I write this as California Assembly Bill 5 sits on Governor Newsom’s desk. It is more than likely he will pass this measure which clarifies and codifies the California Supreme Court Decision Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. (Dynamex). In Dynamex the court adopted a three part … Continue reading Breaking News on Independent Contractors
By: Ellen Gregory You’ve received a letter in the mail. The letterhead indicates it comes from an environmental organization you’ve never heard of. It says you have 60 days to respond or you will be sued for violations of state or federal environmental laws, or both. You are pretty sure your company isn’t violating any … Continue reading Environmental Citizen Suits
Many Clients reach out for legal help after they have created a corporation and ask me what to do next ? The following is a short list of some “next steps” that likely need to be taken (specifically in California): Get an EIN from the IRS. You will need this and the articles to open … Continue reading 12 Steps to Take After Creating Your Corporation
By Ellen Gregory Are you thinking about being an Airbnb host? Not sure where to begin? You may be the hospitable type and like the idea of having new, interesting people coming and going from your home, or you may just need some extra income to pay your own mortgage or monthly rent. Regardless of … Continue reading Airbnb-To Host or Not to Host?
By: Ellen D. Gregory and Martin R. Sances Last year, the California legislature passed 1,016 pieces of legislation that went on to be signed into law. In this article, we’ll summarize a few of these laws that may impact your business. We’ll also provide a brief overview of a couple of court cases that you … Continue reading California Legal Developments for 2019
I recently received a fake cashier's check for $130,000. The check was supposed to pay the amounts due to a client under his severance agreement. It turned out the client, the entire client relationship and all the communications I received were fraudulent and part of an elaborate scam, presumably designed to get me to deposit … Continue reading Beware of Cashier’s Check Scams – my own recent experience
One of the questions I get asked most often by clients is “What form I should choose to start my new business?” Like many questions a lawyer gets asked, the answer is “it depends.” The questions I ask a client to figure out the “it depends” are generally centered around the following 4 criteria: Appetite … Continue reading Choosing a Business Structure
So, you are looking to grow by acquisition. Your un-wax filled ears have heard the siren’s song of acquiring new revenue and customers without all the “hard work” of organic growth. You already know that nothing in business is easy, but be prepared for these 7 challenges when you decide to move forward with an … Continue reading The Acquisition Odyssey – 7 challenges of acquiring another company as seen through the eyes of Odysseus
California Commercial Code §6101, et. seq. is the codification of the Uniform Commercial Code Bulk Sales law. It is one instance where a buyer of assets may be responsible for the obligations of the seller, even though the asset purchase agreement states otherwise. A Bulk Sale is defined as any sale outside the ordinary course of … Continue reading Making an Asset Purchase in California? – Don’t forget about Bulk Sales
As most California subcontractors know, the indemnity clause is generally presented by general contractors as a “take it or leave it” provision. Either take it and get the work or leave it and they will find someone else to do the job. To try and build in some equity for subcontractors, the legislature passed SB … Continue reading Subcontractors may have to indemnify even if the general contractor is negligent.