News & Analysis as of

California Business Ownership

Weintraub Tobin

Navigating Business Interests as a Fiduciary in California

Weintraub Tobin on

Administering a trust or probate estate is challenging enough—but what happens when you, as a private professional fiduciary, are tasked with managing a business interest? Whether you’re a professional trustee, conservator,...more

Fox Rothschild LLP

When Work Becomes a Family Affair

Fox Rothschild LLP on

At first, it sounds like a dream: hiring your cousin to help with marketing, bringing your sister on as a partner, or giving your son-in-law a “small stake” in the business. It feels easy, natural, and trust-based. But...more

Allen Barron, Inc.

When Do You Need a Tax Attorney

Allen Barron, Inc. on

One of the most important indications of when you need a tax attorney is any dispute with or contact from the IRS or any California tax agency. This is especially true if the matter involves an audit (or questions regarding...more

Hinshaw & Culbertson - Health Care

Beyond the Glow: Key Medical Spa Compliance Challenges and Legal Pitfalls

The medical spa industry is rapidly growing, driven by technological advances and shifting consumer preferences for cosmetic and wellness services. While this growth offers many business opportunities for healthcare...more

Patton Sullivan Brodehl LLP

The “Minority Interest Discount” in LLC Statutory Buyouts

A prior post — Statutory LLC Buyouts – “Fair Value” vs. “Fair Market Value” — covered an unpublished opinion filed in 2021 addressing the difference between the statutory buyout processes governing California corporations and...more

Coblentz Patch Duffy & Bass

San Francisco Voters Enact Business Tax Changes

With support from nearly 70% of voters in the November 2024 election, Proposition M will substantially modify the San Francisco Business and Tax Regulations Code (the “SF Tax Code”), which imposes a number of taxes on...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Rules That Partial Sale of Business Can Bind Seller-Owner to a Noncompetition Agreement

In Samuelian v. Life Generations Healthcare, LLC, — Cal. App. 5th —, 2024 WL 3878448 (Cal. App. Aug. 20, 2024), the California Court of Appeal answered two long outstanding questions of California law concerning the...more

Allen Matkins

Is This Statute The Most Anodyne And Meaningless Provision Of The California Corporations Code?

Allen Matkins on

In 1989, the California legislature added Section 14200 to the California Corporations Code...more

Allen Barron, Inc.

Estate Planning for Business Owners

Allen Barron, Inc. on

What are some of the fundamental issues when estate planning for business owners? Why should every business owner have an estate plan? What are some of the primary issues to address in an effective estate plan for those who...more

Allen Matkins

What To Do When A Business Entity Has Been Wrongfully Begotten

Allen Matkins on

Over the years, I have been frequently called to assist in cases of wrongful termination. Rarely have I encountered the converse - the formation of an entity using a stolen identity.  Fortunately, the Civil Code has created a...more

Davis Wright Tremaine LLP

California Proposes Website Accessibility Law with Significant Compliance Obligations and Liability Risks Nationwide

On June 12, 2023, the California Assembly's Judiciary Committee replaced the full contents of AB 1757 (a bill originally addressing court consolidation) with new legislative language featuring heightened standards for...more

Allen Matkins

Gain Without Regard To Profits Does Not A Partnership Make

Allen Matkins on

It does not take much to create a partnership under California's Uniform Partnership Act of 1994, which defines a partnership as "the association of two or more persons to carry on as coowners a business for profit forms a...more

Patton Sullivan Brodehl LLP

Alter Ego Liability for LLC Managers: the Facts Matter

Alter ego liability is a frequent topic covered in The LLC Jungle — see here for a list of all prior “alter ego” related posts. The alter ego doctrine allows a court to disregard a corporate entity (including LLCs) and...more

Allen Matkins

Is A Spouse Required To Give Prior Notice When A Business Sells All Or Substantially All Of Its Assets?

Allen Matkins on

Section 1100 (d) of the California Family Code provides that, subject to two exceptions, "a spouse who is operating or managing a business or an interest in a business that is all or substantially all community personal...more

Allen Matkins

Owners, Directors, Officers And Managing Agents May Face Liability Under This California Statute - Oh My!

Allen Matkins on

Section 558.1 of the California Labor Code provides that a "person acting on behalf of an employer" may be liable "as the employer" for violating, or causing to be violated, any provision regulating minimum wages or hours and...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Clarifies that a Derivative Plaintiff Must Demonstrate Both “Contemporaneous” and “Continuous”...

In Sirott v. Superior Court, 2022 Cal. App. LEXIS 389 (Cal. App. May 5, 2022), the First Appellate District of the California Court of Appeal (Humes, J.) analyzed the ownership requirements a plaintiff must satisfy to pursue...more

Jackson Lewis P.C.

California Court of Appeal Upholds Enforcement of Non-Solicitation Covenant Based on the Statutory Exception for Transferring...

Jackson Lewis P.C. on

In a recent decision, the California Court of Appeal held that a non-solicitation covenant was enforceable based on an exemption under California Business & Professions Code section 166601. The court stated, “contractual...more

Fenwick & West LLP

Important Updates to Employer Guidance Amid Pandemic

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The last few weeks have seen a flurry of COVID-19-related employment developments across the country and, in particular, California. The state has moved into Stage 2 of its four-stage framework for reopening, which ushered in...more

Holland & Knight LLP

California Agencies Issue Guidance for Dine-In Restaurants and Similar Establishments

Holland & Knight LLP on

Since the implementation of California's statewide stay-at-home order, many have wondered what the long-term future of restaurant operations will look like. As a part of the state's Stage 2 reopening efforts, on May 12, 2020,...more

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