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23 09, 2019

PAGA Is Now a Four Letter Word to Employers

2020-11-06T18:32:50+00:00By |Employment, News, The Advisor|Comments Off on PAGA Is Now a Four Letter Word to Employers

September 2019 “PAGA” is the acronym for California’s fifteen-year-old Private Attorneys General Act. This Act allows an individual, on behalf of himself and other employees, to recover civil penalties for alleged Labor Code violations. It added new civil penalties for all such violations, even if certain Labor Code provisions did not previously authorize civil penalties. [...]

10 07, 2019

FIVE COMMON LEGAL MISTAKES MADE BY STARTUPS

2020-11-06T19:01:38+00:00By |Employment, Intellectual Property, News, The Advisor|Comments Off on FIVE COMMON LEGAL MISTAKES MADE BY STARTUPS

June, 2019   When starting a business, it’s easy for owners to make legal mistakes that can prove costly down the road.  Avoiding these missteps will keep your new venture on the path to prosperity. Over-complicating the Formation. Don’t try to structure your business to accommodate every future contingency.  Instead, design the business to address [...]

10 07, 2019

Residential Leases – An Owner’s Guide

2020-11-06T18:37:30+00:00By |Land Use and Real Estate, News, The Advisor, Uncategorized|Comments Off on Residential Leases – An Owner’s Guide

May 2019   Perhaps you’ve invested in an apartment building as a source of retirement income.  Maybe you inherited a second home from a relative, and are debating whether renting the property is worth the trouble.  No matter the size of your property, or the specifics of your goals or circumstances, the most important thing [...]

12 09, 2018

Alternative Commercial Real Estate Financing

2020-05-13T05:02:43+00:00By |Business, Corporate and Venture, Land Use and Real Estate, News, The Advisor|Comments Off on Alternative Commercial Real Estate Financing

Frustrated by disapproval of a conventional bank loan?  Annoyed by the lack of creative financing options for your commercial real estate investments?  Real estate developers and investors should consider the benefits gained from alternate real estate financing options before pursing their next development. While traditional mortgages remain the most common financing option for commercial real [...]

9 08, 2018

Two California Residential Rental Property Disclosure Laws You May Have Missed

2020-05-13T05:20:39+00:00By |Land Use and Real Estate, News, The Advisor|Comments Off on Two California Residential Rental Property Disclosure Laws You May Have Missed

There are dozens of laws requiring California landlords and property managers to give residential tenants written warnings about hazards and potential hazards associated with the housing environment. In the last twelve months legislation for two more of these laws has taken effect. New Flood Hazard Area Disclosure Effective July 1, 2018, California Government Code section [...]

17 07, 2018

The Benefits of Holding Title to Your Real Estate Investment In a LLC

2020-05-13T05:21:35+00:00By |Business, Corporate and Venture, Land Use and Real Estate, News, The Advisor|Comments Off on The Benefits of Holding Title to Your Real Estate Investment In a LLC

Owning residential or commercial property you rent to others comes with an inherent risk of liability. While maintaining adequate insurance can protect landlords against many conceivable risks, it cannot completely insulate the landlord from liability.  All insurance policies have limits, exceptions and carve-outs.  In some cases injuries to tenants or guests, for example, could result [...]

13 06, 2018

Have You Updated Your Privacy Policies? How the European Union’s GDP Regulation is Impacting U.S. Businesses

2020-05-13T05:22:27+00:00By |Business, Corporate and Venture, News, The Advisor|Comments Off on Have You Updated Your Privacy Policies? How the European Union’s GDP Regulation is Impacting U.S. Businesses

Over the past several weeks, you have probably been receiving e-mail from various online service providers announcing updates to their privacy policies. While these e-mails often claim that they are being done because the organization values your privacy, there is actually a deeper root.  On May 25, 2018, the European Union’s General Data Protection Regulation [...]

10 05, 2018

Employee or Independent Contractor? A New Test

2020-05-14T02:51:10+00:00By |Employment, News, The Advisor|Comments Off on Employee or Independent Contractor? A New Test

In Dynamex Operations West, Inc. v. the Superior Court of Los Angeles County, the California Supreme Court adopted a new standard to determine whether a worker is properly classified as an employee or an independent contractor. The simplified standard, known as the ABC test, looks at three required factors to determine a valid independent contractor who would not be subject to one of California’s wage orders and other employer obligations: [...]

1 05, 2018

Business Planning After the Flood-Legal and Financial Implications

2020-05-14T02:01:30+00:00By |Business, Corporate and Venture, News, The Advisor|Comments Off on Business Planning After the Flood-Legal and Financial Implications

Three months after the devastating Thomas Fire and Montecito mudslides, we continue to see questions regarding disaster recovery, especially from business owners.  Last month’s Advisor covered insurance issues; this month, I want to focus on other strategies for weathering the aftermath of what has been a tough six months for our community.  While insurance is [...]

13 03, 2018

Protect Your Business With Good Records Management

2020-05-13T05:25:29+00:00By |News, The Advisor|Comments Off on Protect Your Business With Good Records Management

At some point, the records management policies and practices of all businesses are tested.  Thus, it is critical that businesses have a comprehensive records management policy and that managers and staff have a complete understanding of such policies and procedures.  Not surprisingly, California law requires employers to keep certain records for specific amounts of time.  [...]

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