Archive for the ‘Business Disputes & Lawsuits’ Category
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
Friday, August 7th, 2009
Many 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…)
Posted in Asset Protection, Business Disputes & Lawsuits, Running a Business, Stating a Business
Monday, July 13th, 2009
Over 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…)
Posted in Business Disputes & Lawsuits, Running a Business, Stating a Business, Trademarks
Friday, June 12th, 2009
Co-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…)
Posted in Business Disputes & Lawsuits, Business Real Estate
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