The purpose of real estate investing is to convert available credit or capital into an income stream. Investors and businesses may acquire commercial real estate with the intention of placing tenants at the property and collecting rent. Other times, the goal is to buy...
California Business Litigation Blog
A licensing agreement doesn’t eliminate IP violation risk
Intellectual property can help a business compete with other major players in the same industry. Patents allow businesses to improve upon existing processes and products. Copyrighted creations can be sources of revenue or important for company branding. Many...
Buyers Must Make Sellers Prove Signer is Authorized
I bet you thought you could rely on your title and escrow company to make sure that the signatures on a purchase or loan transaction, are valid. In Sam v. Kwan, published on April 19, 2024, when the seller purchased the subject property in August 2014, all the...
3 options for effectively addressing a breach of contract
People sometimes say that contracts are the lifeblood of business. This aphorism stems from the importance of having predictable costs and reliable operational support. Contracts are crucial to the smooth and profitable operation of a business. Business contracts...
Documentation is key to resolving employee lawsuits
Employee lawsuits can be very damaging for otherwise successful companies. It can cost tens of thousands of dollars to defend against litigation. Even if the company prevails in court, any media attention on the lawsuit could damage its reputation as a business and an...
A New Theory of Premises Liability: Negligent Undertaking
If a property owner or major tenant, adopts protective measures, such as security guards, and a visitor is injured, the owner or tenant is liable for the injury only if either (a) the safety undertaking of hiring security guards increased the risk of harm or (b) the...
What causes scope creep?
Contracts create a pretty clear outline when it comes to everybody’s rights and responsibilities in an agreement, which can make a situation confusing when a project or plan changes along the way. This happens more often than many people realize, especially in the...
No Workers Comp? No License. No Money.
In Lee v Cardiff, a Contra Costa appeal released for publication on August 11, again a contractor was caught claiming his employees were independent contractors in order to avoid paying workers compensation insurance premiums. The contractor was ordered to repay...
3 of the top reasons employees file lawsuits against businesses
Every new hire at an organization is a potential source of organizational liability. Workers can mistreat each other, leading to harassment claims. They can make mistakes that lead to customer or client complaints. They could also eventually take the company to court,...
Has a former worker violated a confidentiality agreement?
Many businesses in California have a vested interest in protecting their trade secrets. Information ranging from proprietary manufacturing processes to supplier lists can give an organization a competitive edge and help it remain profitable. Whenever organizations...