Author: Martin Sances

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.

If you could use a trusted advisor who is on your side, who understands your business and is ready to roll up their sleeves at any minute, then yes you need one. If you view lawyers as hired guns who don’t know anything about running a business, well then you should probably take a pass. … Continue reading Does my company need a general counsel?

Proposition 103, approved by California Voters in 1988, created an elected insurance commissioner and mandated a rate setting process to protect consumers. It also required an immediate 20% reduction in auto insurance rates and set forth the criteria that can be used to set future auto insurance premiums as follows: (a) Rates and premiums for an … Continue reading Insurance and Autonomous Vehicles in California: How Prop 103 discourages individual ownership

One of the most common problems I faced as the General Counsel for various businesses was attempting to balance the value of legal services provided by outside counsel against the bills we received.

Beginning January 1, 2017, California beauty salons and barber shops in good standing with the State Board of Barbering and Cosmetology can now serve their customers up to 12 ounces of beer or 6 ounces of wine