are sold on an "As Is" "Where Is" basis without, or with very limited representations or warranties. The Buyer is on his/ or her own to conduct necessary and appropriate due diligence.

When is it a good idea to merge with another company?

Businesses merge for a variety of reasons. The basic idea behind merging is synergy -- that the combined performance and value of the companies will exceed the value of each company's individual parts.

Jury rejects patent infringement claims against Apple

"Non-practicing entity" and "licensing entity" are the terms a federal judge in San Jose allowed Apple Inc. to use in reference to its adversary in a recent patent-infringement trial. The list of terms Apple was prohibited from using is longer:

LA sound effects company to sell assets in Chapter 11 auction

If you're considering business bankruptcy, then you have a variety of options, and the path you choose will depend on the specifics of your business. If personal liability is an issue, then Chapter 7 bankruptcy may be the appropriate route. With Chapter 7, an automatic stay is placed on creditor actions, including foreclosure, repossession and garnishment.

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