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Blogs

Learn About Business Fraud

03/16/2021

Would you like to protect your business from inherent risks of financial loss as a result of fraud? Would you like to learn your legal options when your institution deals with cheating, deception, or swindling? Have you ever thought about opening an investigation into your firm's transactions but been put off due to the prospect of high expenses and fees? If you answered yes to any of the above questions, you have come to the right place. Statistics suggest a staggering percentage of fraudulent activities in companies linked to their employees, executives, and professionals with access

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General Breach of Contract Types

01/28/2021

Breach of contract is a primary claim when potential litigation is being considered between two or more contracting parties. All duly enforceable contracts are designed to provide explicit details regarding considerations and responsibility for each party concerning an interaction with the others. While many contracts are two-party arrangements, this is not necessarily the situation in all agreements. Regardless of the number of parties signed on to an agreement, all parties must abide by the rules as described in writing, including seemingly minute details specified in the wording.

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5 Essential Components of a Franchise Purchase

12/10/2020

Many potential business owners who consider purchasing a franchise understand they can be a very effective method of starting a business. National advertising for identified brands often helps to create brand recognition and a built in customer base. The problem for many new business owners is that they are not always aware of what a franchise contract may entail and that contracts are not necessarily a one-size-fits-all issue. The San Jose franchise attorney at the Law Offices of Nicholas D. Heimlich will advise that there are several aspects of a franchise agreement that deserve due diligence before actually signing on the dotted line to any purchase agreement.

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The Dangers of Violating Corporate Bylaws Can Result in Business Litigation

12/05/2020

The business empire is necessary for the function of a healthy society. Daily, management, and employees work hard to ensure that businesses are successful and profitable for the board of directors and the shareholders.

As an executive of the company, you understand how important it is for the corporation to align its mission and values. These values are nowhere else as apparent, as in the corporate bylaws.

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Never Let Your Company Be Undermined or Hurt by Claims of Unfair Competition

11/28/2020

If you run a business, you want it to be successful. While many outside your company will admire your success, others are going to be downright jealous. Even if you strive to follow all the good-faith rules and regulations that a California business should, other players in the field might still come out and make claims against you.

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The Importance of an Experienced Attorney in a Franchise Establishment

11/20/2020

Many entrepreneurs are attracted to franchise operations regardless of whether they are extending a personal project into a national chain or buying into an established franchise network. The process can work in both directions, and it is fraught with legalities all along the way. Every industry has specific laws that will apply to daily functioning and get the company established legally with respect to financing, licensing, and other legal necessities before finally opening.

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Choosing Between Different Types of Corporate Entities

10/11/2020

Are you incorporated?

Businesses need a limited liability entity, such as a corporation, LLC, or LLP. Without a limited liability entity, your personal assets could be at risk. For example, let’s say you operate a restaurant, and a patron slips and falls and is severely injured. Even if the claim wasn’t your fault, you could still be sued.

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Which State Should I Incorporate In?

10/05/2020

Incorporating your company in the state where your business is physically located is known as home state incorporation. However, no matter if your business is a C corporation, LLC, LLP, LP, or nonprofit corporation, you must pay fees to the state when incorporation documents are filed. Moreover, you will be subject to ongoing fees and requirements imposed by that state.

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How To Avoid Alter Ego Liability

09/18/2020

I have a company. Why am I being sued as an individual? You have probably heard of the term "alter ego" to refer to a person with two separate identities—for example, Superman and Clark Kent. These two individuals may appear to be different, but they are one and the same. Business law recognizes this concept and will impose liability on the owners of a corporation or LLC that do not lawfully separate themselves from their businesses.

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What You Need To Know About Insurance For Your Corporation

09/10/2020

When you formed your business, you probably decided to make the entity a Limited Liability Corporation (LLC) or Corporation to protect your personal assets. Forming a corporation is a wall between corporate and personal assets. But, be aware, this wall is imperfect and can be challenged or broken through.

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The Importance of Protecting Your Business from Email Based Phishing Attacks

08/29/2020

The rapid switch to working from home is not without its unforeseen drawbacks. Workers are now using email services on "untrusted" devices, as well as networks, and sending an increased amount of sensitive data through it. Remote workers may be turning to email to communicate confidential data instead of secure methods generally available when in the office.

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Is Now The Best Time To Buy An Existing Franchise?

07/22/2020

While you might think that during the COVID-19 pandemic is the worst time to start a business, in reality, it is an excellent time to consider buying an existing franchise.

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How to Handle Commercial Real Estate Law During COVID-19

05/18/2020

Our society has been derailed by the COVID-19 pandemic, with personal health and safety as the foremost concern. During this upcoming month, the next hot topic will be commercial real estate.

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Ensure Your Business Has Legally Enforceable Contracts

04/20/2020

In the simplest terms, consideration can be seen as value. Under California contract law, mutual consideration (which is the exchange of value) is an essential element in the formation of any legally binding contract. Without it, a California court will most likely deem a contract unenforceable.

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Congress Approves Economic Relief Plan for Individuals and Businesses

03/31/2020

In just a few weeks, the world has drastically changed, including the dynamics of our workplaces. Many small and large businesses have shut their doors until further notice. While others have shifted to remote work for some, if not all, of their employees.

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The New Gig-Worker Economy

02/24/2020

Organizations hire for a range of roles — contractors, part-time, casual, freelance. Due to advances in technology and evolving customer expectations, new ‘freelance’ occupations continue to emerge.

The gig economy signifies a new work world in which many are being hired as independent contractors and freelancers instead of full-time employees. The growth of Uber and Lyft marks the beginnings of a rapid rise of the gig economy. For example, for Uber and Lyft, drivers make their own schedule and work when they want, getting paid for each ride provided.

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What Is A Bad Operating Agreement?

01/23/2020

Did you know that most litigation is due to partnership disputes involving a bad operating agreement? A business operating agreement is to your LLC what a prenuptial agreement is to your marriage. If your company doesn't have an operating agreement for LLC — you have created an enormous liability.

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4 Key Differences Between State And Federal Courts

12/30/2019

There are two kinds of courts—state courts and federal courts. The court system that hears your case has a lot of impact on the outcome. For instance, if you happen to be involved in business litigation in California, the court system can have a significant influence. The California State Court system differs distinctly from the federal courts in California in various ways. The following 4 factors highlight the key differences.

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Are You Starting A Business? Be Proactive In Limiting Personal Liability

11/21/2019

When starting a business, being proactive in limiting personal liability can provide bountiful peace of mind as you navigate growth and success. In some cases, when business funds are tight, business owners can be held personally liable for the debt. Planning ahead protects your personal assets, as well as the company itself.

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Plan Ahead To Avoid A Partnership Dispute

10/25/2019

Plan ahead and make sure if there is a disagreement that your company has a legal roadmap to follow. In the early planning stages of a business, partnership dispute solutions can be drawn out in legal documents that’ll save you money and time. A critical issue that is helpful to discuss includes what will happen if one or more business owners become unable to perform his or her obligations to the partnership, or decides to sell their interest in the company.

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What Does California Law Consider Fraud?

09/27/2019

Fraud — in a legal context — is put within a narrowly defined category. In regular parlance, the nature of fraud is generally considered to mean that an individual has been deceived by someone who they rightfully trusted. The special nature of fraud, in many legal cases, is considered both a crime and a civil matter.

In California, a case of fraud must prove the following (1) an intentional misrepresentation of facts, (2) a misleading false statement or negligent misrepresentation, (3) false promises, and (4) an opinion expressed as fact or intentional concealment.

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Commercial Litigation

05/25/2016

According to the Legal Dictionary, when a person, business, or entity enters into a lawsuit, whether they have filed the lawsuit, or are responding to it, they are entering into a process known as “litigation.” Lawsuits or “actions” are brought before the court for the purpose of enforcing a particular right. The process of litigation is actually a series of steps taken to resolve the matter, whether through negotiations toward a settlement, or a court trial.

However, in any occurrence of legal disagreement between businesses, corporations or companies with respect to various types of corporate issues can be subject to commercial business litigation. This happens when two or more businesses are involved in a disagreement and one of them sues the other. All business engagements fall under commercial litigation.

Below are the most common instances of commercial litigation. Let’s discuss them one by one. Read More...

Frequently Asked Questions.

What is this lawsuit? Why am I being sued? A lawsuit is when a person or Company is suing another person or company to request that the Court decide a dispute. Usually, the person filing the lawsuit is looking for a Court to declare their rights or award monetary damages. Read More...

Do I have to respond to the lawsuit? When is my response due? If you have been served properly (which varies depending on the Court and state or country law), then you generally have to answer a lawsuit if you wish to contest the lawsuit. Read More...

Was I served? Service and its requirements are different depending on which Court and state is involved. Service directly on the named Defendant (handed to them) is almost always good service. Read More...

How much money is the other side asking me for? In the lawsuit (called a Complaint in California), there is sometimes a specific amount of money demanded in the Complaint, sometimes there is not. Read More...

What is a Case Management Conference? A Case Management Conference is a hearing by the Court where the Court reviews the status of the case and determines what future hearings or schedule should happen in the case. Read More...

What can I do to resolve my case? Cases get resolved either resolved by the Court or by the Parties, or arbitration if that occurs. To resolve the case, either parties must make motions to try to get the Court to rule in their favor, Read More...

Attorney Nick Heimlich Will Ride at the Tour de Menlo

7/11/2016

Attorney Nicholas Heimlich will be participating in this year’s Tour de Menlo event on August 20, 2016 at the Menlo-Atherton High School in Atherton, CA. Attorney Heimlich will be going for the 46-mile route of the tour.

Nick Heimlich is a San Jose litigation lawyer with years of experience in representing individuals and businesses throughout the state of California. He has handled large cases in the past. In one successful case, he was able to win a $45 million settlement for a client involved in a breach of contract case. He has also worked on defending clients and has helped them in saving substantial amounts of money by limiting their liability. Read More...

Tour de Menlo: Riding for Rotary Scholarships and Community Service

8/20/2016

The day was perfect for a ride to enjoy the scenery, but the riders that gathered last Saturday, August 20, 1016 are not just there to enjoy the scenery or get their weekly dose of workout. They were there for a meaningful cause. They were participants in the Tour de Menlo.

Attorney Nicholas Heimlich was there with the other participants in the event. He joined the 46-mile route of the event. There are two other routes that the participants could join and all three started at the Menlo-Atherton High School. Read More...