If you know someone who already has a living trust, they may be in danger of losing their home! Anyone who has transferred real property to their revocable trust must consider the dangers of their title insurance policy becoming invalid after such a transfer, and should explore their options. What is title insurance? When you purchase real property, most often you also purchase a title insurance Read More
S-Corporations Vs. C-Corporations
What is the best legal structure for your business? While there is an assortment of different structures (corporation, limited liability company, partnership, etc.), it is first important to understand the difference between an S-corporation (“S-corp”) and C-corporation (“C-corp”). An S-corp is a corporation that elects to be taxed under Subchapter S of the Internal Revenue Code. The profits (and losses) of an Read More
The Defend Trade Secrets Act Of 2016: Federal Jurisdiction For Trade Secret Litigation
The federal Defend Trade Secrets Act of 2016 (“DTSA”) was enacted on May 11, 2016, after it was unanimously passed by the Senate and ratified by the House in a 410-2 vote. The federal Defend Trade Secrets Act of 2016 (“DTSA”) was enacted on May 11, 2016, after it was unanimously passed by the Senate and ratified by the House in a 410-2 vote. The DTSA is not retroactive, rather it is effective for all Read More
California Transfer On Death (TOD) Deeds
Effective on January 1, 2016, California Assembly Bill 139 enacted California Probate Code § 5600, et. seq., which permits an individual to transfer real property upon death using a revocable transfer on death (TOD) deed. Effective on January 1, 2016, California Assembly Bill 139 enacted California Probate Code § 5600, et. seq., which permits an individual to transfer real property upon death using a revocable Read More
Securities Issues For Startups: California Limited Offer Exemption Notice
There are many dangers in forming a company without advising an attorney, such as failing to file a securities registration exemption with the California Department of Business Oversight (DBO) and federal Securities and Exchange Commission (SEC). There are many dangers in forming a company without advising an attorney, such as failing to file a securities registration exemption with the California Department of Read More
Selling Your Business To A Financial Buyer Vs. a Strategic Buyer
Whether you want to sell your business next year or a decade from now, you will have two basic options for an external sale: the financial or the strategic buyer. Whether you want to sell your business next year or a decade from now, you will have two basic options for an external sale: the financial or the strategic buyer. The Financial Buyer The financial buyer is buying the rights to your future profit Read More
Handwritten Amendments To Estate Planning Documents: Last Minute Changes
Many individuals may believe they cannot amend their estate planning documents without involving an attorney. While this is not entirely true, it is extremely discouraged because any such amendments can be very ambiguous and incomplete, and subject your estate to litigation. However, you may not have the opportunity to contact an attorney to amend your documents if your medical condition is grave. Many individuals Read More
Are Unsigned Contracts Enforceable In California?
As an owner or employee of a business, you may frequently negotiate business deals with customers, vendors, and other third parties. After negotiations, parties may fail to actually sign written contracts, relying on each other’s word. As an owner or employee of a business, you may frequently negotiate business deals with customers, vendors, and other third parties. After negotiations, parties may fail to actually Read More
Market Pulse Quarterly Report Shows 2015 Ended With Strong Sales Of Businesses And Optimism Is Growing For 2016
The quarterly Market Pulse Survey published by the International Business Brokers Association (IBBA), M&A Source and the Pepperdine Private Capital Market Project showed that business sales remained strong in 2015 especially in the Main Street market. The quarterly Market Pulse Survey published by the International Business Brokers Association (IBBA), M&A Source and the Pepperdine Private Capital Read More
2016 California Employment Law Updates
This year the California Legislature added numerous new employment laws, most of which become effective on January 1, 2016. Some of these laws impose new regulations on employers, while others provide positive benefits such as safe harbors and incentives to employers who reclassify independent contractors as employees. This newsletter highlights a few of the new provisions taking effect on January 1, 2016, that will Read More
