Business Formation

Blog Posts

  • What Are The Stages Of Business Litigation? November 24, 2017 California business litigation is a long and complicated process. It is important to have an experienced litigator assess your case and review your lawsuit complaint to ensure that the process is done correctly from the start. This blog post goes…
  • Can Partnership Disputes Be Avoided? November 24, 2017 Even some of the biggest and most successful companies have faced their share of internal struggles and disputes among those who were there from the beginning. Some are able to overcome their disputes after a period of disagreement, while other…
  • Drafting Your Employee Handbook November 24, 2017 What policies should my employee handbook include?All Texas employers should craft an employee handbook that sets out the business' policies, expectations of employees, procedures, and benefits. You can use your handbook as a means of reaching out to…
  • California deans still lobbying to lower the bar for new lawyers November 22, 2017 The July 2017 California bar exam results are out and the results are a big relief to many applicants. The passing rate for first-time takers from ABA-accredited schools increased to 70%, a five-year high and a big increase over last year's 62%…
  • Massive Derivative Suit Settlement for Alleged Management Failure to Prevent Sexual Misconduct November 21, 2017 The news headlines have been dominated in recent days by appalling revelations that leading politicians, entertainers, political candidates and others have engaged in sexual harassment, assault, and even worse behavior. As these stories have emerged,…
  • Age Discrimination Complaints Must Be Specific November 21, 2017 Discrimination Protection: The Age Discrimination in Employment Act forbids age discrimination against employees who are age 40 or older. Discrimination based on age involves treatment by an employer when an employee is treated less favorably because…
  • "Other Insurance" Issue is Not the Policyholder's Problem November 20, 2017 When two or more insurers' policies potentially cover a single loss, "other insurance" questions can arise. Over the years, courts have developed a number of rules of the road to apply when multiple policies potentially cover the same loss. But these…
  • Women-owned Businesses On the Rise in Texas November 20, 2017 How can the SBA help my woman-owned business succeed?Data recently released by the Texas comptroller reveals that the number of women-owned businesses is at an all-time high in Texas. Between the years 2007 and 2016, the number of women-owned…
  • Snow in Oslo November 18, 2017 The D&O Diary's European assignment continued this week with a stop for meetings in Oslo. On the flight to Oslo from Stockholm, it was clear from looking out the window that it had snowed overnight in Norway. Skies were clear and the sun was…
  • Do We Need One EIN or Two? November 18, 2017 This post is the result of an email exchange that I had with a foreign entrepreneur. He raised a question that I had not previously considered: When should a business have one EIN (Employer Identification Number), and when should it have two? One EIN…
  • The Effects of Tax Reform on Charitable Organizations November 18, 2017 Although the tax reform bill just passed by the U.S. House of Representatives retains the income tax deduction for individuals who make contributions to charitable organizations (i.e., organizations that are tax exempt under Section 501(c)(3) of the…
  • Health Care Power of Attorney in Waukesha, WI November 17, 2017 In order to help our client's gain valuable insight into the conversations one must have with their health care agent, we routinely offer the following publication as a handout. The handout we use is from The Center for Public Representation,…
  • Human Resource Department – Does My Company Need One? November 17, 2017 Silicon Valley companies have human resource (HR) departments to manage employment issues. HR departments both limit the company's exposure to legal liability for employment-related claims and facilitate the timely resolution of workplace disputes.…
  • November in Sweden November 15, 2017 The D&O Diary is on assignment in Europe this week, with the first stop in Stockholm, Sweden's capital city. Given Stockholm's Baltic climate and northern latitude, November is not necessarily the optimal month to visit Stockholm. In fact, the…
  • Do I Really Need an Attorney? November 15, 2017 I can't count the number of phone calls I have received over the years from people who begin their conversation with, "I'm not sure I need an attorney…" Do you always need one for every situation in life? Probably not. After all, every sniffle…
  • Guest Post: What Corporate Directors Need to Know about Cybersecurity November 14, 2017 David M. Furbush David M. Lisi Cybersecurity issues are currently at the top of the agenda for corporate boards. In the following guest post, David M. Furbush and David M. Lisi of the Pillsbury law firm review what corporate directors should…
  • Seeking to Repeal the Federal Estate Tax – The Sequel November 14, 2017 In 2001 President George W. Bush tried to repeal the federal estate tax. He was successful — but only for one year, 2010. Then during the administration of President Obama the federal estate tax returned. Under the new estate tax law the rate of…
  • Guest Post: The SEC and ICOs: Winter is Coming November 14, 2017 John Reed Stark As I noted in a recent post (here), the business pages these days are full of headlines about Initial Coin Offerings (ICOs). Among many issues swirling around ICOs one is the question of how the offerings fit within the overall legal…
  • Guest Post: Second Circuit: Price Impact Evidence Not Always Necessary to Establish Market Efficiency November 12, 2017 A recurring issue in securities cases involves the question of when plaintiffs may rely on the presumption of reliance under the fraud on the market doctrine. To invoke the presumption plaintiffs must show that the defendant company's securities…
  • What Can I Charge As A Business Expense On My Taxes? November 10, 2017 For California business owners, knowing what expenses are deductible from tax liability is not just a sound financial strategy. It can also prevent criminal liability for tax fraud and other white collar crimes. Ensure that all your financial and…