When you are moving your business into a new space whether an office, industrial or retail location, there are a number of decisions and protections you’ll want to consider before signing a lease agreement with a landlord. The lease agreement comes in many forms and every situation is unique, which is why it’s important for you as the tenant to review the document with a qualified business or real estate attorney. Keep in mind that lease terms are always negotiable. You can assume that the document presented to you by the landlord favors the landlord and of course in many... READ MORE

As business owners, sometimes there are clients out there who may try to get out of paying you by contesting a charge for your products or services on their credit card, claiming it as “fraud” to their card issuer or bank. It’s frustrating to think that a customer would go to this extent to not pay you, but it does happen in business. Here’s what you should know and how best to handle a situation like this. Credit card companies don’t control your contract Regardless of what the credit card company does with the charge, whether they credit the customer’s... READ MORE

Solid legal structures, which include a business entity and customized contracts, are essential for business success. There are several types of business structures in the U.S. Each structure has different tax, income, and liability implications for businesses owners and their companies. Accountants are a good resource when determining the type of business entity. Sole Proprietorship Sole proprietorship is the simplest organizational structure available for businesses. A sole proprietorship is just a single person who does business through a fictitious business name. Businesses that typically form sole proprietorships are home-based businesses, shop or retail businesses, and one-person consulting firms. Partnership A... READ MORE

By Jacqueline Schock Each state handles pregnancy and parental leave protections differently, and California has among the most robust collections of these laws. Some well-known federal laws (such as the Family Medical Leave Act) and state laws (such as the California Family Rights Act) set out requirements for larger employers in relation to their pregnant employees and their employees with families. Though these more well-known laws generally apply only to larger employers, there is some pregnancy and parental leave legislation that applies to small employers as well. As this post discusses, two of the most common forms of parental leave... READ MORE

Whether you’re opening a new business in its first location, moving, or expanding, you’ve probably put a lot of thought into the location, building, and unit you’ve chosen. Before you receive a business lease to review, you’ve probably toured many options and spent a lot of time negotiating with the property owner. While you may be tempted to think you’ve already negotiated all the important details and that you can proceed with executing the document, it’s important to take time to carefully review the lease with an experienced real estate attorney, who can help negotiate the lease terms which can... READ MORE

Consulting agreements are like most other agreements for services—they create the terms under which a consulting company will provide said consulting services to its clients. Consulting services can run the spectrum from code audits to financial advising to site selection to staffing, and the agreements should be customized to reflect the nuances of each different business. Beyond the usual contract clauses, and beyond the clauses that should be customized by your attorney to reflect the specific nature of your business, there are a few provisions most consulting agreements should make sure they cover. Scope of Work: Clearly defining the scope... READ MORE

Contracts are a core part of running a company. From formalizing a partnership to hiring employees to selling your product, even down to hiring a plumber to fix your office bathroom, contracts determine the details of how your business does business. Because contracts are so integral to running a company, having experienced corporate counsel who you can reach out to for help with your basic contracts (and who can answer questions about new contracts when they arise) is incredibly important. Though the contracts you’ll run into over the years will be remarkably diverse, they all tend to include a few... READ MORE

Whether you’re starting out with partners or considering adding new people to the ownership structure of your already-successful business, one document you want to make sure you have in place is a buy-sell agreement. An incredibly common source of lawsuits is partnership disputes, and these often arise when someone decides that they want to leave the business. Having a buy-sell agreement in place will ensure that you’re not blindsided when something like this happens. Why You Should Have a Buy-Sell Agreement in Place It’s a common enough story. Two friends know that they work really well together, and they decide... READ MORE

With the prevalence of cell phones, work is increasingly being conducted by and through text messages; for many people, this may even be their preferred form of communication! Texts can be used when setting up coffee or lunch meetings, hashing out details of a plan, checking in with your independent contractors to see if they’re available to help with a project quickly, arranging for a digital influencer on social media to promote your business and products, and to confirm the details of a potential sale! This all begs the question of whether a text message can create a legally binding... READ MORE

Contracts form the foundation of all business. A business uses contracts to form a relationship with its suppliers, contractors, customers, and employees, which act as an assurance that what it has asked for will be completed and that products purchased will arrive in time and perform as advertised. A contract is fundamentally an agreement between two or more parties that’s legally enforceable. However, a contract does not have to be written in order for it to be enforceable by law. Contract Basics In order to create a valid and enforceable contract, there must first be a mutually recognized offer, clear... READ MORE