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Business Law Archives

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.

Court Rules that Debtors Infringed on Creditors' Rights in San Jose Bankruptcy Case

busness-creditor.jpgRecently, the Northern California Record reported that five different debtors made unlawful modifications to their Chapter 13 bankruptcy debt restructuring plans. More specifically, the debtors failed to give proper notice to the bankruptcy trustee and creditors. Due to this, the creditors lost out on their right to object to the plan. The right to object is a valuable tool for creditors and it must be protected. If you are a California creditor and you have questions about your right to object, please contact an experienced San Jose creditors rights attorney today to discuss your legal options.

California Creditors' Rights: Executing a Judgment

creditor-rights.jpgIn many cases, creditors are forced to go to court to seek a judgment against a debtor. Once you obtain a judgment, the debtor may simply decide to pay you what is owed. If so, that is great. However, this is often not what happens. In fact, getting a legal judgment is often closer to the beginning of the debt collections process than it is to the end of it. There is good news: a judgment gives creditors many powerful legal tools that can be used to seek repayment. Of course, it is important to understand certain basic information regarding executing judgments in California as a creditor.

California Business Formation: Four Issues You Must Address

business-startup.jpgThere a few things that are more exciting than opening your very own company. Not only are there potential financial benefits for you and your family, but you have the potential to create something that will help change your local community for the better. Of course, it also must be noted that starting a new business is a major challenge. Sadly, many business ventures simply do not work out. You need to be prepared for the risks. Fortunately, you can go a long way towards reducing the risks involved with business formation by working with an experienced San Jose business law attorney. Your attorney can help guide you through some of the common traps. To get you started, the following is a list of four things that every prospective business owner must keep in mind.

Dunkin' Donuts Sued for Trademark Infringement

trademark.jpgWith more than 12,000 locations around the globe, Dunkin' Donuts is one of the world's largest restaurant chains. The company recently expanded into California, opening up its first free-standing restaurants in the Bay Area and in Los Angeles. Now, the company is facing a trademark infringement claim. According to reporting from Reuters, the donut and coffee giant was recently sued by Heartland Consumer Products. Heartland makes Splenda, one of the country's most popular artificial sweeteners.

Three Ways to Avoid and Resolve Business Partnership Disputes

partnership.jpgMany Californians choose to set up their business operations as a partnership. A partnership offers many benefits for the founders. It can be an excellent way to create a sustainable, successful and profitable business. Of course, a partnership will only be able to maximize its potential if the partners are able to work together. If a serious intra-partnership dispute arises, it could potentially destroy the business. It is critical that business partners take proactive steps to prevent disputes. Further, when one does occur, business partners need to know how to protect the legal rights and financial interests of both themselves and their business.

Understanding the Corporate Opportunity Doctrine

fudiciary duty.jpgExecutives, directors, officers, and other corporate agents have a fiduciary duty to their company. In the simplest terms, a fiduciary duty is a legal obligation that requires one to put the interests of another party above their personal interests. This duty comes in many different specific forms. For corporate officers, one important form of fiduciary duty is known as the corporate opportunity doctrine. Essentially, this doctrine is an application of the fiduciary of duty of loyalty. More specifically, it means that corporate agents are not allowed to take any business opportunity for themselves that could have benefited the corporation. In the event that your business interests have been negatively affected by a corporate officer's violation of the corporate opportunity doctrine, please reach out to an experienced San Jose business litigation attorney today to discuss your legal options.

My California Business Is Being Sued; What Should I Do?

business lawsuit.jpgWhen facing a lawsuit, there is no need to stress out. After all, it is not uncommon for a business to face civil legal action. Lawsuits can come from a number of different parties, including a customer, a supplier, a current or former employee, or even another company. Regardless, there are steps you can take to protect yourself. In order to best protect your legal rights and financial interests, it is imperative that you contact an experienced San Jose business litigation attorney as soon as possible.

  • 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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