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So far th_dev has created 42 blog entries.

Virtual In-House Counsel

As a business owner, there are many benefits to having an open line of communication with an experienced business attorney to review company contracts, address employment law questions and the like. Even if an attorney is not a constant presence in your day-to-day operations, legal issues are. We make it our business to be knowledgeable about how our clients’ businesses work, as well as the activities that expose them to potential legal disputes. In-house attorneys are hired by companies  to handle a range of legal issues affecting the company, among them employment, policy, tax and regulatory matters. More prevalently, they play a managerial role, overseeing work that's been outsourced to attorneys at independent firms. However, having an in-house legal department

2020-09-18T10:35:40+00:00March 13th, 2020|

Contract Drafting and Review

Not every promise requires a contract. But even if you trust the other party, terms can still be forgotten or contested. In addition, the specific language of a contract and the terms within can be very important in enforcing the contract in the event of a breach. California Civil Code section 1549 provides that “[a] contract is an agreement to do or not to do a certain thing.” Courts have defined the term as follows: “A contract is a voluntary and lawful agreement, by competent parties, for a good consideration, to do or not to do a specified thing.” Robinson v. Magee (1858) 9 Cal. 81, 83. California Civil Code section 1622 provides that “all contracts may be oral, except

2020-09-18T10:33:08+00:00February 12th, 2020|

Fraudulent Misrepresentation and Illegal Business Practices

Laws prohibit certain types of practices in an attempt to defraud or mislead consumers and others. False advertising, employing methods of price discrimination, predatory lending, and more can cause companies to pay punitive damages to plaintiffs. Since anyone can allege that they were the victim of a “fraud,” California law places a heightened pleading standard. “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” Lazar v. Superior Court (1996) 12 Cal.4th 631, 645. This means that it is “[a] plaintiff’s burden in asserting a fraud claim…[to] ‘allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was

2020-09-18T10:30:08+00:00January 11th, 2020|

Pros and Cons of a Partition Action

When real estate property is left to multiple beneficiaries in a will, the parties often do not agree on whether to utilize or sell the property. The law provides a solution in these cases called a partition action.  Under the California Code of Civil Procedure under C.C.P. 872.210, petitioning to partition is a legal right under the law. What is a Partition Action? There are two types of partition actions available in the State of California: “partition in kind” and “partition by sale”. A partition in kind action terminates each individual property owners’ interest in the real estate as joint owners and creates separate and divided portions of the property. A partition by sale action (also known as “succession”) sells

2019-12-10T06:04:02+00:00December 10th, 2019|

California Businesses Liable for Retaliation

The California Fair Employment and Housing Act (FEHA) prohibits any type of workplace harassment and discrimination of employees based on race, religion or sex. Under California law, employees have the right to report any kind of discrimination, harassment or illegal employment actions of their employer. An employer must not retaliate against an employee for exercising their rights under the law to report any illegal activity to a government agency, company human resource department or supervisor.  Retaliation Claims Under California Labor Code Section 1102.5, an employee can sue their employer for retaliation if the following elements are met:  The employee engaged in a protected activity of reporting their employer’s discrimination and/or harassment activity to an appropriate government agency, the company’s human

2019-10-23T05:54:22+00:00October 23rd, 2019|

Facing Foreclosure in California – Civil Code Section 2923.5

If you are facing foreclosure on your home in California, it is no doubt a very scary and stressful time for you and your family. However, it is crucial that you know that you have legal rights during this process. Learning as much as you can about the foreclosure process can help you understand your rights, and determine which action is best to take for your specific situation. Under California’s Civil Code Section 2923.5, you have the right to receive notice from the lender to assess your financial situation and explore options in an attempt to avoid foreclosure.  Foreclosure in California In most cases, a loan servicer or lender must wait a full 120 days (4 months) before officially starting

2019-10-23T05:52:47+00:00October 23rd, 2019|

Remedies for California Businesses When Trade Secrets are Misappropriated

When a business works hard to develop systems, procedures, recipes, formulas, and practices—protectable as trade secrets—to advance the success, productivity, and profitability of their business, they have great interest in protecting that information from those who may steal or misappropriate the business’s trade secrets. Trade secrets are a form of intellectual property, along with patents, copyrights, and trademarks; however, there is no formal registration process to protect trade secrets. Instead, trade secrets are protected by a contractual agreement between the owner of the proprietary information and any other individual who may have access to this information and signs a confidentiality or non-disclosure agreement. If you are a California business owner and believe that proprietary trade secrets belonging to your business

2019-10-23T05:48:06+00:00October 23rd, 2019|

Smart decisions during business formation for long-term succes

On behalf of Thaler Law posted in business formation on Wednesday, October 16, 2019. The initial stages of a California business are some of the most exciting, but they can also be some of the most complex and confusing. The decisions made during the business formation process will lay the groundwork for the future direction of the company, and it's important for an owner to choose wisely every step of the way. One of the smartest things an entrepreneur can do is to realize that he or she does not have to be an expert in everything in order to succeed. This is why it can be important to choose the right kind of help in the beginning. From choosing

2020-04-25T11:22:51+00:00October 16th, 2019|

Steps to reduce the chance of business litigation

On behalf of Thaler Law posted in business litigation on Tuesday, October 1, 2019. A California small business owner has many things to consider during the initial stages of his or her business. These include necessary steps that can help reduce the chance of problems in the future. Business litigation can be costly and stressful, and an owner will find it beneficial to try and reduce problems by planning and thinking ahead. One common issue that can cause problems for business owners are accusations of discrimination or harassment in the workplace. These allegations are serious, but it's possible to reduce the chance of these incidents happening with strong behavior policies and reporting procedures in effect. If a problem does arise,

2020-04-25T11:23:50+00:00October 1st, 2019|

Uber facing business litigation over employee classification

On behalf of Thaler Law posted in business litigation on Tuesday, September 17, 2019. When a person starts work for a company, he or she will have a certain classification. The way that companies classify workers affects how these individuals are paid, including whether they are eligible for overtime and a guaranteed minimum wage. The issue of classification presents a unique problem for rideshare companies that contract with drivers on an as-needed basis, and as a result, Uber is currently facing business litigation. New laws in the state of California may change the way the company views its employees. A bill that was recently passed seems to require a reclassification of rideshare company employees, but Uber plans to debate this

2019-10-30T14:21:41+00:00September 17th, 2019|
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