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Business Law Archives

California Breach of Contract: Tortious Interference Explained

contract-dispute.jpgIn California, it is unlawful for a third party to intentionally interfere with a commercial contract that has been agreed upon by two other parties. Indeed, this type of misconduct is known as tortious interference. Victims of tortious interference can bring a legal claim to hold the third party liable for any damages that they have sustained because of the contract breach. Here, our experienced San Jose business contract dispute lawyers discuss what you need to know about California tortious interference claims.

Five Things that Must Be Addressed in a California Franchise Agreement

franchise.jpgFor franchisees, their franchise agreement is the fundamental foundation of their investment. If you are considering putting your hard-earned money into a franchise in the Bay Area, it is imperative that you have a well-crafted franchise agreement. Your agreement must be clear and it must adequately protect your legal rights and business interests. Here, we list five critically important issues that must be addressed in your California franchise agreement.

Set-Off Rights Can Protect Some Creditors

creditor.jpgBusiness bankruptcy cases are challenging for all parties involved, including the creditors. This especially true for businesses that became a creditor without ever actually lending money. For instance, when a company enters bankruptcy, it often has active accounts payable or accounts receivable with other companies. This leads to some businesses becoming creditors in bankruptcy without ever engaging in the traditional lending business. It can also create a situation where a company both owes money and is owed money, by a company in bankruptcy. This creates a very confusing legal situation. Fortunately, a concept known as 'set-off rights' found under Section 553 of the Bankruptcy Code can help to clarify the situation.

Understanding a Creditors' Right to File for Bankruptcy Protection

creditors rights.jpgIn the vast majority of cases, companies voluntarily file for bankruptcy protection. While bankruptcy is generally associated with providing protection to debtors, it also provides some important legal protections for creditors. Indeed, creditors even have the right to file an involuntary bankruptcy petition. By doing this, creditors may be able to force a company into bankruptcy. While this does not happen often, the right to do so is incredibly valuable for creditors. As such, it is important to discuss what you need to know about involuntary bankruptcy petitions.

Tech Startups Must Consider the Value of Their Intellectual Property

start-up.jpgBeyond being home to some of the biggest tech businesses in the world, the Bay Area remains a top location for startups. As was reported in a study from the Ewing Marion Kauffman Foundation, a nonprofit organization focused on promoting entrepreneurship, San Francisco and San Jose-Sunnyvale-Santa Clara are both ranked among the top-ten regions in the United States to start a tech company. Of course, forming a new company comes with many challenges. Here, our Silicon Valley business law attorneys focus one of the most important aspects of starting a new tech company: Intellectual property rights.

Understanding Fraudulent Transfers in California

fraud.jpgDebtors are not allowed to 'give away' their assets in order to protect those assets from creditors. This is an issue in many bankruptcy cases, as some debtors try to find ways around the system. It is critical that creditors are fairly protected from any fraudulent transfers. Fortunately, California law offers creditors vital protections under the Uniform Fraudulent Transfer Act (UFTA). If you are a creditor in California, and you believe that a debtor has fraudulently transferred assets that you had a legal claim to, you need to contact an experienced San Jose creditors' rights lawyer attorney as soon as possible.

FCC Extends Import Information Waiver for Six More Months

FCC.jpgFederal regulations require that companies must comply with many different rules when importing radio frequency devices. One of these rules is a filing requirement. Complying with this filing requirement can produce a tremendous amount of paperwork. Though, in the summer of 2016, the filing requirement related to the import of devices was temporarily suspended. Recently, the FCC has announced the extension of the Form 740 Import Information Waiver for another six months. For now, this waiver is set to run until June 30th, 2017.

So long, farewell: Closing your LLC or corporation

All good (and bad) things must come to an end. Whether you have decided to close your business because you are struggling financially or you are simply ready to retire and relax for a while, you may not be aware that there are certain steps to follow to legally dissolve your LLC or corporation.

Supreme Court Rules for Samsung in Major Patent and Copyright Infringement Case

smart-phone-lawsuit.jpgThe Supreme Court of the United States has ruled in favor of Samsung in their dispute with Apple. The case involves allegations of both patent and copyright infringement. This decision, which was unanimous (8-0) overturns a lower court ruling that had awarded Apple more than $390 million in damages. At this stage, the case will now go back down to a Washington D.C. federal appeals court for reconsideration on the issue of damages.

Protecting your personal assets from your business creditors

Owning your own business was a long-time dream, and you made it come true. Nevertheless, you probably felt nervous about the amount of money at risk, particularly if you took out loans to get things started. Perhaps your spouse expressed concern that, if anything should go wrong with the business, the creditors would take the house and the personal bank accounts.