1. California’s Take on Non-Compete Agreements

    It is a common refrain by executives, managers, and employees generally: Can my former employer really enforce the non-competition agreement I signed when I first joined the company? The answer, as is often the case in the legal realm, is yes, no and maybe. California, unlike many other states, has laws against “restraint of trade.” In the case of a person who leaves a company, Business & …Read More

  2. Blockchain-Based Filing System in the Works

    Delaware is known as one of the business incorporation capitals of the country and now has new regulatory plans in the works. In October of this year, Delaware plans to launch a proof-of-concept for a blockchain-based business filing system that will allow corporations to take advantage of smart contract technology to automatically track collateral assets such as stocks in real time. Doing so will…Read More

  3. Are Independent Contractors Employees?

    Whether a worker is categorized as an “employee” or an “independent contractor” has far-reaching implications. Among other things, a business must comply with numerous state and federal statues and regulations governing wages, hours, and working conditions when it comes to employees, but do not face such requirements for independent contractors. This often results in an employer attempting…Read More

  4. Why Do I Need a Custom Operating Agreement When I Can Just Get a Standard One?

    The importance of a custom Operating Agreement may not be known until it is too late. More often than not, business partners who are getting ready to launch their new business may get caught up in the excitement of the launch and can sometimes neglect establishing the strong legal foundation that will protect their interests when the need arises. Usually business partners are individuals who know …Read More

  5. Goodwill

    Goodwill is a familiar term that most of us have heard and read about, and believe that we have a basic understanding of. Despite its familiarity, few business owners have a clear sense of what the term means or understand its application and legal implications for their businesses. There is probably good reason for this as goodwill is not a tangible item, as is, say, a piece of equipment; nor is …Read More

  6. General Contractors: What to Include in a Home Improvement Contract

    You have agreed to do some remodeling work for a homeowner.  They seem really nice and innocent.  So, you decide not to waste time with a written contract.  Worse yet, you don’t even have a basic home improvement contract.  You think, these are nice people, what can go wrong?  Short answer is, a lot can go wrong.  You could lose your right to get paid for all the work, end up in court, und…Read More

  7. Out of State Brokers and the Interstate versus Intrastate Commerce Conundrum

    If you are a motor carrier broker located outside of the State of California, and you contract with carriers in the State of California to transport loads for shippers, you may at some time or another have to balance whether or not you should register as a California business.  According to the California Corporation Codes, any business that conducts “repeated and successive transactions of bus…Read More

  8. Can a trademark include a mark that’s already registered within it?

    It depends on how the registered mark is used and how arbitrary or fanciful is the registered mark. In short, if no one will confuse your mark with the registered mark, then you likely will be fine. For example, “Target” is registered by Target Brands, Inc. in association with various retail department store services. However, because “target” is a common English word, use of the word “t…Read More

  9. A Road Less Traveled – Marijuana in the Transportation Workplace

    Currently, 29 states and the District of Columbia have legalized marijuana consumption, either medically, recreationally, or both.  The rights regarding possession and consumption vary from state to state, with some states allowing possession up to 24 ounces (Oregon), down to 1 ounce (Alaska).  The implications of legalized consumption of marijuana and its impact in the workplace remain relative…Read More