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Business Law Archives

FCC Adopts New Rules Related to 5G Networks

5G network.jpgRecently, the Federal Communication Commission (FCC) announced that it was adopting a new set of regulations. The new rules are meant to help facilitate the development of faster 5G networks. In a unanimous vote, the commissioners agreed to pass the plan put forth by Chairman Tom Wheeler. This is an important development for many telecommunications companies. The hopes are that new networks will spring up quickly, as the potential benefits for businesses and consumers could be wide ranging.

What Is the Strong-Arm Clause?

strong arm clause.jpgThe United States Bankruptcy Code includes a 'strong-arm clause' which gives a bankruptcy trustee or debtor in possession (DIP) important powers. Known as avoidance powers, they can give the trustee or DIP the authority to resist certain creditor claims. This most frequently occurs when a company enters into an agreement with a creditor immediately before the company enters bankruptcy. While those pre-bankruptcy agreements are still enforceable against the debtor company, they will need to be considered within the context of the claims of competing creditors.

What Are Legal Options for Cybersquatting Victims?

cybersquatting.jpgCybersquatting, also referred to as domain name squatting, occurs when a person or entity purchases a domain name for the sole purpose of attempting to profit off of the goodwill that was built by another brand. The cybersquatter will often try to take that domain name and sell to the company who owns the related brand, generally at a steep price. If your business has been affected by a cybersquatter, you have legal options. However, these cases are notoriously complex. You need to get your case in the hands of a business law attorney who has experience handling domain name litigation.

Involuntary Business Dissolutions in California

Involuntary Business Dissolutions.jpgA business may find itself facing a major internal strife. In some cases, controlling directors may be deadlocked, or involved in another seemingly irresolvable dispute. Eventually, these internal issues will cause tremendous damage to the value of the company. At this point, shareholders may need to take action in order to protect their interests. Forcing an involuntary business dissolution is sometimes the only way for a shareholder to protect their rights. If you are a shareholder in a company facing an internal dispute, and you believe that involuntary dissolution may be necessary, you need to contact an experienced San Jose business dissolution attorney as soon as possible.

The Perishable Agricultural Commodities Act (PACA) and Bankruptcy

PACA.jpgThe Perishable Agricultural Commodities Act (PACA), which was passed in 1930, regulates the sale of fruits and vegetables. PACA covers a wide variety of situations, including what happens in the event that a produce buyer goes bankrupt. The Act provides sellers with powerful tools to collect payments and also has major ramifications on the creditors that lend to businesses that are within the scope of the regulations. California is one of the nation's leading producers of fruits and vegetables and it is critical that creditors within the state understand how PACA might impact their rights. If you have any questions about PACA and bankruptcy, please contact an experienced San Jose business bankruptcy attorney for immediate legal assistance.

Nondischargeability Actions: Claims Based on Intentional Wrongful Acts

creditor-rights.jpgThe primary purpose of bankruptcy is to allow a business, or an individual, an opportunity to get a fresh start. Throughout bankruptcy, highly burdensome financial obligations can be restructured so that a more sustainable path forward can be found. Accordingly, most forms of debt are dischargeable in bankruptcy. However, there are some cases in which some types of debt may be deemed non-dischargeable, specifically when a debt was incurred by fraud or through willful and malicious conduct. Creditors can take legal action to protect their rights to recover these kind of debts. If you have any questions or concerns about nondischargeable debts, please contact an experienced California creditors' rights attorney for immediate assistance.

When Can You Get a Relief from a Stay?

creditor rights.jpgWhen a business files for bankruptcy protection, they are generally granted an automatic stay. This stay temporarily protects the firm that filed for protection from most legal actions that could be taken by a creditor. This could include the halting of a foreclosure, halting any garnishment or putting a stop on any other type of debt collection activity. However, there are some scenarios where a creditor may be able to get relief from an automatic stay. If you have questions about motions for a relief from a stay, or automatic stays in general, please contact an experienced San Jose creditors' rights attorney for immediate assistance.

How Are Contract Ambiguities Resolved?

contract-dispute.jpgMany contract disputes arise over ambiguous terms. If you find yourself in this situation, you need to take swift legal action to protect the interests of your business. An experienced San Jose business contract disputes attorney can help. In many cases, resolving an ambiguity in a contract becomes extremely complex. It is important to understand the basic steps that are required by California law in order to attempt to reach an equitable resolution.

California Business Contracts: What Is Fraudulent Inducement?

business-fraud.jpgIn California, it is unlawful to engage in deception in the effort to induce another party into entering into a contract. Deceptive acts during the negotiation of a contract could lead to a legal claim known as 'fraudulent inducement'. Put simply, if your company was intentionally misled into signing a contract, you have legal options. To learn more about fraudulent inducement, please contact an experienced California fraud litigation attorney for immediate legal assistance.

California Shareholder Rights: Close Corporations

shareholders.jpgA close corporation is generally a mid-sized or small company that has a low number of shareholders. By operating as a close corporation, these companies are able to receive certain exemptions from corporate regulations. However, there are still many protections available for the shareholders of these corporations. If you believe your shareholder rights have been violated, an experienced San Jose business litigation attorney can help.

  • 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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