Posted on October 5, 2015 by Julie Brook, Esq.
An attorney drafting an agreement has an obligation to represent the client zealously and to prepare a contract that maximizes the client’s legal and business advantages. But does this mean that an attorney may include provisions that are extremely onerous to the other side? Continue reading
Filed under: Business Law, Legal Ethics, Legal Topics, Practice of Law | Tagged: attorney ethics, contract, contract drafting, contract provision, unconscionability, unfair contract | Leave a comment »
Posted on August 19, 2015 by Julie Brook, Esq.
If your business client accepts credit or debit card payments, it’s subject to the Payment Card Industry Data Security Standards (PCI DSS), which consists of a set of industry tools and measurements to assist in the safe handling of sensitive information. Complying with PCI DSS requirements can be very complicated. To make it a bit easier, here’s a checklist that breaks down the twelve general requirements. Continue reading
Filed under: Business Law, Legal Topics | Tagged: Payment Card Industry Data Security Standards, PCI DSS, PCI compliance, credit card security, debit card security, accepting credit cards | Leave a comment »
Posted on August 12, 2015 by Julie Brook, Esq.
Ambiguity in any writing is annoying, but in a contract it can be devastating if you wrote it, because any ambiguity in a contract is likely to be construed against you. Here are some ways to avoid ambiguity in your next writing. Continue reading
Filed under: Business Law, Legal Topics, Legal Writing, New Lawyers | Tagged: ambiguitous contract provisions, contract drafting, contract interpretation, legal writing | 2 Comments »
Posted on August 10, 2015 by Julie Brook, Esq.
Trade secrets are not necessarily outed in litigation. There’s a conditional privilege that protects owners of trade secrets from being forced to spill their secrets. Continue reading
Filed under: Business Law, Civil Litigation, Evidence, Intellectual Property, Legal Topics | Tagged: confidential information, evidence, litigation, privileges, trade secret privilege, trade secrets | Leave a comment »
Posted on July 22, 2015 by Julie Brook, Esq.
From time to time, attorneys are asked to serve as corporate directors or officers. Watch out—there may be some serious perils involved for the attorney and his or her law firm. Continue reading
Filed under: Business Law, Legal Ethics, Legal Topics, Practice of Law | Tagged: attorney ethics, board of directors, conflict of interest, corporate board, corporate director, corporate officer | Leave a comment »
Posted on July 17, 2015 by Robert Denham, Esq
Suppose a debtor denies owning a home and then gives a false address so creditors don’t find out about the home. Can the debtor still claim the homestead exemption in bankruptcy? Continue reading
Filed under: Bankruptcy Law, Estate Planning, Legal Topics | Tagged: bankrutpcy, creditor, debtor, homestead exemption | 1 Comment »
Posted on June 29, 2015 by CEB
The following is a guest blog post by Michael J. Thomas, a solo practitioner and founder of Creative Vision Legal, a Bay Area law firm offering legal services tailored to artists, musicians, and small business owners.
Finally, there’s been a case that substantively interprets California’s new LLC law, RULLCA. The case highlights a key remedial feature that distinguishes RULLCA from its predecessor, and clears up statutory ambiguities regarding the law’s effective date. Continue reading
Filed under: Business Law, Legal Topics, New Legal Developments | Tagged: California Revised Uniform Limited Liability Company Act, limited liability company, LLC, RULLCA | 1 Comment »