Diemer, Whitman & Cardosi, LLP
Call Us Today
408-971-6270

Business Law Archives

California Business Law: Self-Dealing Explained

self-dealing.jpgSelf-dealing is an unlawful business practice that occurs when someone who has a fiduciary duty puts their own personal financial interests above the interests of the organization to which they owe that duty. In California, self-dealing is a form of business fraud. If your business interests have been adversely affected by insider self-dealing, please contact an experienced San Jose business fraud attorney to learn more about your legal options.

Breach of Contract: What Remedies Are Available?

breach-contract.jpgBusinesses rely on other parties living up to their contract obligations. Unfortunately, sometimes the other party will fail to uphold their end of the bargain. Your business needs to be prepared to respond in this situation. California uses a complex combination of state statutes and common law to determine your possible remedies. If you have any questions about breach of contract remedies in California, please contact an experienced San Jose contract litigation attorney for immediate legal assistance.

Is My Competitor Using False Advertising?

false advertising.jpgOne of the more frustrating experiences for a business owner is watching a direct competitor use false or misleading advertising to sell their product or services. Their false advertising can hurt your business. Fortunately, both California law and federal law provide for a potential remedy. You can take action to protect your business from a competitor's unfair tactics. Identifying false advertising can be challenging, so it is important to understand the law. If your Bay Area business has been negatively affected by a competitor's false advertising, or you wish to learn more, please contact an experienced San Jose business litigation attorney immediately.

Executory Contracts and Business Bankruptcy

contract.jpgAn executory contract is simply a contract that has yet to be fulfilled by either party. In other words, both parties to the contract will still have remaining performance obligations. Executory contracts can play a significant role in a business bankruptcy case. If you have any questions or concerns about how an executory contract might impact a bankruptcy case, contact an experienced San Jose business bankruptcy attorney to learn more.

What Is Preference Litigation

preference litigation.jpgPreference litigation refers to a lawsuit that has been filed by a debtor party, or a bankruptcy trustee, in an attempt to seek the return of payments made by the debtor company before it entered bankruptcy. Facing preference litigation is often extremely frustrating for creditors. If you are dealing with a preference claim, contact an experienced San Jose creditors' rights lawyer for immediate legal help.

Unfair Competition and Legal Remedies

Business Competition.jpgThe business environment in the United States can be a ruthless place. Companies that sell similar goods and services to a particular market often spend millions of dollars competing with one another over customers and may even go as far as to engage in conduct that many people would find morally reprehensible if it occurred between individuals. Competition in business often benefits consumers by improving products and lowering prices, so, to some extent, it is encouraged. On the other hand, there are some types of business competition that are blatantly deceptive or amount to theft and, as such, are prohibited by state and federal law.

Significant Impact Legal Advice Can Have on New Business's Potential for Success

business law.jpgStarting your own business can be an extremely rewarding venture, both personally and financially. It is important for potential entrepreneurs to be aware of the fact, however, that even a one-in-a-million business idea that has tremendous potential could easily be derailed by failing to consider the myriad legal issues related to starting and operating a business. Fortunately, by consulting with an attorney familiar with California business law, startup founders can maximize their chances for success and limit their legal liability. Some of the ways a lawyer can help entrepreneurs are detailed below. For specific advice regarding your situation, call our office today.

Legal Concerns When Choosing a Business Entity

Business Entity.jpgWhen an individual or a group of people are considering starting a business, one of the most important issues to address is the type of business entity that will be utilized. Businesses entities are created by state law and include the following types of entities:

Do You Need a Business Lawyer?

business lawyer.jpgMany entrepreneurs or business owners (of small and large businesses alike) are go-getter types of people, are not afraid to take calculated risks, and are accustomed to relying on themselves and their colleagues to make smart business decisions. But in some cases, reliance on an attorney can be important to secure assets, avoid unnecessary risks, and maintain your interests in the courtroom (if it comes to that). Do you need a business attorney? Consider some common scenarios in which legal counsel could be indispensable to your business success:

Tech Startup Concerns Regarding Intellectual Property

intellectual property.jpgIntellectual property (IP) is important to a wide variety of businesses, especially to technological startups. If you are starting a tech company, consider taking certain steps to ensure the best protection of your IP and to avoid future business litigation.

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

Contact Us To Schedule an Initial Consultation.

We are here to assist with your business, real estate and bankruptcy law needs, call 408-971-6270 or complete the contact form below.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy