The financial meltdown that began in 2008 caused a lot of finger-pointing: who was to blame and why? Although the list of potential culprits is long and varied — from bank deregulation, to the increased use of credit default swaps and other hyper-complex financing structures, to a “play…
A California Court of Appeal recently ruled that a non-compete given in connection with the sale of a business was unenforceable. Fillpoint, LLC v. Maas, 2012 Cal. App. LEXIS 904. Specifically, the Court held that because the non-compete period began on the date of the employee’s termination from…
One of the most common questions I get asked by entrepreneurs is, “How should we structure our new venture?” Although it sounds like a simple question, there is no one-size-fits-all simple answer. The three most common business structures — partnership, LLC, and corporation — all come with…
Inc. magazine recently ran a series of articles discussing some of the major issues involved in the sale of a business. The series gave a basic overview and also provided some practical strategies and checklists that can be used throughout the sale and closing process. You might find this…
Ever since the passage of the federal JOBS Act earlier this year, entrepreneurs and startups everywhere are talking about “crowdfunding.” But what is crowdfunding, and why is everyone so excited about it now? Basically, crowdfunding describes the collective effort of individual investors who pool their resources, usually via…
In Sparks v. Vista Del Mar Child Services, the California Court of Appeal held that the mere existence of an arbitration clause in a lengthy employee handbook — without more — does not create a binding, enforceable arbitration agreement between employer and employee. In Sparks, the employer utilized…
Today, SF Mayor Ed Lee joined with his political rival to announce a grand compromise for overhauling San Francisco’s business tax that will result in a single measure going before voters in November. If approved, the ballot measure will change how the city levies its often-criticized business tax, which…
Whether a fired employee is eligible for unemployment in California depends on whether the employee’s conduct constituted “misconduct” within the meaning of Section 1256 of the California Unemployment Insurance Code. If the wrongful conduct rose to the level of “misconduct,” then the employer may be successful in challenging…
In Deleon v. Verizon Wireless, LLC, the California Court of Appeal clarified when a commission advance may be “clawed back” by an employer. The answer depends on whether the advance payment was fully earned when advanced (which made the payment a wage which could not be clawed back)…
The U.S. Supreme Court today upheld the Patient Protection and Affordable Care Act. By a vote of 5-4, the Court ruled that the part of the law that requires everyone to buy health insurance or pay a fine – the so-called “individual mandate” – is constitutional because it…