Encore Law associate Durdana Karim, Esq. discusses issues in filing and protecting a trademark and setting up a woman-owned business. #whoruntheworld!

By Ara Babaian, Esq. and Durdana Karim, Esq. This is the third article in a series addressing some of the mechanisms used to allocate risks inherent in M&A deals. In our last article, we discussed limiting liability for buyers and sellers in merger and acquisition (M&A) transactions by performing due diligence, using representations and warranties, and including indemnification and limitation of liability provisions in an asset purchase, stock purchase …

By Patty Chen, Esq. When two or more people form a business, they usually share similar goals in the beginning.  But, as the business develops, the owners’ shared vision may begin to differ.  Normally, these differences do not lead to a lawsuit.  However, if these differences lead to one or more of the business owners sustaining some form of liability or loss, they may want to sue the other …

By Muhammed T. Hussain, Esq. When individuals agree to join forces to start a business (or purchase an existing one), there is usually trust amongst the owners at least in the beginning.  However, in a small number of cases, one or more of the owners begin to suspect the other of fraud or stealing, also known as embezzlement.  Discovering the embezzlement early is important, as sometimes the theft of …

Encore Law associate Durdana Karim, Esq. discusses issues in starting and structuring a business on The Avanti Woman Podcast. Learn More Wide Blog

By Muhammed T. Hussain, Esq. Plaintiffs (mostly creditors) often have a hard time getting defendants to the settlement table early in litigation, even though the defendant clearly owes plaintiff the money.  This can lead to lengthy litigation of the action (including discovery, deposition, and probably a few motions) which can result in costs and fees that may eclipse the amount owed.  Additionally, given the backlog in the courts caused …

By Patty Chen, Esq. With the new year, new California laws went into effect. These new laws generally continue and expand upon California’s more generous views towards employees.  The California legislature has modified or extended exemptions and exceptions to existing law. It clarified the requirements that employers must meet to satisfy the exception for prohibiting “no-rehire” provisions in employment settlement agreements. The existing exemptions to the “ABC” test also …

By Patty Chen, Esq. As the world grapples with the ever-changing landscape of the global coronavirus pandemic, California employers also have had to adapt quickly to the ever-changing requirements and laws related to dealing with an employee who potentially contracted coronavirus at work. Employees who contracted coronavirus at work and meet specified requirements may have a workers’ compensation claim.  Additionally, employers now must meet specific requirements to notify, record …

In our last article, we discussed the purchase price considerations typically involved in mergers and acquisitions (M&A). In this article, we will focus on provisions that protect the buyer or seller against current or contingent liability, including performing due diligence, and drafting representations and warranties, indemnification provisions, and limitation on liability provisions, as well as limiting liability through disclosures made in a disclosure schedule. These provisions provide a mechanism to analyze and mitigate risk for both the buyer and seller in an M&A transaction. Learn More Wide Blog

By Patty Chen, Esq. Misclassifying employees and independent contractors can lead to steep penalties and consequences. Doing so has resulted in million-dollar settlements for some companies. As one example, on January 17, 2020, Power Design Inc. agreed to pay $2.75 million to settle a lawsuit alleging it misclassified 500 electrical workers as independent contractors instead of employees. There have been significant changes to how employees and independent contractors are …