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Business
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Preparing to Sell Your Business

Preparing to Sell Your Business If you are like most entrepreneurs, your business is more than your income stream: it is your life. You have poured countless days and nights into delivering quality to your customers, increasing your market share, capitalizing on new opportunities, weathering bad quarters, and have done all of this at the Read More

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Can I force my employee to sign a non-compete agreement? Will it later be enforceable?

I am always surprised to hear about California employers forcing their employees to sign non-compete agreements as a condition of employment. This is likely because most employers are unaware that a non-compete agreement is unlawful in California unless the agreement falls within one of the narrow statutory exceptions specified in the California Business & Professions Read More

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The Importance of an NDA in Your Business

If you are launching a new product or pitching investors, you need an NDA. Throughout the existence of your business, you have likely developed unique ideas, systems, processes, strategies, and plans that you want kept secret. Your customer and supplier relationships might also require you to keep certain information like ordering history or billing addresses Read More

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The Weinstein Clauses

Have you been contemplating a merger and/or acquisition? If so, you may want to include “Weinstein Clauses” in the purchase and sale agreements. Such clauses require the target company, and/or its equity owners, to represent that, within a specific time period, no sexual harassment or assault allegations have been made against the company’s officers or Read More

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What to Do When an Employee Sues You

It can be unsettling and a little hurtful when, despite the fact that you treat your employees really well, one of them brings a lawsuit against you. Having a lawsuit brought against you can compromise the integrity of your business. While it can be difficult to remain calm in the face of an employee lawsuit, Read More

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Use of Past Salary Justification for Pay Disparity Says California Court

California’s Ninth Circuit reversed a district court ruling in Rizo v. Yovino that held that an employer violated the Equal Pay Act because of its bright-line policy rule of paying new employees 5% more than their prior salaries. The district court agreed with the Equal Employment Opportunity Commission (EEOC), finding that basing compensation on an Read More

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Mergers and Acquisitions: Why Culture Matters  

Mergers and acquisitions as a growth strategy has become popular once again. Like any business deal, the long-term success takes hard work and a strategic approach to creating synergy between companies. It is not uncommon that employees of an acquired company fear losing their jobs, complain about being in the dark, and feel demoralized regarding Read More

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Plan for Succession: Exit Strategies for Your Businesses

Entrepreneurs often live and focus on the highs and lows of launching a new business venture. One key aspect that they often forget is that a decision made on day one of the business can have a huge impact on its last day. While building a business worth a fortune is vital, making sure you Read More

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Corporate Governance: Director and Officer Personal Liability

A career as an officer, director, or shareholder of a corporation brings great opportunity to be a lauded visionary, strategic thinker, and the leader of a profitable venture, with accompanying compensation. That being said, this position comes with great responsibility and the risk of personal liability is real even when proper liability insurance is in Read More

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What to Do When a Shareholder Dies

When a shareholder of your corporation dies, it can spark a lot of questions, such as who gets his or her remaining shares? If a relative inherits them, can you control to whom they go and that person’s subsequent role within the corporation? Can existing shareholders buy out the deceased shareholder’s shares? At Garcia & Read More

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