Settlement Agreements: How to Document When You Dissolve Your Business or a Partner Leaves
It is important to document when a partner or co-owner leaves a business or when a business must be closed or shut down entirely. Even if there is no compensation offered, you will need to document the withdrawal of a partner or...
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Selling a Company vs. Selling the Assets of the Company
When buying or selling any business, the first question to ask is what kind of entity is currently operating the business and what is being sold: the entity itself or just the business’ assets? If the business is currently being operated...
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Reviewing a Prenuptial (Premarital) Agreement in California
Because prenuptial agreements are viewed very skeptically by judges, due to the penchant for abuse by one spouse (with a higher income or asset base) taking advantage of the other spouse, it is always advisable to have an attorney review a prenuptial...
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Purchase and Sale Agreements in Dissolving a Company After Bankruptcy
Though we have discussed in previous posts that purchase and sale agreements can be used either to purchase some or all of the assets of a business or acquire an entire company, one context in which either kind of sale commonly takes place...
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Protect your LLC with an operating agreement
The internet abounds with countless instances in which business arrangements have come to an end as the result of disagreements, particularly when friends or family members are both owners of a business, whether it is a partnership, a limited liability company,...
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Proposed Merger Agreement Approved by Shareholders: Los Angeles Bank merges with Wilshire Bancorp, Inc.
BBCN Bancorp, Inc., the holding company of BBCN Bank, a Los Angeles headquartered bank with approximately $8.1 billion in assets and 50 branches nationwide, and Wilshire Bancorp, Inc. jointly announced in July 2016 that each company’s shareholders have voted to approve a...
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Non-Compete Clauses in the Sale or Dissolution of a California Company or Partnership
Generally speaking, non-compete provisions are invalid in California, though they are valid in many other states. California is a labor-friendly state and does not want employers to be able to restrict former employees’ ability to earn a living. So in most cases,...
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License Agreement Allows Use of Patented Technology
Tandem Diabetes Care, Inc., a medical device company based in San Diego, California, that develops and manufactures products for people with diabetes who use insulin, recently entered into a license agreement with TypeZero Technologies LLC, a “digital health and personalized medicine...
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Joint Venture Agreements versus Partnerships in California
Joint ventures, which allow companies and individuals to combine resources for the purpose of pursuing a specific business project, are distinct from partnerships which conversely provide for an ongoing business enterprise. Furthermore, in joint ventures, each party has the ability to...
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Important Considerations in Drafting Reseller Agreements
On July 26, 2016, Systems Applications Products (SAP) and Ricoh Innovations Corporation (RIC), a technology company headquartered in California’s Silicon Valley, announced that the two companies had signed a global reseller agreement to allow SAP to resell RIC’s image recognition platform as an...
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How to Give Equity to a Service Provider in California
A common consideration for business owners, especially for owners who have just started their business or are still in the startup phase of development, is whether or not to give a service provider equity in the business as opposed to paying them...
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How Representation Works in Shareholder Agreements, Operating Agreements and Other Company Founding Documents
Many people do not realize that an attorney would have a conflict of interest in representing all or even some of the owners of a company in drafting or reviewing the founding document(s) for a company. It is perfectly acceptable for one...
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