With rapid advances in technology comes the need to protect, secure and police intellectual property rights, the currency in the digital marketplace. From artists to businesses, musicians to public figures, intellectual property rights create and protect brand identity and trade, safeguard new products and concepts and provide a source of income. Whether these works are…
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Shareholder Disputes
A dispute between the Company and a shareholder can cause significant tension and unrest. These types of disputes can take many forms related to company management, operations and dealings among shareholders and the company. These disputes include: • Shareholder actions against executive management; • Breach of fiduciary duty; • Minority shareholder rights; • Executive compensation…
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Contract Disputes
Whether business to business or between individuals, contracts are the basis of a business agreement that encourages confidence in a business relationship with another party. Business disputes often involve allegations of breach of contract. What is a Breach of Contract? A failure to perform on a contract altogether is less common than disputed claims, or…
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CORPORATE FORMATION BASICS
The excitement of starting a new business and preoccupation with practical business concerns frequently means owners overlook proper corporate formation and documentation. It is natural to be preoccupied with the company's products or services and to overlook basic formation and legal issues altogether. Before forming a new entity, the following requires consideration: • …
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CAPPED COMMISSIONS
As a sales representative for a computer software company, Richard received an annual salary and sales commissions as determined by a compensation plan that was part of his contract. There was a specific formula for how commissions were to be calculated, but language in the plan gave the company broad authority to make a final…
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THE MARITAL DEDUCTION
The federal estate tax marital deduction is one of the most important estate planning tools available to a married couple. The basic marital deduction rule is that, upon the death of the first spouse, the value of any interest in property passing to the surviving spouse is deducted from the decedent spouse’s gross estate. This…
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FREELANCERS’ ARTICLES ARE NOT FREE – Los Angeles Business Lawyers
The U.S. Supreme Court has given a victory to freelance authors of newspaper and magazine articles, and a defeat to some major publishers of their work. The publishers hired the authors as independent contractors who would contribute articles to what is known in copyright law as a “collective work,” that is, a newspaper or magazine.…
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AGE DISCRIMINATION IN EMPLOYMENT
The combined effects of an aging population and a sluggish economy have led to an increase in lawsuits alleging age bias in the workplace. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in the employment of persons who are at least 40 years old. The ADEA covers most private employers of 20 or…
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“CYBERSMEAR” LAWSUITS
The free wheeling give and take in various online forums is leading to more defamation claims by individuals and businesses. Given that so many online speakers are anonymous, however, Internet service providers sometimes become trapped between the speaker and his offended subject. Before the alleged victim can seek redress, the perpetrator must be identified, and…
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HOMEOWNERS’ INSURANCE: THE DEVIL RESIDES IN THE DETAILS
Reading and understanding all of the language in a homeowners’ insurance policy are not formalities to be skipped over while searching for the signature line. As with any contract, the fine print can have real and lasting consequences, and its contents will control over any contradictory verbal assurances. Taking the time to understand the terms…
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