If you are a bankruptcy trustee, then you have a fiduciary duty to creditors and debtors. That being the case, a mistake at any point in the process could expose you and the bankruptcy estate to liability. Because bankruptcy law and procedure are very complex, it is...
When you're starting a business, the decisions you make early in the process are extremely important because your choices now will have effects throughout the life of the company. You'll have to decide how the business will be structured, and the type of entity you...
In Mano-Y&M Ltd. v. Field (In re Mortgage Store, Inc.), 2014 U.S. App. LEXIS 22981 (9th Cir. Haw. Dec. 5, 2014), the Ninth Circuit explicitly rejected the control test's flexible, equitable approach and embraced the pure "dominion test" adopted in Universal Serv....
Mergers and acquisitions can do a lot for a company's bottom line. As we have noted in past blogs, where the facts indicate two businesses working together can perform better and the value of each can be increased, combining forces may make sense.However, such deals...
We recently discussed a number of changes in California employment law that will take effect in 2015. One of the major changes requires employers to provide paid sick leave to qualifying employees. On the heels of that legislation comes another proposal that would...
Bankruptcy and other insolvency-related matters can be extremely complex, especially if there are many parties involved. Whether you're a creditor, debtor or trustee, a single slip-up could expose you to costly liability, and it is crucial that you have experienced...
If you're an entrepreneur in California, then you're undoubtedly aware of the abundance of potentially profitable technology being developed throughout the state. Much of the research that leads to ground-breaking technology happens at universities, and many tech...
Starting in 2015, employers in California will have to comply with a number of new laws. One of the major changes comes in the Healthy Workplaces, Healthy Families Act of 2014. The law requires that employers give qualifying employees paid sick leave.To qualify for...
Whether a worker should be classified as an employee or an independent contractor often depends on how much control the alleged employer has over the worker's behavior. While specific employment agreements and contracts differ, an employer generally has the right to...
Employment contracts for high-level employees typically have to address a wide variety of issues, including base salary, stock options, bonuses, benefit plans and non-compete provisions. It is in the best interests of the employee and the employer to ensure that the...