Recently, the United States District Court for the Northern District of California issued an important opinion in the case of Bell Prods. v. Hosp. Bldg. & Equip. Co. The court ruled that the Federal Arbitration Act (FAA) preempts a California state statute that requires that arbitration proceedings must remain in state. The decision could potentially have significant ramifications for California businesses and contractors who deal with out of state firms.
Federal 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.
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.
The 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.
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.
Contracts are an essential part of conducting business. In fact, every business, from a small sole proprietorship to a large fortune 500 retailer that operates in all 50 states, enters into contracts whenever a customer buys goods or services. Business contracts can cover nearly every aspect of business and can include employment contracts, nondisclosure agreements (NDAs), buy-sell agreements, and purchase orders, just to name a few.
Chapter 9 of the Bankruptcy Code allows municipalities, such as cities and counties to file for bankruptcy. Since 2011, there has been a wave of municipal bankruptcies due in part to the economic recession and also the issue of unfunded retirement obligations. The question is whether municipalities filing for Chapter 9 bankruptcy can reduce their payments to public pensions as part of a readjustment plan.
While the inner workings of your company's human resources staff may seem a mystery even to management, in fact, a properly-functioning HR department serves an essential role in any well-run organization. As federal and California employment law grows increasingly complex, effective HR managers can help keep your business out of legal hot water with the variety of federal and state organizations that oversee the workplace. So what does human resources do? Its functions can roughly be broken down into three categories: human, administrative and strategic.
There are many benefits to hiring an independent contractor for an upcoming project. This can include financial savings, increased flexibility and potentially reduced exposure to lawsuits. But before you decide how to staff a particular job, you must make sure that your choice will satisfy state and federal authorities.
When two or more people engage in business for profit, with or without a formal written agreement, they are partners engaged in a general partnership. Partners have fiduciary duties to each other. Depending on the type of business relationship you have (limited or general) partnership, fiduciary duties will vary. In California, Corporate Code §16404 dictates the fiduciary duties of partners, along with any written terms of agreement between the partners. Fiduciary duties expose partners to liability when they fail to live up to their obligations.