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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...

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...

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...

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...

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...

While you might think that 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. Find out exactly what franchise agreement opportunities exist right now. With a focus on small...

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. April 1st was the first major "due date" of the commercial real estate...

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...

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. These...

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...

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...

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....

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...

Plan ahead and make sure if there is a disagreement that your company has a legal roadmap to follow by speaking to a San Jose business dispute lawyer. In the early planning stages of a business, partnership dispute solutions can be drawn out in legal documents that’ll...

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...