Archive for the ‘Business Disputes & Lawsuits’ Category
Friday, December 23rd, 2011
Your business advertising, including TV and print ads, signage, website, newsletters, and promotional items will typically require artwork. This may be photography, illustration, film clips, graphic design, fine art, or even typography. You can pay to have these items created just for you, but going through multiple drafts to get exactly what you want can be costly. The solution is to buy a “right to use,” or copyright license, for already existing artwork that you’ve seen and approved. Here is how your business can buy the rights you need at the lowest cost, while avoiding copyright infringement that could lead to a lawsuit. (more…)
Posted in Business Disputes & Lawsuits, Copyright
Friday, December 23rd, 2011
One of the most persistent problems in commercial real estate contracts is the tendency of the parties to “agree to agree” on some aspect of a contract at some future time. The problem is twofold: an agreement to agree is not generally enforceable, but both parties to an agreement have the obligation to act in good faith so as not to deny the benefits of the agreement to the other party. If one party detrimentally relies on an “agreement to agree,” and the other party then fails to negotiate in good faith, the result may be that a court makes the “agreement to agree” enforceable on whatever terms it decides would be fair. (more…)
Posted in Business Disputes & Lawsuits, Business Real Estate, Buying a Property, Real Estate
Tuesday, October 4th, 2011
Should California businesses be wary of lawsuits from employees claiming discrimination for being ugly? An economics professor’s recent op-ed in the New York Times points out some of the disadvantages to being less than good-looking, and asks whether protections against discrimination in the workplace and in other areas should include the “looks-challenged.”
Our primary anti-discrimination laws come from California’s Fair Employment and Housing Act (FEHA), the federal Civil Rights Act of 1964 and 1991, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Taken together, these laws cover discrimination based on the usual categories, such as gender, age, race, and religion. They don’t say it’s illegal to discriminate against the ugly, or for other appearance-related reasons. And while there are a few laws here and there outlawing appearance-based discrimination, such as some cities’ local laws (ordinances), for the most part it’s still an open question. (more…)
Posted in Business Disputes & Lawsuits, Running a Business
Friday, October 22nd, 2010
Copyright infringement is not an issue that most business owners are concerned about — until they find they may lose money or get tied up in a lawsuit because of a copyright infringement problem. It is a good idea to know in advance both how to protect your copyrights from misuse by others, and how to avoid infringing on copyrights belonging to other people and businesses.
What Does a Copyright Protect?
Federal copyright laws protect the expression of an idea in one of several formats. These formats include a literary work, graphics, text, and others. If a work is copyrighted, the owner has the exclusive right to display, reproduce, or create derivative work based on the copyrighted work for commercial purposes. (more…)
Posted in Business Disputes & Lawsuits, Copyright
Friday, May 14th, 2010
As 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…)
Posted in Business Disputes & Lawsuits, Running a Business
Friday, April 23rd, 2010
If 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…)
Posted in Business Disputes & Lawsuits, Business Real Estate, Home Ownership, Real Estate
Friday, April 23rd, 2010
You 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…)
Posted in Business Disputes & Lawsuits, Running a Business, Selling a Business, Starting a Business
Tuesday, February 9th, 2010
In 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…)
Posted in Business Disputes & Lawsuits, Current Events, Running a Business, San Diego, Stating a Business, Taxes
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…)
Posted in Business Disputes & Lawsuits, Running a 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…)
Posted in Business Disputes & Lawsuits, Running a Business, Stating a Business
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