When Does Your Business Need an Indemnification Agreement?

Most standard contracts and contract templates for companies include something called an indemnification clause. Although many contracts between California business entities include this provision, they are often improperly written and deployed. As an entrepreneur, you might sometimes hear an indemnification clause referred to as a “hold harmless” clause; this verbiage gives us a clue to the ultimate purpose of this Read More

Using Restrictive Covenants in California

Companies across the U.S. routinely use restrictive covenants in order to protect their legitimate business interests. A restrictive covenant—sometimes called a “negative covenant”—is an agreement where at least one party agrees to abstain from certain actions. The two most common restrictive covenants used in employment law are:  Non-Compete Agreements: This contract is used by employers to prohibit employees Read More

Six Boilerplate Provisions to Double Check in Your Company’s Contracts

Most contracts aren’t exactly page-turners. It can be tempting to skim them or agree on the important parts rather than double-check every detail. In some cases, however, those small details can make a world of difference. Boilerplate provisions are general terms of a contract that normally appear at the end in a section titled General Terms or Miscellaneous. They may seem standardized, but what they dictate could Read More

Have You Performed a Legal Audit of Your Business? You Should!

You have a lot going on with your business as you deal with big-picture strategy as well as daily operations. In the hustle and bustle, it can be easy to overlook your legal requirements under local, state, and occasionally federal law. Even if you do your best to comply, things can slip by fast, and one mix-up can end up costing your business thousands of dollars or even forcing you into bankruptcy. How can you Read More

The Proof Is in the Pudding: 5 Common Mistakes for Business Owners to Avoid in Their Contracts

As a business owner, contracts are one of the most important ways to protect your business relationships and dealings. Unfortunately, there are many out there who fail to use contracts to their advantage and often face others who try to take advantage of them and all that their company has to offer. While contracts are one of the most important ways to protect your company, they can also cause problems if not Read More

5 Tips for Writing a Solid Offer Letter

So you’ve been through the time consuming and often frustrating search process for the perfect new employee. And, now that you have found your ideal candidate, you want to make sure that you provide a solid offer letter so that you don’t lose them. You might be wondering, what are the best ways to go about offering the job to ensure they accept? What should you do and what is there to avoid? Below we discuss some of Read More

16 Things to Include in a California Independent Contractor Agreements

An independent contractor is someone who often controls his or her work environment. He or she usually uses their own tools and equipment to accomplish a specific job. They are also more likely to decide how to accomplish the job themselves instead of being instructed by someone else. They also usually set their own working hours, but not always. Independent contractors are often paid by the job, and the working 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

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

What California Business Owners Need to Know About Verbal Contracts

Verbal agreements are not a mainstay in modern business environments. Although enforceable in California and subject to different enforcement issues than written contracts, they are subject to significant limitations that make their efficacy questionable. First, verbal agreements are enforceable only to extent that all parties to the agreement can prove its terms. Without anything being confirmed in writing, you Read More