Category: Business and Real Estate
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A key focus for many California businesses: their commercial lease
Many California readers of our Los Angeles business and commercial legal blog at Larson & Gaston have likely rented apartments at some point in their lives, or currently have an outstanding residential lease that they are complying with. There’s really not much to that, is there? Such leases are typically pretty cut-and-dried affairs and don’t…
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Looming litigation in the wake of a mammoth security breach
“So far, the alleged injury is vague, very indefinite for most people,” says one legal analyst commenting in the wake of what has been described as one of the largest security hacks to have ever occurred in the United States. Equifax fervently hopes that things stay just the same. Because if they don’t, and increasingly…
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Online shopping sales tax issue: Will SCOTUS take the case?
Imagine politicians in one state purposefully drafting legislation to fail in its first assessment by a court. That is precisely what has happened in South Dakota, with the national publication Bloomberg noting that a statute enacted by legislators there “was specifically drafted so the state’s highest court could quickly reject it and send it up…
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Business formation variables: getting those IP ducks in a row
An industry commentator notes in an intellectual property-themed article relevant to business startups that many entrepreneurs materially neglect paying timely attention to a critically important matter when they begin their enterprises. And here is an additional thing, notes IP specialist Tom Kulik: That inattention is not confined to novice business actors with no real understanding…
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An obviously big focal point in construction projects: cranes
We note on a relevant page of our website at Larson & Gaston, LLP, in Pasadena, that “commercial real property issues … can open up significant legal exposure and costs.” We further stress on that page that the sources of those issues are wide-ranging, including construction-related disputes. A recent article authored by the insurance publication Claims Journal…
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Analyzing business failure to drive success, Part 2
We noted in our immediately preceding blog post that a materially high percentage of businesses across the United States cease operations within a handful of years owing to various challenges that company owners either failed to perceive or simply did not adequately prepare for. And, having noted that, we pointed to a silver lining linked…
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Promoting business success through a study of failures
The glass “has to be half full.” In making reference to that in an article on entrepreneurialism and entity start-ups, the publication Business Insider means this: Any new commercial enterprise seeking to enter, profit and endure in the business world must have at least a modicum of well-placed hope for success. Entering America’s rough-and-tumble commercial…
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Federal class-action rule passed, now certain to face opposition
OK, it finally passed. Now, here’s the uppercase question: What next? A federal rule declared last week by the Consumer Financial Protection Bureau has understandably enthused — even enthralled — scores of millions of consumers across the country and principals with advocacy groups promoting the public’s rights against big financial institutions. Yet its fate seems…
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When it’s right, franchising can be the ideal business vehicle
Diverse businesses across Southern California contemplate and sometimes pursue commercial activities across a nearly limitless universe of potentially profitable opportunities. And proven business and commercial law attorneys help them explore those opportunities wherever they emerge, crafting sound legal strategies that both minimize risk and promote optimal outcomes. On any given day, commercial entities in the…
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Fed up with the bank: CA bill seeks to invalidate contract clause
You live with the contractual terms you knowingly agreed with. Although there are certain limited exceptions to that dictum (select permutations, if you will; public policy restraints come readily to mind), most adults who execute contracts in California and nationally know that they are tasked with abiding by the material terms and conditions stated therein.…
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Health care principal seeking to buy or sell? Read this.
If you’re a business owner in an acquisition stage or, alternatively, contemplating a company sale, there is certainly a lot to think about. The direction your industry is trending in — if that is discernible through close analysis of relevant variables and factors — is something you’re certainly looking at. Is your business in an…
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2017 tax planning for a California business: some considerations
If you’re a proven California business owner or principal, no one needs to tell you that your enterprise must be absolutely focused on state and federal tax rules and policies at all times. That means every day of the year. And, of course, every year. Business-related tax implications are decidedly a big deal. Company managers…
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California class action suit spotlights insurance coverage denials
Hartford Life principals argue that they’re simply trying to inject some common sense and boundaries regarding reasonable parameters germane to a key contract provision in select life insurance contracts inked with California policyholders. State class action plaintiffs advance an alternative position, grounded in a quote from one claimant that he and fellow class members were…
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Product liability scenario continues to play out for General Motors
For obvious reasons, the largest car manufacturing company in the United States is doing everything it reasonably can to stay ahead of a potential tidal wave of litigation that is imminently heading its way and the attendant liability of massive proportions it could trigger. Notwithstanding that effort, though, a recent national news report indicated that,…
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Mediation resolves large, growing government/bus operator dispute
It was obviously important that the contractual dispute between a Southern California municipal transportation entity and a bus company providing riding services to approximately 800,000 customers each day get resolved, and in an optimal manner. Seemingly, it did, with the Ventura County Transportation Commission (VCTA) and Roadrunner Management Services recently coming to terms that resolve…
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Early Mitigation of Damages
Damages are the monetary results of litigation. They can range from compensation for injuries incurred by a plaintiff to attorney’s fees. As a result, they can range from a single dollar in nominal damages to millions of dollars in extensive litigation cases. Due to this wide range, it is prudent to evaluate the potential economic effects…
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Defective products, safety recalls: 2016 denoted as singular year
Here are a couple quick and obvious realities related to manufactured products that are made available to consumers through the market mainstream. First, and notwithstanding the efforts of product designers, makers, wholesalers, retailers and other parties to ensure safety, problematic features do occasionally surface with some goods and merchandise. As a result, safety recalls are…
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Was the job done? Well, what does the contract say, provide for?
This could get ugly. Well, uglier, actually, given that it is already unquestionably contentious and, given the recent filing of a civil lawsuit for contractual breach, distinctly trending in a direction away from amicability and quick resolution. Here’s what is the uppercase rub for officials from New York City, which has just sued telecommunications giant Verizon…
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Was the job done? Well, what does the contract say, provide for?
This could get ugly. Well, uglier, actually, given that it is already unquestionably contentious and, given the recent filing of a civil lawsuit for contractual breach, distinctly trending in a direction away from amicability and quick resolution. Here’s what is the uppercase rub for officials from New York City, which has just sued telecommunications giant Verizon…
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Health care principal seeking to buy or sell? Read this.
If you’re a business owner in an acquisition stage or, alternatively, contemplating a company sale, there is certainly a lot to think about. The direction your industry is trending in — if that is discernible through close analysis of relevant variables and factors — is something you’re certainly looking at. Is your business in an…