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March 2015 Archives

Things to know before you file for bankruptcy

Before filing for bankruptcy, business owners should explore every available out-of-court option for dealing with the debt. Going to bankruptcy court can be costly, and it is important to get comprehensive legal advice before taking that step.

When liquidating your business assets is the best option

When you make the decision to close your business, it may not be feasible to sell, merge with another company or transfer ownership. In these situations, the best option may be to liquidate all company assets. Before choosing this option, it is vital to have a well thought out plan in place to help ensure an efficient and cost-effective process.

Judge says shareholder lawsuit against Zynga can move forward

Accurate business valuation, detailed shareholder agreements and ensuring that fiduciary duties are met can go a long way in protecting a business from shareholder disputes. In many cases, when a dispute does arise, the matter can be resolved outside of court, perhaps through mediation or arbitration. In other cases, conflicts rise to the level of litigation, and to reach a cost-efficient solution, both sides of the dispute will need experienced legal counsel.

Experienced legal counsel can help you avoid liabilities in the health care industry

Few industries are as heavily regulated as the health care industry, and doctors, hospitals, practice groups, management companies, and other health care entities have to address potential liabilities on a daily basis. To avoid legal disputes, it is important that health care professionals have legal counsel with experience in health care law.

Deal reached between secured lenders and indebted software developer

If your business is having debt troubles and facing possible insolvency, then it is important to be aware of every debt relief option. While filing for bankruptcy is appropriate in many cases, debts can also be settled without going to court.

Viacom settles minimum-wage lawsuit; interns to receive up to $7.2 million

Employment-related lawsuits in the United States have been on the rise in recent years, with disputes ranging from whistleblower claims to wage and hour disputes. As we discussed in a recent post, "Pros and cons of the 1099 economy," misclassification of employees is often the basis of legal claims that, in some cases, have resulted in companies changing their business models.

Pros and cons of the '1099 economy'

If you've been keeping up with business news, then you're probably aware of the rise of on-demand companies that provide anything from in-home massages to grocery delivery. Some people have called the phenomenon the "1099 economy" because most of these services are provided by independent contractors -- not company employees -- and a company fills out a 1099 MISC form when it hires a contractor.

When a skilled litigation department comes in handy

Most business owners, when they realize they have a dispute with another company, don't immediately say to themselves, "We need to take this to court; we need to litigate." For one thing, litigation can be a costly and time-consuming distraction from running a business. In many cases, with the right proactive legal planning, business owners can avoid the expense of going to court.

How to file articles of incorporation in California

If you're starting a corporation or a limited liability company in California, a key step in the process is filing your articles of incorporation. Your corporation's existence is legally established when you file the articles with the California Secretary of State, which charges a fee for the filing. Currently the fee for a general stock corporation is $100, and the fee for an LLC is $70.

California food manufacturer sued for allegedly infringing on Barefoot Contessa brand

Why does a company have trademarks and branding? To build consumer confidence and prevent the company's products from being confused with other companies' products. These are the basic purposes of trademarks and servicemarks, the registration of which we discussed in a recent post.

Creditor committee calls for investigation of timing of RadioShack bankruptcy

When there are multiple creditors in Chapter 11 bankruptcy, each creditor has its own interests to protect. However, banding together as a committee is often advantageous to unsecured creditors and helps them maximize the amount they recover.

What are the rules for paid vacation time in California?

California law does not require that employees be given paid or unpaid vacation time, though many employers choose to offer these benefits in order to attract and retain employees and remain competitive in the labor market. While providing vacation time is not mandatory, if an employer chooses to offer paid vacation, then state employment law requires the employer to abide by certain rules regarding how the employee is paid for time off.

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