Directors' and Officers' Fiduciary Duties When Corporation Insolvent
Jun 01, 2020
When a company becomes insolvent, there are changes in the duties owed by the company’s officers and directors. Specifically, insolvency can trigger a fiduciary duty from the company to its creditors....
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Corporate Distributions and Dividends During the COVID-19 Pandemic
May 26, 2020
When can distributions be made to shareholders? Can shareholders demand a corporate dividend? Introduction COVID-19 is having a once in a generation impact on businesses and their operations. During t...
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Alter Ego Doctrine Can be Applied to Two or More Corporations
May 21, 2020
Some time ago, we wrote about the alter ego doctrine where an individual can be found liable for a corporation's debts. See our prior article (linked below) on the alter ego doctrine, commonly known a...
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Was a Contract Formed in the Sale of a Business?
May 20, 2020
Understanding whether a valid contract exists, and what its terms are, are essential when traversing the sale of your business. Often buyers & sellers may have a different understanding of where the p...
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Price Gouging Under California “Unfair Competition Law” During COVID-19
May 19, 2020
We have previously talked about California’s "Unfair Competition Law" (UCL). During COVID-19, there have been many instances of price gouging where people jack up the price of many essential items. Th...
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California’s “Unfair Competition Law”
May 07, 2020
California’s Unfair Competition Law ("UCL") prohibits any unlawful, unfair or fraudulent business act or practice. It also prohibits unfair, deceptive, untrue or misleading advertising. While the stat...
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Anticipatory Breach of Contract During the COVID-19 Pandemic
May 06, 2020
An anticipatory breach of contract is a breach based on the words or conduct of a party, occurring before performance is actually due under the contract. What can you do to prevent an anticipatory bre...
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RECOVERY OF ATTORNEYS FEES UNDER “TORT OF ANOTHER” LEGAL DOCTRINE
May 04, 2020
Under the "American Rule" each party to a lawsuit is responsible for their own attorney’s fees and costs absent a contractual agreement or statutory exception. (Cal. Code Civ. Proc. § 1021). Introduct...
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Partnership & LLC Capital Calls During COVID-19
Apr 30, 2020
During this dynamic and uncertain time, partnerships and limited liability companies (LLCs) may be forced to turn to mandatory capital contributions from their members, or "capital calls," in order to...
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Resolving Disputes By Arbitration During The COVID-19 Pandemic
Apr 27, 2020
While it is not yet clear what the ultimate impact on the court system will be, significant delays in court hearings and trials are expected. Binding arbitration may be considered as a potentially spe...
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