When you are looking to create something for yourself or your business, you need to make sure that it is not already copyrighted by someone else. For example, when having a logo designed for your business, you need to be certain that it is sufficiently unique to avoid any potential copyright lawsuits from taking place in the future. This also will help you avoid wasting time and money on having something designed Read More
How Can a Cease and Desist Letter Help My Business?
In the event of a potential legal dispute, a cease and desist letter is one of the most effective tools a business owner can use to protect their rights and intellectual property without having to take extensive legal action. In issuing a cease and desist letter, a business is requesting that a person or organization cease engaging in behavior that it doesn't have a legal right to conduct. A business may issue a Read More
How Can I Protect My Business’s Trade Secrets?
All forms of intellectual property need to be carefully maintained and protected in order to keep their value, but none more so than a company's trade secrets. In many cases, the loss of a trade secret can cost a business its competitive edge or even spell the end of the business altogether. If your operation depends on information that shouldn't be shared, it's worth taking some time to make sure you have the proper Read More
How Can You Raise Money for Your LLC?
From the moment entrepreneurs file articles of organization for their limited liability company (LLC), they must be laser-focused on securing enough capital to keep the enterprise running for at least another year or two. While organizing your startup as a traditional C-corporation might make it easier to get meetings with venture capitalists, there are several ways you can garner capital for your LLC from outside Read More
Correctly Designating Exempt vs. Non-Exempt Employees
The differences between exempt and nonexempt employees in California are substantial, and abiding by the rules for both is crucial to keeping your business in good standing. There are advantages to properly classifying your workers as exempt if they truly qualify for that designation, such as not having to pay for breaks or overtime, but it can be very costly to exempt workers who don't meet the requirements for Read More
Supreme Court Reverses California’s Decision on PAGA Claims
If you haven’t been following the Viking River Cruises, Inc. v. Moriana case, we’ll quickly get you up to speed. In short, the plaintiff of the case, Angie Moriana, was an employee of Viking River Cruises. When hired, Moriana agreed to a contract specifying that any employment disputes would be compelled to arbitration, waiving class action and PAGA claims. Later, Moriana sought to bring a PAGA action against Viking, Read More
When Should My Business Seek Injunctive Relief?
If your business is facing potentially severe damages as a result of intellectual property infringement, breach of contract, or other damaging actions by a third party, injunctive relief may be your solution. These injunctions can prevent a party from continuing their actions or ensure that they act in compliance with the order of the court in order to prevent any more damage to your business. Temporary Read More
What the California False Claims Act Means to Business Owners
Similar to many other states, California has created laws that seek to discourage those who might wish to defraud the state by expanding upon federal whistleblower laws. These laws provide employees with protection from wrongful termination if they report the theft of government funds. California provides its citizens with the ability to utilize qui tam lawsuits extensively, which creates a significant risk to Read More
A Warning on the WARN Act
The federal Worker Adjustment and Retraining Notification Act of 1988 (WARN) requires employers to give advance notice to employees and their representatives before closing down a facility or engaging in mass layoffs. This law has been expanded in California, and this blog provides a brief overview of the WARN Act as it affects California's employers. When Does WARN Apply? In California, any business with Read More
New Severance Restrictions in California
In January, Senate Bill 331 went into effect. An expansion of the STAND Act passed a few years ago, S.B. 331 now makes it unlawful to use confidentiality provisions in settlement and separation agreements that would silence a person who has alleged discrimination or unlawful activity in the workplace. Moving forward, employers must make sure they act in accordance with this new legislation when they find themselves Read More