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Posts tagged "Business Litigation"

Ninth Circuit Upholds California Tax Appeals Process as 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 first thing to do when defending a lawsuit

There's a reason why companies send demand letters whenever they feel like their legal rights are being violated: no one likes being in a lawsuit. Besides the natural animosity that comes with bringing suit against an entity, the costs of litigation can be annoying at the lightest and devastating at the greatest.

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.

What should be included in a litigation preparedness plan

Besides a dip in revenue and the specter of business slowdowns, business owners are most likely concerned about lawsuits against their companies. After all, the costs of defending a lawsuit are likely just as expensive as being liable for civil judgments. Additionally, the additional time spent in defending lawsuits makes it difficult (especially for small businesses) to maintain their enterprises in the midst of a contested lawsuit.

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