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 …

In this article, we will focus on topics relating to the purchase price, including the use of digital currency as an alternative to fiat currency, the use of non-cash considerations, purchase price adjustments, and earnout mechanisms. Learn More Wide Blog

Encore Law corporate law partner, Ara Babaian, has been named a Super Lawyer for the seventh year in a row. Learn More Wide Blog

By Muhammed T. Hussain, Esq. As the world has learned to live with the COVID pandemic, so have the courts. But, just as with restaurants and salons, the courts have implemented numerous changes to deal with the pandemic. Even though there seems to be a light at the end of the tunnel in 2021, it is likely that the COVID restrictions will stay in place through the end of …

by Ara Babaian, Esq. Until now, to be eligible to invest in most private securities offerings, an investor must meet the longstanding definition of “accredited investor” which was tied to an investor’s net worth or income level.  In changes adopted by the Securities and Exchange Commission (the “SEC”) on August 26, 2020, that definition now has been modernized to take into account an investor’s financial sophistication.  This is an exciting …