The Importance of Non-Disclosure Agreements for Employers
There are many reasons employers should consider the use of non-disclosure agreements (NDAs). Sometimes referred to as a confidentiality agreement, an NDA is a contract wherein the parties agree that certain facts are not to be discussed outside of certain circumstances. Types of NDAs There are three basic types of NDAs: Multilateral NDAs Bilateral NDAs Unilateral NDAs. Multilateral NDAs...Read More
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If You and Your Family Members Own Stock in the Same Corporation, This is What You Need to Know About the Tax Consequences of I.R.C. Section 318(a)(1)
Does the family that invests together stay together? Under Internal Revenue Code section 318(a), you might be taxed together. Or at least one of you might bear the burden for the entire family’s corporate stock investments. If you and your spouse and children all own stock in the same corporation, section 318 could lead to some surprises at tax time. What is Section 318 of the Internal...Read More
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Starting an Online Business in California
It’s an exciting time for online businesses. The internet makes online innovation and entrepreneurship an easy endeavor. But if you’re contemplating starting an online business in California, there are many legal considerations you should take into account. And it doesn’t end with simple contracts for business ventures. You’ll need to consider the legal ramifications of...Read More
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New California Law for Employees vs. Independent Contractors
The new employee versus independent contractor law is here and about to take effect. This bill is better known as Assembly Bill No. 5 (AB 5), and here’s an overview of what you should know about it if you do business in California. What is California’s AB 5? California’s AB 5 is legislation that was signed into law on September 18, 2019, by Governor Newsom. It takes effect on...Read More
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Dissolving a California LLC or Corporation
Ending a business is rarely an easy decision. But following the proper procedures to formally close it down should be a no-brainer. Formally dissolving your business entity will end its legal existence, but it also reduces the individual liability of a business’s members or shareholders. Failing to end a business formally can leave you open to creditors, lawsuits, and ongoing state...Read More
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CLRA Mistakes Can Be Costly–Here’s How to Avoid Making Them
Consumers have more options for making purchases than before, and that means the demand for a bargain is higher than it’s ever been. Consumers expect to find incredible deals, bonuses, and exclusive sales. All that consumer expectation places merchants are under intense pressure to make offers that might be hard for them to fulfill, particularly if they want to stay financially solvent....Read More
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How an Unclear Contract Puts Your Business at Risk
When you’re excited about a new business venture, you probably just want to jump in and get started. The energy and momentum are there, and you don’t want to imagine all the things that might go wrong. Some entrepreneurs and business owners may even be tempted to jot out the basic details of the agreement themselves, in an informal or do-it-yourself contract. It happens all...Read More
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Which is safer: a SAFE or a Subscription Agreement?
When you’re managing your startup, one of the first orders of business is to raise funding for your ventures. This will involve attracting and negotiating with investors. These investors will trade capital for equity in your business. Managing these relationships (and funds) can result in a lot of pressure and liability for your young business. It’s a good idea to get the...Read More
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Subscription Agreements and Private Investments
In 2019, there were four million small businesses in California. But many of California’s smaller businesses are economically fragile and more likely to close during financial downturns like we’re currently experiencing. In the best of times, funding can be difficult to come by for small businesses. Your company may be too small and too new to go public, and you may not have the...Read More
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Sweepstakes 101: What You Need to Know about Giveaway Contests
Sweepstakes, giveaways, and contests, oh my! For business owners and consumers, a giveaway always sounds like a great idea. Who doesn’t love free stuff? But if you’re running a giveaway contest in California, you need to know where the legal lines are. While a giveaway, sweepstakes, or contest may be perfectly legal, a lottery is not. What is a Lottery? Lotteries are illegal in...Read More
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