san diego lawyers

Archive for December, 2009

Should You Be In the Business of Keeping Secrets? How a Non Disclosure Agreement Can Protect San Diego Entrepreneurs

Thursday, December 10th, 2009

A non disclosure agreement (NDA), often called a confidentiality agreement, protects your business’s information when it isn’t generally known to the public.  Time and time again in the business world, there’s financial incentive to make sure you keep your secrets well…secret.  For example, well before Sarah Palin’s book was released, it was widely known that San Diegan Lynn Vincent was Palin’s ghostwriter, so why didn’t the press manage to get any information from her before the book’s release?  Not surprisingly, Vincent’s lips were sealed by a non disclosure agreement, reported San Diego Union Tribune columnist Diane Bell.  Just as Palin’s publisher uses all tools available to protect its own interests, your business likely has confidential information that gives you a competitive advantage over others, such as: (more…)

The Buy-Sell Agreement: The Key to Protecting Yourself and Your San Diego Business

Wednesday, December 9th, 2009

If you own a San Diego business with more than one owner, do you know what will happen to the business if one of your business partners wants to sell his or her share, or decides that it’s time to retire – should anyone be allowed to take that co-owner’s place?  What if instead a co-owner divorces, becomes disabled, or dies – will that business partner’s spouse or other family members suddenly become new owners, and how can that affect the business?  A buy-sell agreement (also called a buyout agreement) answers these and other important questions by detailing how ownership will be restructured once certain events occur.  For each business partner, the potential benefits of creating a buy-sell agreement are seen from two perspectives: if your partner leaves, the buyout agreement can promote business continuity and protection for you during this transition; on the other hand, if you decide to leave, the agreement can plan for your own exit or retirement, and can help protect your family in the event of death or disability.  (more…)

Mere Homebuyer’s Remorse or Did the Seller Fail to Disclose Defects? California Homebuyer Protections & Problems After Closing

Wednesday, December 9th, 2009

“Let the buyer beware” – before California and other states set up certain homebuyer protections, these words haunted many purchasers who discovered major defects with their home after moving in, and were left without recourse against the seller.  Under the harsh legal principle of buyer beware, a seller has no legal obligation to disclose defects to the buyer.  That’s not to say that sellers are protected when they actively cover up hidden defects or make false representations, but if, for example, the seller simply failed to mention that the home is prone to flooding or landslides, then the burden is on the buyer to discover defects.  While this is still the law in some jurisdictions, California and many others have abandoned this principle and now impose legal obligations on the seller in order to protect homebuyers.  (more…)


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