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Business Blog

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances.  No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

Lessons Learned from PGA Caddies’ Lawsuit

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February 22, 2016

As an avid golfer, I follow the PGA Tour rigorously. A recent lawsuit involving the PGA Tour and professional caddies certainly caught my eye and it may provide employers with tools to help keep more money in their pockets (Hicks et al v. PGA Tour Inc., CV15-00489 (N.D. Cal., filed Feb. 2, 2015)). A class […]

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Negotiating a Successful Commercial Lease

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February 3, 2016

Many business owners have started 2016 off by negotiating new space for their business. This is exciting, but can also be quite stressful – especially if you are considering leasing space under a long term lease agreement. Here are three considerations to help make sure your new space provides your business an opportunity for a […]

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House Passes Permanent Bonus Depreciation Bill

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July 14, 2014

Friday morning, the House passed, by a bipartisan vote of 258-160, H.R. 4718, a bill that would restore and make 50% bonus depreciation permanent. This allows businesses to write off 50 percent of their capital investments, including equipment purchases, in the first year instead of depreciating all the costs over time. It has been in […]

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New More Stringent Building Codes Go Into Effect July 1, 2014

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May 12, 2014

CalGreen is expanded to include: Residential • All low-rise, high-rise, and hotel/motel buildings of R occupancy* (effective January 1, 2014) • All multi-family buildings with three or fewer habitable stories above grade (Groups R-1 and R-2)** Non-Residential • All new construction • All additions of 1,000 square feet or more • Alterations/valuations of $200,000 or […]

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New Bill Allows California Corporations to Adopt Emergency Powers

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December 6, 2013

Assembly Bill 491, effective January 1, 2014, amends several provisions of the California Corporations Code to allow both nonprofit and for-profit California corporations to take certain actions in anticipation of or during an emergency in order to conduct the corporation’s ordinary business operations and affairs. We strongly encourage all our clients that have corporations, whether […]

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Succession Planning after ATRA 2012 – Government Shutdown

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November 11, 2013

Last month we were in the middle of a 16 day government shut down and a looming default on debt payments. The Treasury Department had said that the government would run out of cash to pay its bills on October 17, 2013 if the Debt Limit was not increased.  The plan to fund the government […]

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Succession Planning after ATRA 2012 – Affordable Care Act

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October 14, 2013

In this blog post, I will focus on looking at the tax effects of the Affordable Care Act rather than ATRA 2012.  As most of you know, there are a tremendous amount of moving parts to the Affordable Care Act.  There are a few things you should be considering from a tax perspective: 1)    Affordable […]

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Succession Planning after ATRA 2012 – Captives With Exit

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September 16, 2013

Throughout the previous blog posts, we have been examining the use of a Captive Insurance Company – specifically, Internal Revenue Code Section 831(b) small insurance company captive to save current taxation.  In summary, you can self-insure company risks and pay premiums to your own wholly owned insurance captive.  Instead of paying tax on profits, you […]

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Succession Planning after ATRA 2012 – Life Insurance

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In the previous blog, we examined the use of a Captive Insurance Company – specifically, Internal Revenue Code Section 831(b) small insurance company captive to save current taxation.  In summary, you can self-insure company risks and pay premiums to your own wholly owned insurance captive.  Instead of paying tax on profits, you receive a deduction […]

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Succession Planning after ATRA 2012 – Investment Opportunities

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The Captive Insurance Company – specifically, Internal Revenue Code Section 831(b) small insurance company captives, is a unique tool to reduce current taxation.  You can self-insure company risks and pay premiums to your own wholly owned insurance captive.  Instead of paying tax on profits, you receive a deduction for premiums.  Your Section 831(b) small insurance […]

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Medical Loss Ratio Q&A

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January 21, 2013

  Thank you to Maniaci Insurance Services, Inc. for providing the following information about the healthcare reform timeline for 2013 and 2014.   Maniaci Insurance Services, Inc. is an independent, multi-service, insurance brokerage and counseling firm.  As benefit advisors, representing all major insurance carriers, Maniaci Insurance Services, Inc. can assist you in determining real solutions to your benefit […]

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Healthcare Reform Next Steps

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January 15, 2013

  Thank you to Maniaci Insurance Services, Inc. for providing the following information about the healthcare reform timeline for 2013 and 2014. Maniaci Insurance Services, Inc. is an independent, multi-service, insurance brokerage and counseling firm.  As benefit advisors, representing all major insurance carriers, Maniaci Insurance Services, Inc. can assist you in determining real solutions to your benefit needs […]

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2013 Rings in Plethora of New Employment Laws

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January 14, 2013

Range from Wage & Hour to Social Media Privacy 2013 ushered in numerous employment laws that will significantly affect California employers, with topics ranging from wage and hour to social media privacy.  Employers should review their policies, practices, and employee handbooks to ensure compliance with these requirements, which, unless otherwise noted, went into effect January […]

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Trade Secrets & Employees-Part Two

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November 20, 2012

Part Two: Strategies for Employers Losing Key Personnel to a Competitor   When a high-value employee quits, there may be a chance that he or she could misappropriate the company’s business trade secrets.  This can be exacerbated when a competitor hires the departing employee.   In part one of our series about trade secrets and […]

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Trade Secrets & Employees

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Part One: Lawfully “On-Boarding” a Competitor’s Employee   I recently attended a symposium focused on trade secrets and litigation trends surrounding the loss of key personnel to competitors.  In California, it is well established that an employee has a right to leave an employer at any time. Non-compete clauses are not enforceable against employees in […]

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Should I Sue?

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October 31, 2012

Imagine you have the most amazing case. If you sue, there is little doubt that you would win. The facts appear perfectly aligned for you. But should you sue? Among the most important investigations you should commit to is a credit check (an asset search and financial investigation) of the defendant. In other words, does […]

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The Cautionary Tale of Entering Into a Private Loan with High Interest

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October 3, 2012

In these difficult economic times, some are providing loans to distressed businesses and individuals at high interest rates. Based on a recent experience, I caution lenders to ensure their interest rates are legal. As you will see, there are some expensive pitfalls for breaking usury laws. Usury is the charging of interest in excess of […]

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Senate Bill 1060 Extends Anti-Deficiency Protection To Refinance Loans

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September 26, 2012

Homeowners who have resisted refinancing despite the low interest rates for fear of risking personal liability in the event of foreclosure will soon have cause to celebrate.  Starting January 1, 2013, a new law enacted in California will protect homeowners who default on their refinance loans from personal liability for any deficiency following a foreclosure. […]

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Series LLC An Innovative Option to Forming Separate LLCs for Multiple Businesses or Properties

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September 19, 2012

There is a relatively new and exciting form of limited liability company (“LLC”) that has been attracting owners who own multiple properties.  This form of LLC is the series LLC (“Series LLC”). A Series LLC is a limited liability company that has separate series under the umbrella of a parent LLC. Each series insulates the […]

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Insurance Companies Required to Pay Overtime to Adjusters

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July 30, 2012

A California court has ruled insurance companies must pay their insurance adjusters overtime. Pursuant to Wage Order 4-1998  and Wage Order 4-2001, regulations promulgated by California’s Industrial Welfare Commission (ICW), as well as the Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999 employers do not have to pay overtime to administrative employees. Interpreting the statute and […]

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Where Did My Settlement Go?

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July 12, 2012

There was a point in time when you could settle an injury claim (e.g., automobile accident, slip and fall), and all you needed to worry about was your lawyer’s share of the settlement fund.  That’s changed over the years, and among other things, you now need to consider whether a Medicare Set-Aside is going to […]

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Summer — A Great time to Review and Update Employment Practices

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July 6, 2012

Last week we heard the news of an improved economy because the July 5 report from the Labor Department and ADP, Inc., indicated that new jobless claims fell by 14,000 from the previous week and the private sector added 176,000 jobs in June.   The very next day we heard that the  economy was still stagnant […]

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California Employers Must Provide Meal & Rest Periods, But Do Not Have to Ensure They Are Taken

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June 13, 2012

The California Supreme Court released its much anticipated decision regarding the requirements for meal and rest breaks for non-exempt employees.  The decision in Brinker Restaurant Corp. v. Superior Court, No. D049331 (April 12, 2012) provides employers some needed clarity for a number of employment issues regarding the scope and timing of meal and rest breaks. […]

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