A Lawsuit for Negligence

Did you know? There are many instances where negligence can occur, but we are here to represent you regardless of what causes it to occur. “Negligence” is an action or failure to act by a defendant who owes a duty of care to a plaintiff. A person’s duty of care depends on the relationship between the individuals involved. But under this definition, a “relationship” can exist between two people who don’t even know each other. Here are examples of different types of individuals and their duty of care: 1] Child care provider Has a duty to keep children safe and healthy in their care. 2] Store owner Has a duty to keep premises clean and in good condition so that

2020-09-18T10:57:07+00:00August 18th, 2020|

Sexual Harassment, Wrongful Termination and Labor Code Violation Lawsuits

As a business, a lawsuit filed against you by a current or past employee catch you off guard. Whether they're allegations of wrongful termination, verbal harassment of a sexual nature or labor code violations, we're here to ensure you receive the best representation possible. Sexual harassment in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. Briefly, sexual harassment refers to both unwelcome sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex. Under California law, the offensive conduct need not be motivated by

2020-09-18T10:54:17+00:00July 17th, 2020|

Partnership Dissolution/Corporation and Limited Liability Company Dissolution

There's a rise of divorces this pandemic, and so, too, are business divorcers on the rise! Partnership dissolution refers to the termination of a partnership as well as the cessation of its various business activities. ... When a partnership dissolves, the partners share equally when it comes to profits and gains; however, they also share equally in the distribution of losses as well. Dissolution of a Corporation is the termination of a corporation, either a) voluntarily by resolution, paying debts, distributing assets, and filing dissolution documents with the Secretary of State; or b) by state suspension for not paying corporate taxes or some other action of the government. The rights and responsibilities regarding the dissolution of a corporation is generally

2020-09-18T10:51:24+00:00June 16th, 2020|

Legal Oversight from Corporate Formation through Continuing Operations

From the initial stages of your business—generally corporation formation or limited liability company registration--to legal disputes that may threaten your continued operations, you have us on your side. We are not a law firm that focuses only on transactional matters, we also come with a significant amount of trial experience. For that reason, clients seek our advice on a wide range of transaction and civil litigation issues. 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. Contact Thaler Law Contact us at 714-869-2900 or online today for your free consultation.

2020-09-18T10:48:03+00:00May 5th, 2020|

Transactional and Trial Attorneys

Transactional lawyers counsel individuals and organizations on the legal issues generated by their business dealings or personal activities. Litigation attorneys, also known as litigators or trial lawyers, represent plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes. We are not a law firm that focuses only on transactional matters, we also come with a significant amount of trial experience. For that reason, clients seek our advice on a wide range of transaction and civil litigation issues. Contact Thaler Law Contact us at 714-869-2900 or online today for your free consultation.

2020-09-18T10:38:55+00:00April 14th, 2020|

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|

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|

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|

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|

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|