Many businesses start the same way: a conversation, a shared vision, and a handshake. When family is involved, trust often replaces formal agreements. Things often run smoothly in the beginning, until a lack of clarity starts to surface, and the effects reach your team, your clients, and the business overall. As the business grows, informal arrangements can create confusion around ownership, roles, and decision-making. And when something changes such as a disagreement, a new partner, or an unexpected life event, those gaps can quickly turn into conflict. Where things can break down Ownership interests become unclearContributions (time, money, ideas) are... READ MORE

Strategic partnerships can be a powerful way to grow your business. Whether you’re collaborating on a product, co-hosting events, or combining services, the upside is clear. What’s often less clear is who owns what—and how the money is shared. From a legal standpoint, that’s where problems tend to begin. Who Owns The Intellectual Property? If your partnership creates something new, a brand, content, program, or product, you need to define ownership upfront. Without an agreement, both parties may claim rights, which can stall growth or lead to disputes. Ask early: Who owns what is created together?Can either party use it... READ MORE

With tariffs and trade tensions dominating headlines, many U.S. businesses—especially those in manufacturing and distribution—are bracing for the financial ripple effects. Sudden shifts in international trade policy or government regulation can upend even the best-laid business plans, increasing costs overnight and throwing contracts into chaos. A recent issue with one of our clients brought this into sharp focus. We’re now advising businesses to proactively update their force majeure clauses to include specific language addressing tariffs, embargoes, and regulatory changes that could render performance commercially impractical or unsustainable. Traditionally, force majeure clauses were designed to excuse performance during unforeseeable events like... READ MORE

California is once again leading the way in labor protections, this time with the Freelance Worker Protection Act (FWPA), which takes effect on January 1, 2025. If your business hires freelance workers, it’s time to prepare for significant changes in how you engage with independent contractors. Here’s what you need to know about the FWPA and how to ensure compliance. The Basics of the FWPA The FWPA establishes baseline protections for freelance workers and applies to contracts worth $250 or more. These protections include requirements for written contracts, timely payment, and anti-retaliation measures. Inspired by a similar ordinance enacted in... READ MORE

In the realm of business transactions, a Letter of Intent (LOI) plays a vital role in outlining the preliminary terms of a deal before parties engage in detailed negotiations and due diligence. Used across various contexts—such as business acquisitions, real estate transactions, leases, and loans—LOIs can help facilitate a clearer understanding of the parties' intentions. However, while LOIs can be advantageous, they also come with potential pitfalls. Below, we explore the benefits, disadvantages, and common pitfalls to consider when using an LOI. What is a Letter of Intent? A Letter of Intent serves as a framework for a future agreement,... READ MORE

Online interactions are the norm for anyone doing business today. As businesses use websites and mobile apps to connect with their audience, there are certain responsibilities that businesses have to follow not only as required by law but to ensure a positive relationship with customers. Two key areas: Privacy Policies and Terms & Conditions - often get confused, but both serve distinct roles with different focuses. Let's explore the differences and why both are essential, especially in the context of laws that may apply. What is the Purpose of a Privacy Policy?A Privacy Policy functions as a detailed disclosure of... READ MORE

A severance agreement is a release to be signed by an employee whose employment is separated in exchange for payment of money (or other consideration). This can be an effective tool to protect a company from future lawsuits and other risks. Below we discuss legal requirements when using a severance agreement as well as specific provisions that should be included in the agreement to protect the organization. Legal Requirements When Presenting A Severance Agreement Whenever severance agreements are used there are certain legal requirements that must be followed. As a preliminary matter, in order to be enforceable, the employee must... READ MORE

Just like large companies, small businesses can leverage the opportunities that joint ventures can provide to thrive in today’s economy. Entering into a joint venture with other businesses and entrepreneurs could open the doors to gaining access to more capital, offering more services to clients and may help many small businesses thrive in today’s business landscape. In this article, we will explore some essential tips and considerations before entering into such partnerships. Reasons For Entering A Joint VentureEntering a joint venture can be a strategic move for small businesses to leverage the advantages that collaboration and partnership bring. By tapping... READ MORE

Artificial Intelligence (AI) has revolutionized various industries, including creative services like marketing, graphic design, website development as well as legal services. One key question that arises is whether a professional needs to disclose the use of AI in their work. As legal jurisdiction and case law have yet to fully play out exactly where things may go, in this article, we delve into the topic and provide what we believe to be best practices in a new world as more professionals use AI in their business. Understanding What AI Is and How It Can Be Used AI technology has been... READ MORE

As a small business owner, it's essential to understand the legalities surrounding credit card fees to avoid any potential legal issues with your clients. Recently, a question was raised where a client was charged for credit card fees and the client claimed that it is illegal to charge for those fees in California. Here’s the background and how it may apply to your business. While the California Civil Code Section 1748.1 prohibits retailers, including service providers, from imposing surcharges on customers who choose to pay with a credit card, it also allows retailers to offer discounts to encourage payment by... READ MORE