July 29th, 2011
California is one of the most ADA (Americans with Disabilities Act) compliant states in the country. However, it also generates a large number of ADA-enforcement lawsuits. If you own a business, you should be aware that if your commercial space (whether owned or rented) does not meet all legal requirements for accessibility by disabled people, your business may be sued.
Most disability access lawsuits are brought over a lack of handicapped parking, inaccessible restrooms, and problems with entryways. Common targets are stores, motels, restaurants, and office buildings. If a court finds that your business violated disability access laws, your business will be required to pay up to three times the amount of the handicapped person’s losses, with a minimum of $4,000, plus attorney’s fees and costs, even if the violation is extremely minor. It does not matter if you did not even know about the violation, or if you knew about it but could not afford the building changes. Your business can still be required to pay and to fix the violation. Read the rest of this entry »
Posted in Access, ADA Compliance, Business Real Estate, Running a Business
July 29th, 2011
The Value of a Trademark
Have you ever noticed a little ™ or ® symbol at the last part of a company’s logo? That tells you that the company is using a trademark to protect their brand. Because consumers often recognize and select products by brand, a trademarked brand can have significant value to the business that owns it. Read the rest of this entry »
Posted in Running a Business, Trademarks
June 20th, 2011
The Straddling Library:
In the small town of Derby Line, Vermont stands a beautiful 110 year old Romanesque-style library. The Haskell Library appears to be a typical Vermont library, but its location is particularly strange. The building sits directly on the border of Ontario, Canada and Derby Line, Vermont. You enter the Library in the United States, but walk to the circulation desk, and you’re in Canada. Read the rest of this entry »
Posted in Boundaries, Business Real Estate, Home Ownership, Real Estate
June 17th, 2011
* Please note: If you are an aspiring entrepreneur, San Diego Law Firm may be able to help you start your business! Apply for San Diego Law Firm’s Aspiring Entrepreneur Award today.
A new business is far more likely to succeed if you follow the law at each step. Below are just a few of the legal considerations that should be a part of starting and running your new business.
The Legal Structure: LLC or Corporation?
Setting up your business as a Subchapter C corporation, a Subchapter S corporation, or a Limited Liability Corporation (“LLC”) can protect your personal assets from business creditors in almost all situations, so long as you did not defraud or intentionally harm someone else. A good business attorney can help you decide which type of corporation would work best for your business, and prepare all the paperwork you need to incorporate.
An LLC has few administrative requirements. The owners do not have to elect a board of directors, elect officers, hold annual meetings, or make annual filings, and an LLC can be owned by just one person. LLC’s are therefore very popular with beginning entrepreneurs.
LLC’s and Subchapter S corporations both “pass through” their income to their owners’ tax returns, avoiding corporate income tax. A Subchapter S corporation is often used in a family-run business that needs more access to credit than an LLC usually provides, and that needs to continue uninterrupted if one family member/owner dies or becomes incapacitated.
A Subchapter C corporation is the only type that can provide extensive, tax-free fringe benefits to the owners. A C corporation also permits the owners to leave profits in the corporation, where they are taxed at a low corporate rate, and keep them there until the business is sold. If you set up and then sell a “C” corporation, your total profit on the sale of your small business stock may qualify for the low capital gains tax rate. The disadvantage to a Subchapter C corporation is that profits that are distributed to the owners as dividends (rather than salaries) are taxed twice: once on the corporation’s return, and once on the owners’ returns.
Hiring Employees:
Sooner or later, you may find your business needs one or more employees. As a California employer, you must follow all employment and labor laws in hiring employees, setting their schedules, providing a safe workplace, and more. You will also want an employee handbook, specific to your business, that explains your business policies and procedures to your employees. A carefully prepared and enforced handbook can help you communicate all the information you are legally required to provide to your employees, list out the other material (such as a brochure on worker’s compensation) that all new employees are legally required to receive, and avoid later lawsuits for discrimination, harassment, or labor law violations.
Zoning:
It’s important to know whether zoning laws permit or prohibit your business from operating in your chosen location. Just because previous tenants operated the same type of business doesn’t necessarily mean that you, as a new tenant, will be permitted to open a similar business in the same location. The other business may have been “grandfathered in,” and your business may be treated differently. Zoning laws should always be checked before you buy or lease business property, or start up any business in your home.
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Taking the right legal steps when starting and running a new business can protect your livelihood and help ensure your long-term business success. Our experienced San Diego Law Firm business attorneys provide skilled assistance to all types of new and ongoing businesses. Please call us at (619) 794-0243 to schedule an appointment. We look forward to helping you.
Posted in Starting a Business
May 20th, 2011
If your business offers benefits to the spouses of your employees, you will also need to evaluate what benefits must be offered to California registered domestic partners of employees. Making benefits available to your employees’ domestic partners may be more than a good business practice; it may be a legal requirement.
Generally speaking, two unrelated, single and consenting adults may form a registered domestic partnership in California by living together, meeting certain requirements, and filing paperwork with the state. While it is true that most domestic partnerships are formed by same-sex couples, heterosexual couples where one partner is at least 62 years old may meet the legal criteria as well. Read the rest of this entry »
Posted in Employment, Running a Business
April 1st, 2011
A business may cease operations for many reasons, with today’s economy being just one. Dissolving a business can be an extremely difficult process, both financially and emotionally, especially if there has been a breakdown of the relationship among owners. This is as true for small, two-person businesses as it is for large companies.
Consider the story of a woman who decided to close down her cosmetics company after ten years of operation, as told by the Indie Business Blog in a posting called “A Going Out of Business Success Story.” As the sole employee of her business for many years, Jen Denslow struggled with finding the balance between work and her personal life – so much so her health declined significantly. Ultimately, she decided that closing down the business was in her best interest. Read the rest of this entry »
Posted in Closing a Business, Running a Business, Selling a Business
April 1st, 2011
A home is one of the most valuable items most people will ever buy or sell. But buying or selling a home can be complicated by real estate disclosure laws that affect all persons who are parties to the sale.
Real estate disclosure laws require sellers to tell potential buyers in writing about defects related to the home, including some defects in the surrounding neighborhood that may make the home less desirable or enjoyable. In most states, home sellers only have to disclose problems they are aware of, but the list of things considered “problems” is enormous. For example, as a recent article in the ABA Journal called “Bedbug Disclosure Becomes Part of NY Real Estate Deals” explained, New York home sellers must report whether the home has ever been infested with bedbugs. This was already the law in California, which requires buyers to disclose past or present treatment of “pests.” Read the rest of this entry »
Posted in Business Real Estate, Buying a Home, Buying a Property, Selling a Home, Selling a Property
January 28th, 2011
As a commercial real estate insider recently reported, Google was among several parties interested in purchasing a 2.9 million square foot office building at 111 Eighth Avenue in New York City. The price of the building was estimated to be nearly $2 billion, or $690 per square foot. The owner of the commercial property, who purchased the property in 1998, will likely make a huge return on their investment when the building in sold.
Buying and selling commercial real estate can be complicated, whether the property is worth $200,000 or $2 billion. An experienced commercial real estate attorney can ensure the process goes as smoothly as possible and that you get the best deal. Your attorney can also handle any potential problems with property lines, liens, and other persons’ rights to come onto your new property – for example, to use a road on your property to reach their own property. If you are purchasing equipment along with your commercial real estate, your attorney can make sure you acquire good title to this equipment.
Contracts for commercial real estate differ in many important ways from those for residential real estate. It’s important that the person representing you in the purchase or sale be familiar with commercial real estate law. The attorneys at San Diego law firm are experienced in handling complex commercial real estate transactions. We have the expertise needed to draft and review purchase contracts, effectively negotiate on your behalf, and avoid any complications. If you are considering buying or selling commercial real estate, contact San Diego Law Firm to find out how we can help protect your interests as a buyer or seller.
Posted in Business Real Estate, Buying a Property
December 22nd, 2010
According to a recent Los Angeles Times article over 2 million homes are slated for foreclosure in the United States. However, it is possible to halt a foreclosure in some cases.
The Foreclosure Process in a Nutshell
When a borrower defaults on a loan the lender may seek to foreclose on the property either judicially or non-judicially. In a judicial foreclosure the lender files a court complaint to foreclose on the property. The borrower can answer the complaint by stating any defenses that might exist. If no valid defenses exist, the court orders foreclosure, the property is attached, and the property is sold at a public auction. Read the rest of this entry »
Posted in Foreclosure, Real Estate
December 22nd, 2010
Unlike a corporation, where bylaws regulate how the organization operates, the members of a limited liability company – which functions as a type of partnership – have great latitude to shape the operation of their business. Having a well drafted LLC operating agreement that controls the way the business is managed helps the owners avoid many problems.
Why the LLC Agreement is so Important
An LLC agreement is a contract between the members of the LLC with each other and with the business entity itself. The agreement details how the business is organized, and can grant the members binding powers over daily management issues and give members broad decision-making authority. Because the LLC agreement describes the members’ rights relating to the operation of the company it should be carefully negotiated, put in writing, and signed by all parties. Read the rest of this entry »
Posted in Running a Business, Starting a Business
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