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Do you have a former or current employee dispute?
Many businesses receive letters from former or current employees or their attorneys. For example, the letters from a former or current employee may discuss issues with working conditions, fellow employees misbehaving or other issues. As an attorney, I have seen...
Resolving Business Disputes: Mediation, Arbitration, or Litigation?
The realm of business is inherently prone to conflicts and disagreements. The path chosen to navigate these business disputes – be it mediation, arbitration, or litigation – can have lasting effects on a company’s trajectory. This article delves into each method's...
Understanding the Litigation Timeline
Understanding the landscape of business litigation is crucial for any company navigating the legal system. This complex field involves resolving disputes arising from commercial and business relationships, including issues of contracts, partnerships, and fiduciary...
What Is Trademark Infringement?
Trademarks are pivotal in establishing a business's identity and market presence. They are not just logos or names; trademarks embody the essence of a brand, capturing its uniqueness and building a connection with customers. Trademark infringement is an unauthorized...
Breach of Contract Elements: Essential Information You Need to Know
Contracts are the lifeblood of business and legal agreements. They set the rules, define responsibilities, and create a sense of trust. But what happens when one party doesn't hold up their end of the deal? That's where a breach of contract attorney comes into play....
Damages for Breach of Contract: Evaluating Damages in Contractual Agreements
A breach of contract is defined as the failure of one party to fulfill the stipulated terms of a contract or agreement. Whether it's a failure to deliver a specified service, not adhering to a predetermined timeline, or any other deviation from the contract's...
Legal and Tax Implications in Cash Payments
Should I pay my employees or contractors or vendors in cash? No. Do not pay people in cash. Paying in cash creates a number of headaches, legally and taxwise. First, there is the issue of documenting the payment. With cash it can be hard or impossible to document...
What is a meal period?
A meal period or lunch break is a chance for an employee to eat. It is required in California under California Labor Law for non-exempt, hourly workers. Can I require the Employee do some work during their meal period? No. The meal period is supposed to...
Rest Periods and Rest Breaks
Under California Law, what are rest breaks (or Rest Periods) that Employers must provide? As an attorney who advises Employers in California, there are a variety of California labor laws that often come up in representing those employers. In my practice, I have...
Top 5% San Jose Commercial Litigation Attorney
Nick Heimlich is a top San Jose commercial litigation attorney, recognized by Super Lawyers as an outstanding litigation lawyer. Nick has practiced as a San Jose commercial litigation attorney in State and Federal Courts throughout California and has represented a...
When Do Start-Ups Need A Business Lawyer
Starting a business is exciting as it is stressful. On top of debt, deadlines, and permits, you're undecided whether it is necessary to hire a lawyer or not. Well, several factors determine the answer to this question. There are many initial steps to starting a...
When And Why You Need An Attorney For Your Business
Nick Heimlich Law works with business owners to help move their early to mid-stage companies forward. The head of our law firm is a prominent commercial litigation attorney in San Jose. Our team offers legal advocacy and corporate advisory for individuals, startups,...
Why Hire a Commercial Litigation Attorney?
Commercial litigation is a broad category of legal issues, which are usually related to the operation of a business. These cases can range from contract disputes to shareholder battles and more. Whether you're an individual, corporation, partnership, or LLC in...
Want Out Of A Partnership? Here’s How To Do It
When businesspeople enter into a partnership, they don't stop to think that problems could develop later on. Unfortunately, these situations happen many times, and in most cases, require legal intervention to make sure everything is resolved to the satisfaction of all...
Non-Compete Agreements In San Jose California
A non-compete agreement is a legal contract or legal clause within a contract which prohibits an employee from working for a competing business or within a specific trade for a specified time following their period of employment. Often, these agreements also prohibit...