Category: Business / Commercial Law
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How a Business Can Improve Debt Collection
One of the most frustrating areas of maintaining a successful business is collecting on receivables. It has been said that “a sale to a customer is no more than a gift, until the payment for it has been collected and gets deposited in the bank.” Many businesses learn this truth the hard way, generating great…
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Appellate Court Holds That Attorneys Fees Not Recoverable Even Though Credit Application Contained A “Prevailing Party Attorneys Fees” Clause
Many businesses rely on a credit application for the terms and conditions of its sales to its customers. Often the credit application is the only document that the customer actually signs. Relying on invoices, purchase orders, bills of lading, delivery tickets and the like that are not signed by the customer in the ordinary course…
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The Biggest Things to Look For When Buying a Business
Learn how to go about finding the perfect business to jump into, and start making your mark. | Real Estate Attorney Oakland, California
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What is the Appropriate Leasing Term for you?
Signing a commercial lease is a significant commitment for most businesses. Whether negotiating or renewing a commercial lease, it can be difficult to determine the best lease term for your business. Many companies settle for a “standard” 5-year term, which may be appropriate. But there are factors to consider that could make a shorter…
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Non-Disclosure Agreement Do’s and Don’ts
We live in a highly competitive business environment, which pits people against firms, and major corporations against small businesses. When negotiating transactions, individuals and companies must prevent unauthorized disclosure of their trade secrets and proprietary information, which is so vitally important in such a competitive business environment. One of the ways for professionals and firms…
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Res Judicata Cannot Be Used to Shield Fraudulent Debtor Behavior
In the recent case of Wells Fargo Bank, National Association v. Weinberg, the Court set an important precedent that applies to the amendment of judgments to add individual debtors as alter egos of the corporation: “The doctrine of res judicata1 did not bar the amendment of a judgment to add an alter ego2 as…
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Court Limits Scope Of Guarantor Waivers
Note to readers: This brief post covers only one key aspect of this important case. There are other ramifications for contractual relationships that could impact you. Check with us for more details if you have an interest, or any concerns. In the recent court case of California Bank & Trust v. Del Ponti, the court…
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How Far Can Brief Ubiquitous Language Go in Trademarks?
“Brief ubiquitous language” refers to small parts of a well-known trade name.Trademark questions often land on gray areas in the legal space. Can it go too far?
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California’s New “Yelp” Bill Empowers Consumers
Consumers should feel safe leaving bad reviews, nixing work for Fremont commercial attorneys. A contracts attorney Oakland law firm describes the “Yelp” Bill.
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Creditor Rights and Commercial Law Concerns Over Bitcoin
Bitcoin is a virtual currency that has exploded in popularity over the past year. Invented in 2008 and made widely available in 2009, this software allows people to make payments directly between peers, without interference from or reliance upon any central monitoring group. Perhaps the biggest attraction of Bitcoin is its complete lack of…
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To Obtain Summary Judgment On A Contract Dispute, All Elements Of Breach Of Contract, Including Damages, Must Be Established
A plaintiff’s lawyers must think through all possible actions and results before selecting a course of action in commercial contract litigation.
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Forbearance Agreements Do Not Violate California Usury Laws
If your judgment debtor is offering to pay you a fee to forbear collection of your judgment, rest assured the forbearance agreement is not usurious. In the recently-decided case, Bisno v. Kahn, 14 C.D.O.S. 4439 (April 25, 2014), the Court made clear that a forbearance agreement is a separate contract, wholly separate from a judgment…