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San Jose Business & Commercial Law Blog

False harassment claims can devastate your career

Recent news is full of allegations of sexual harassment and worse, and powerful men seem to be losing their jobs, their reputations and millions in settlement money rather quickly after accusations become public. While it is unclear to outsiders the exact nature or level of some of these alleged acts, you may be concerned about your future if you are also facing such claims.

If you are certain that the assertions someone made are unfounded, your instinct may be to refuse to acknowledge the charges and ignore the investigation that must necessarily follow allegations of harassment. However, there are steps you can take in an effort to protect yourself.

Bankruptcy Offers Protection and the Opportunity to Restructure a Business

chapter-11.jpgThe term "bankruptcy" is loaded with meaning. When reading it, one might conjure images of a dream gone bust, a life gone wrong, and a hopeless future. Such a grim picture simply does not square with reality, however. The truth is that many individuals and businesses that choose to go through the bankruptcy process go on to experience great success in life and in business.

The cost of doing business: Collecting debts

More than likely, you measure at least part of your business's success by its profits. Your company makes money by providing either or both goods and services to customers. As such, you expect payment in an amount agreed upon between you and each customer.

When you don't receive payment as agreed, your first inclination and action would most likely involve contacting the customer for payment. In some cases, that may work, but in others, the customer continues to withhold payment. At this point, you may need to know your options regarding collecting these debts. Each type of debt collection method involves the increasing need for court intervention.

Resolving a Bay Area Business Contract Dispute

legal dispute.jpgContract disputes are unfortunately an inevitability in the course of doing business over the long run. There are intentional breaches, inadvertent breaches, breaches caused by a third party, and in some cases, contracts that have become impracticable or even impossible for one or both parties to perform.

Seeking out the perfect business partner

If you have a plan for a new business, your head may be spinning with ideas to make your company a success. You may even hope to grow your business into a franchise or simply to expand in your area of California. Whatever your plans, you know you can't do it alone.

Whether you are looking for someone to share the load day by day, or you need someone to partner with you financially, it has to be the right person. Bringing someone on board who clashes with your personality or business philosophy could mean disaster before you even graduate from being a start-up.

Unfair Competition Is Again Relevant in California Business Law

antitrust.jpgThe vernacular used in discussing unfair competition and antitrust in matters of business and commerce is often antiquated. Think, for example, of the term "robber baron," which was used to refer to titans of shipping, real estate, and other industries who acquired vast wealth by consolidating power and influence to thereby virtually control relevant markets. In doing so, the board game Monopoly might come to mind, with its old-time tycoon fashioning a bowler hat and spectacles.

Bankruptcy is an Option for Businesses in California and Beyond

types-of-bankruptcy.jpgBankruptcy is one of those subjects that most people don't know much about because they don't want to know about and even tune out information or avoid the topic altogether. It is a shame because filing bankruptcy can help individuals to jettison debt or craft a viable plan to repay debts. In the Bay Area, a person can begin the process by working with an experienced San Jose bankruptcy attorney to file a petition with the bankruptcy court.

What's the next step if a customer fails to pay?

Although you may enjoy your work, you don't run your business just for fun. In all probability, you depend on it for your livelihood and the support of your employees. That's why one of the most frustrating parts of running a business is waiting for clients and customers to pay what they owe you.

After all, you have bills of your own to pay, so when a customer makes the excuse of falling behind with other creditors, you can certainly relate. However, if your customers' late payments are the cause of your business' financial struggles, you may wonder if there is a way to get your clients to pay more consistently.

Chapter 11 Bankruptcy Plan Confirmation: Feasibility

chapter_11.jpgPerhaps the most important aspect of filing for Chapter 11 bankruptcy protection is crafting a strong, viable reorganization plan. After all, why go through the time and effort of the bankruptcy process if it is not going to fix the underlying problem? Your company needs a strong restructuring plan.

Preference Actions: Contemporaneous Exchange for New Value Defense

bankruptcy.jpgA preference action refers to a lawsuit brought under the U.S. Bankruptcy Code in which a creditor or bankruptcy trustee seeks to get pre-bankruptcy payments reversed. Under U.S. law, bankruptcy courts can automatically review all payments made by the filing business, to any party, within the last 90 days before the bankruptcy petition was filed. Courts have the authority to force individuals and companies that received inappropriate payments to compensate damaged creditors. In this post, our top-rated San Jose business bankruptcy attorneys discuss one of the common defenses that can be used to fight against preference lawsuits: contemporaneous exchange for new value.

  • Santa Clara County Bar Association | 1917
  • American Inns of Court
  • CWL | California Woman Lawyers
  • Bay Area Bankruptcy | Forun
  • The State Bar of California
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