Picture this: you and your business partner(s) are celebrating another successful year for your company. Things are going wonderfully, but something is nagging you. You feel like you and your partners aren’t in control of your collective destiny, and that you cannot prepare for a catastrophic event, only react to it when it happens. With […]
I love football, and I love being a lawyer. At least you and I know that we probably have at least one of these things in common. Football is a uniquely American affair, as is the desire to avoid calling a lawyer until it’s absolutely necessary. Unlike football, there isn’t always “next season” to look […]
The Uber Lawsuit: Why Misclassifying Employees as Independent Contractors Remains a Pitfall for Companies, Both Big and Small.
In April, Uber settled a class action lawsuit with their drivers over being misclassified as independent contractors rather than as employees for 100 Million Dollars. The Uber drivers in California filed a class action lawsuit, alleging that they were actually employees and entitled to the benefits that come with being an employee, namely that Uber […]
Now that I have piqued your attention with my sky-is-falling attitude in my previous entry (link here) let’s get into the specific ways the new(ish) LLC law might affect your existing or new business. Oftentimes, clients come to me with an existing operating agreement that they found on the internet. Here’s a big problem with […]
On January 1, 2014, now more than two years ago, the California Revised Uniform Limited Liability Company Act (RULLCA) went into effect. It’s codified as new Title 2.6 of the California Corporations Code starting with Section 17701. Many existing businesses have been operating as Limited Liability companies for years, some even for decades, without looking […]
When people come to me with their idea for a business, one of the first things I bring up is the buy-sell agreement. Perplexed, my clients ask why I want to talk about selling a business before it’s even come into existence. The answer is, because a buy-sell agreement operates like a prenuptial clause, and […]