Category: Civil and Business Litigation
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Business disputes: In the construction law realm, broad-based
There’s an obvious reason why some construction law tomes and overviews are as thick as phonebooks: The subject matter they embrace is both complex and wide-ranging. On a relevant page of our website at the Pasadena-based business and commercial law firm of Larson & Gaston, LLP, we refer to both the widely varied actors that we…
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Shareholders, partners: sometimes thorns accompany the roses
Smart and focused business entrepreneurs are constantly emerging in California and elsewhere with exciting new ideas that they seek to turn into profitable realities. In order to do so, they often band together as shareholders or partners in new enterprises. A lot of hard and exacting work obviously goes into that, with initial questions abounding.…
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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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Unsurprisingly, property often at the core of business disputes
It is simply a given to attorneys of any longstanding and proven business law firm that securing and maintaining client trust is the optimal goal in every instance. And the reason for that is eminently clear. At the Pasadena business law firm of Larson & Gaston, LLP, many of our clients are sophisticated business entities that…
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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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Tacos and tequila: good idea or bad idea for Taco Bell?
Far to our north, in the city of San Francisco, a new Taco Bell restaurant opened this month that is unlike its fast-food brethren. As some of our Pasadena readers may already know, this new Taco Bell boasts a completely new dining experience that – once its liquor license is approved – will feature two…
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What is a deceptive trade practice?
No successful California business has a tunnel-vision focus on a sole concern or objective. The principals of any viable enterprise — whether it be a financial firm, auto dealership, retail store or other entity — are necessarily — and always — focused on multi-faceted and integrated objectives. Those are truly wide ranging, and encompass things…
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Understand construction law to protect your rights
As a property owner or developer, you need to understand construction laws before you start working on any project. A simple dispute can be resolved amicably with the right information, but in complicated situations, your project could be dragged on for months or years without the right understanding of the law. Whether you’re planning to…
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When does sales tax apply for California businesses?
If you’ve just started your own business or are considering a business venture, then you probably have a lot of questions about how to run your business and what laws are applicable to your situation. One question you might have is the one we’re asking in this week’s post title: when does sales tax apply…
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Business owners say FTC crackdown on payday lenders is unfair
There is a famous saying probably all of you have heard which is: one bad apple spoils the bunch. The phrase suggests that the bad actions of one person can easily affect the group. And in the case of payday lenders, this statement couldn’t be any truer. If you happen to have read the recent…
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Before signing a shareholders’ agreement, get a lawyer’s help
Imagine for a moment that you are a shareholder in a closely held corporation here in California. In order to have a say-so in the circumstances under which you and the other shareholders may transfer your shares (or be required to sell your shares to the corporation or other existing shareholders), a shareholders’ agreement needs…
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Staples, Office Depot merger: will it be considered a monopoly?
Federal anti-trust laws prohibit a company from cornering the market and creating a monopoly in a given industry. With any proposed business merger or acquisition, this is something that the Federal Trade Commission must take into consideration. That’s because federal laws see competition as necessary in any area of business. It forces companies to innovate…
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Could a quasi-franchise model work for your business?
The fear of the unknown is what keeps a lot of entrepreneurs away from starting up their own businesses. It’s also what stops a lot of existing companies from changing their business models. What if the plan doesn’t work? What if the company loses money too quickly and it is forced to close? Will litigation…
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Enforceability of letters of intent not an easy question
Before parties strike a contract in a business transaction, there is often a certain amount of negotiation that has already taken place. Contracts are understood to memorialize the agreements the parties made during the negotiation process. Business negotiations aren’t always clean cut, though, and sometimes disputes can arise over obligations the parties may have gotten…
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Several wireless carriers hit with lawsuits over bill charges
Along with cellphone advancements comes a new dependency on our mobile devices to give us everything from our email to weather updates. With some third-party services, we can even receive other information such as our horoscope or a joke of the day in the form of a text message. But just like any service, these…
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Will franchising help alleviate Tesla’s legal woes?
Did you know that in the United States, direct to consumer sales of motor vehicles are prohibited by franchise law? If you said no, you’re not alone. As complicated as business law may seem, franchise law adds a whole other level that can blindside a growing company or business if they’re not careful. Our Pasadena…
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Amazon settles contract dispute with book publisher Hachette
Thanks to huge advancements in technology, publishing has changed considerably in the last decade. Printed books and magazines have given rise to e-readers and tablets that offer the same product but for a fraction of the cost. But while technology has changed how people access printed materials, there is one thing that has remained relatively…
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Things to consider when performing a business merger
In any given industry there is always going to be a competitor. This is not just a fact of life but a fact of the law. According to federal anti-trust laws, competition is necessary is any given industry to avoid creating a monopoly, which could drive up prices and negatively affect consumers. But did you…