Severability Clauses Need to be Tightened Up to Protect Your Business

Is your company using severability clauses in standard contracts? These provisions are often considered boilerplate language to ensure that your contracts are protected should one or more provisions be found to be unenforceable by the courts. In most cases, courts forced to review a contract will view the contract only as solid as its weakest point. If the court determines that a single material provision within Read More

Recent Federal and California Laws Significantly Hinder Tax Benefits of Intentionally Defective Grantor Trusts and Incomplete Non-Grantor Trusts

We recently highlighted the tax advantages of establishing an Intentionally Defective Grantor Trust (IDGT) and how selling assets into the trust opened the door to significant tax savings for high-net-worth individuals. Now, an IRS ruling and a bill signed into law by California Governor Gavin Newsom are rolling back many of these tax advantages. California Senate Bill 131 was passed into law on July 10, 2023, Read More

What Your Business Must Know About the Corporate Transparency Act

After years of handling by Congress, new reporting requirements under the Corporate Transparency Act (CTA) take effect on January 1, 2024. Government officials and supporters of the bill claim it will help eradicate money laundering by nefarious businesses and business executives. For businesses that are conducting themselves morally, however, the law creates unnecessary extra work. California businesses of all Read More

What a Charging Order Means for LLCs

When creditors pursue a judgment against a debtor who is the owner of a business, the courts issue what is referred to as a charging order. These orders authorize a lien against distributions from a Limited Liability Company (LLC). It’s important to understand how these orders work and what they mean for your LLC, and the members, partners, and owners of the LLC before creditors are pursuing such a judgment. LLCs Read More

What Are the Differences Between Trademarks, Copyrights, and Patents?

Innovation takes many forms. Your work and your craft provide a living for you, your business, and your family. Protecting that work goes a long way toward preserving your financial interests. Our team provides intellectual property services including the acquisition, maintenance, and enforcement of trademarks. We want to help you protect and get the most out of your IP, but it’s important first to understand the Read More

What Happens If You Become Incapacitated and Don’t Have the Right Documents in Place?

You need a plan. It’s an expression we share across multiple practice areas as we work with clients to ensure they are meeting their goals and hitting milestones within their long-term strategies. But, what happens when you don’t have a plan? Our team has previously highlighted the importance of planning documents like Financial Power of Attorney designations and Advanced Health Care Directives. These tools Read More

What is a Qualified Personal Residence Trust (QPRT) and When Should You Use One?

Effective estate planning means using the tools available to save significant cash by avoiding the heavy tax burden that often comes with transferring assets to beneficiaries. Homeowners often face a significant tax bill when transferring properties to heirs because their personal home is among the most expensive assets they own. This is where a Qualified Personal Residence Trust (QPRT) helps immensely. What is a Read More

An Intellectual Property Evaluation MUST Be Part of M&A Due Diligence

Intellectual property (IP) are assets. They don’t just protect your innovation and hard work; they add value to a business. Still, many businesses move through a mergers and acquisitions (M&A) deal without doing a deep dive into the other business’ intellectual property portfolio. The perfect time to do this is during due diligence. Your team gets a look inside the books of the other company to ensure what is Read More

The Who, What, Where, When, and Why of California Conservatorships

Conservatorships have a bad name. People often think of Britney Spears’ conservatorship and the #FreeBritney movement because, well, that’s the only real-life example most people have been exposed to. In reality, conservatorships serve an important role under the right circumstances. It’s important to separate Hollywood gossip from the real world California families live in. What is a Conservatorship? A conservator Read More

Is That Lawsuit Against Your Business Tax Deductible?

An estimated 40,000,000 (yes, 40 million) lawsuits are filed in the U.S. each year. This massive number illustrates just how likely it is that businesses will, at some point in the course of operations, face a lawsuit of some kind. Ultimately, this does not mean your business is the bad guy. It does not mean you’ve even done anything wrong. When your company faces financial liability in litigation, however, it can Read More