Category: Business and Real Estate
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Whiffs of tax reform: implications for entity formation
A business writer refers in a recent article to the “crucial decision” that business owners must timely make regarding the form that their enterprise will assume. Indeed, that is a vitally important consideration, since it will affect virtually every key aspect of business viability and operations both immediately and over the long term. At the…
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Whiffs of tax reform: implications for entity formation
A business writer refers in a recent article to the “crucial decision” that business owners must timely make regarding the form that their enterprise will assume. Indeed, that is a vitally important consideration, since it will affect virtually every key aspect of business viability and operations both immediately and over the long term. At the…
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California insurers facing unwanted regulatory scrutiny
Does it owe to purposeful bad-faith actions or, rather, the simple inability to conduct proper oversight and maintain accurate records? Either way, says the director of California’s Department of Managed Health Care, it’s “a mess.” “It” is the findings in a recently concluded state report that are, by any measuring stick, truly dismal. The data…
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Business regulation: a stressed focus of the new administration
Compliance. And, again, compliance. Regardless of where they stand on positions regarding business regulation in the United States, company owners and entrepreneurs in California and across the country uniformly come together in agreement on this one point: Their businesses routinely deal with rules and regulations of all sorts, with the requirements imposed on their enterprises…
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Choosing a business form may also impact employment obligations
The choice of business entity can have far-reaching implications. In addition to affecting how a business might be taxed or whether owners might be subject to personal liability, a business form also impacts employment benefit obligations. Previously, California law did not require partners to pay separate workers’ compensation premiums. Instead of taking out separate insurance…
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Acute small- and medium-sized business concern: taxation
If you’re a business principal with a recent start-up enterprise or an already ongoing and provably viable small- to medium-sized commercial enterprise in California or elsewhere, you’re undoubtedly fixated on many things. Like profit, obviously. And expansion. And amicable employer/worker interactions. Hiding money outside the United States to escape IRS scrutiny and lawful tax exactions…
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A growing business risk and concern: cybersecurity threats
In today’s fast and complex business world, companies of all types and sizes routinely confront bracing challenges across a wide universe of considerations. Legal risk in the corporate realm is a constant and outsized concern. And it is a potential across virtually every dimension of business affairs, whether in employer-employee interactions, matters focused upon intellectual…
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Professors accuse California university of breach of contract
Contracts are supposed to be legally binding agreements. What is a college professor to do, however, when his or her employer backs out on their half of the agreement? It is just such a situation that professors of San Francisco State University in California are facing, and they have gone public with their claims of breach…
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Business planning spotlight: here’s a big focus for many companies
One commentator in a recent Forbes business article states that any company in the United States that has “even moderately complex customer contracts” (that certainly applies to legions of California enterprises, both public and private) needs to be paying attention to huge accounting changes that are on the near horizon. That means close attention, because the…
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When business planning unravels at a high level: one tale
A number of board directors wanted the company to go in a specific direction. Conversely, just about an equal number espoused another position. The two groups wrangled for months, jockeying for power. And when the veritable smoke cleared recently, six of the directors resigned. That spells the shorthand version of events that played out for…
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Business planning and financing: crowdfunding emerges
Say that you’re a small California business, or perhaps an entity that is not yet firmly established or much more than a glimmer in the eye of a smart entrepreneur. You’re going to need funding. And, of course, the obvious question relevant to that is this: Where are you going to get it? One or…
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How a non-compete pact can feature in an actual business dispute
We discussed in overview fashion the rationale and parameters of non-competition agreements in a recent blog post. Specifically, we noted in our March 28 post entry that, “Judicial scrutiny of a non-compete is customarily close and exacting, and proceeds with due appreciation that both the involved business and worker have legitimate interests to protect.” An initial point…
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Non-compete agreement: close court scrutiny, for sure
The employer/worker relationship is both reciprocal and symbiotic: Each party has distinct and singular needs of its own, yet both need each other. And that give and take — that inherent tension, if you will — can sometimes make for an uneasy balance at the workplace. Such is especially the case sometimes regarding select workers.…
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Contract dispute threatens to result in deportation for thousands
When a person thinks about contract disputes, he or she probably thinks about builders who don’t meet the needs of a homeowner or a city that doesn’t like the work going on in a neighborhood. There are many kinds of contract disputes that can affect people, though, like this case brings up. In the United…
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What are some ways to resolve a contract dispute?
Before a person works with an attorney to resolve a contract dispute through litigation, he or she should consider using other methods to make sure all the possibilities of the case are covered. If the parties can work out their differences outside court, it can be much easier on both. The first approach is always…
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LLC operating agreement: the engine that drives the car
We noted in our immediately preceding blog post that business formation questions often spell front-and-center concerns for start-up enterprises, and for obvious reasons. After all, the differing business structures provided for under relevant federal and state laws each come with singular benefits and considerations. What is right for one entity might be altogether inappropriate in…
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Focus: initial and ongoing legal considerations for a business
One of the foremost considerations for entrepreneurial thinkers poised to put in motion their energies and business plan centers on the form of enterprise most appropriate for advancing their goals. As we note on the Business Law page of our website at the Pasadena-based business and commercial law firm of Larson & Gaston, LLP, our attorneys always seek…
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Businesses: Take care and prepare your documents with legal help
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What is a breach of contract?
What is a breach of contract? Imagine you create a contract with a friend to sell him a car. Each week until the vehicle is paid off, he’ll give you twenty-five dollars for the cost of the car and another five dollars in interest. That means that at the end of each month, you should…
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Sole proprietorship and your business responsibilities
A sole proprietorship is one way you can set up your business. It’s also the most common, because there is no distinction between you and the business. As an example, consider a local photography company. The owner may be the only employee and may work out of the home. It would be normal for that…