“Actual Use” vs. “Intent-to-Use” Trademarks

A trademark is a word, groups of words, or a symbol that is registered so that it can be used in association with a company or a product. Another individual or business can not utilize something that is trademarked. It is used more often by companies that want their customers or clients to know that a particular product or service is associated with their business. There are two general ways to register a Read More

4 Contracts Every Business Should Have Their Employees Sign

Contracts are a huge part of virtually any business. Contracts are used for inventory, supplies, and even routine maintenance. However, they are often overlooked when it comes to employment issues. Nonetheless, having employees sign certain contracts, even if they are not signing an employee contract as a whole, can be useful for your company. Confidentiality Agreements Many businesses have valuable production Read More

A Brief Guide to Patentability for California Businesses

A patent is a legal tool that allows you to have exclusive rights to an invention for a period of time. It requires that you disclose the details of the invention to the public by filing a patent with the U.S. government. Patents allow inventors to control who uses their ideas and permits them to derive monetary value from the invention. Without a patent, someone else could easily copy the design and market it Read More

Closing Down Shop: How to Shut Down a California Corporation

You may have several reasons to close down your business—from financial problems to retirement. When you are ready to close your business for good, it is not as simple as just hanging up your hat and walking out. Instead, you have certain legal obligations that you must meet for your corporation to be considered legally dissolved. In California, C-corporations have certain annual reporting requirements and fees. Read More

Contractual Confidence: 5 Tips for Business Contracts You Can Trust

Businesses run on contracts. Whether it is a complex contract with a client or a simple delivery arrangement with a supplier, good contracts make business operations run smoothly. Contracting with others can be tricky, but it is definitely necessary. Use these tips to create contracts that are more likely to stand up to legal scrutiny. Write it down. Although it may be tempting to use oral contracts or Read More

How to Discipline Your Employees Without Getting Sued

Dealing with staff that does not perform up to standards or expectations can be difficult. It is especially hard when the employee is insubordinate or does not seem to care about the work they do. It can be tempting to simply fire an employee immediately when their job performance is not up to par, but, from a legal standpoint, doing that may not be a good idea. As a general rule, most employee relationships are Read More

Winding Up a California LLC

Each limited liability company (LLC) in California is registered with the state. Dissolving the LLC also requires state involvement. The first step in ending an LLC in California is actually dissolving the LLC. Next, the LLC will “wind up.” During this period, the LLC only exists to deal with certain financial and practical matters that the company must address before closing its doors. Members of the LLC can Read More

Proactive Partnerships: 5 Potential Scenarios You Should Address in Your Partnership Agreement

Even relatively minor disagreements in a partnership can cause serious disruptions in business and can even force the partners to dissolve their partnership. Planning ahead can prevent many partnership disputes before they happen. Any time that more than one person can make decisions that significantly affect the business, a partnership agreement should be in effect. Although written partnership agreements are not Read More

California Employment Law: Who’s Coming After You If You Misclassify Your Employees

Workers are generally classified as either independent contractors or employees. The distinction can be confusing, and when a business gets it wrong, it can have negative legal consequences. Several governmental agencies may be able to impose fines, sanctions, and other unpleasant penalties. For this reason, it is extremely important to have competent legal counsel who can help you classify your workers Read More

An Overview of California Vacation Pay Laws

California employers are not technically required to offer vacation, either paid or unpaid. Nonetheless, many employers have this type of practice as a perk or benefit for their employees. Once the business has an established practice of offering paid vacation, then the employer must comply with certain restrictions to meet its obligations for paid vacation under California law. The following points are important Read More