Archive for the ‘Business Disputes & Lawsuits’ CategorySan Diego Business Owners: What You Can Do To Reduce the Risk of Employee LawsuitsFriday, May 14th, 2010As a San Diego business owner, are you taking any steps to minimize risk of employee lawsuits? One obvious way to help avoid employee lawsuits is simply to have happy employees. For instance, sometimes tension is created because of a flawed management approach. In ManagingEmployees.net, longtime business manager and blogger Pat Brill explains that effective managing means finding a balance between your focus on employee performance and establishing a connection with employees. (more…) Tips for San Diego Real Estate InvestorsFriday, April 23rd, 2010If you’re a real estate investor here in San Diego, how much do you know about Limited Liability Companies and corporations? For those who own or will be buying investment properties (e.g. residential or commercial rental properties), you may want to create a California Liability Company (LLC) or corporation. These business structures can be used to hold ownership of your real estate, instead of having title to the property in your own name. What happens if you keep property titled under your personal name? If you’re sued and lose the case, then your personal bank accounts and other assets can be used to pay off a judgment. But if you create an LLC or corporation, then typically only the property in the name of the company will be subject to these debts. (more…) What You Should Know if You’re Bringing a New Co-owner into Your San Diego BusinessFriday, April 23rd, 2010You may be thinking of growing your San Diego business by adding another co-owner. Maybe this person will bring needed resources to the business, or has the connections, skills, or knowledge to boost or expand your business. You’re probably cautious about who to bring in as a co-owner, and you might not be sure of what criteria to focus on. Professional consultant Mary Abbajay writes in her blog about “The Partnership Paradox: How to Choose a Business Partner.” She suggests that you first look at yourself, because this will help you identify the things you need in a business partner. This includes examining your own goals, strengths, and weaknesses. Abbajay then suggests a few more questions to ask, including: (more…) President Obama Proposes Small Business Tax Incentives for Hiring: The Legal Issues You Can’t Ignore if Your San Diego Business Hires New EmployeesTuesday, February 9th, 2010In his first State of the Union address, President Obama proposed a temporary tax credit that can fuel job growth through small business hiring, and this may prove to be a great incentive for local San Diego businesses that have been thinking about bringing on another employee. The Wall Street Journal’s Elizabeth Williamson reports on more of the details of the President’s plan, as revealed a few days after delivering the State of the Union address. As things stand now, the Small Business Jobs and Wages Tax Cut, one of the White House’s main small business proposals, will provide businesses a $5,000 tax credit for each net new employees hired in 2010, and start-up businesses can receive half the tax credit, all subject to a cap of $500,000 as a way to make sure that most of this tax credit is used by small businesses. (more…) Should You Be In the Business of Keeping Secrets? How a Non Disclosure Agreement Can Protect San Diego EntrepreneursThursday, December 10th, 2009A 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 BusinessWednesday, December 9th, 2009If 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…) Protect Yourself From Personal Liability: You’ve Filed as a California LLC or Corporation, but is that Enough?Friday, August 7th, 2009Many San Diego businesses choose to incorporate or set up an LLC (a limited liability company) to take advantage of the benefits offered by these business structures, including protection of your personal assets from company debts and lawsuits. California courts take the division between a corporation or LLC and its shareholders, members, officers, and directors seriously-and recognize that protection from personal liability is a legitimate reason to form a corporation or LLC. Even if courts generally don’t “pierce the corporate veil,” it can happen, but there are things you can do to help prevent putting your personal assets at risk. (more…) Trademarks Matter – What Has Your California Business Done to Protect its Brand?Monday, July 13th, 2009Over the years, Woody Allen has protected the use of his image, such as in his recent case against American Apparel, the California clothing company that, as the New York Daily News recently explained, used Woody’s image on billboards without his permission. Now the famed director is suing for $10 million. As Woody Allen continues on with his efforts to protect his “brand,” have you thought about what you should be doing to protect your San Diego trademark? It’s important to create and register trademarks for products and servicemarks for services. Registration will set your business apart from the competition and protect your brand, something that’s especially important in today’s economy. (more…) Are You Making the Most of Your Assets? Dealing with Disagreements over Co-Owned Real Estate in CaliforniaFriday, June 12th, 2009Co-ownership of California real estate is common, whether you purchased property with a friend or business partner, or you just happened to inherit property with someone else. While co-ownership can have its advantages, it’s not always the best investment for you. What do you do if you can’t agree with co-owners on the best use for the property, on whether to sell, or when someone isn’t living up to his or her obligations? If things can’t be settled, California law generally allows a co-owner to force a sale of the real estate through what’s known as a partition action, allowing you to receive proceeds from the sale based on your share. You and the other co-owners may even agree to a buy-out. (more…) |
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