Some tax law changes recently went into effect that that will have an impact on both individuals and businesses in San Jose and throughout the State: Yet Another Gas Tax Increase On February 28th the Board of Equalization approved a 3.5 cent gas tax increase, effective July 1, 2013. This…
Business Lawyers Blog
Lender Liability After the “Riverisland” Ruling – A Time To Assess Lending Procedures?
In the wake of the California Supreme Court’s Riverisland ruling concerning lender liability, lenders in the San Francisco Bay Area and Silicon Valley may want to evaluate and consider modifying their current lending procedures. As a San Jose based attorney experienced in loan documentation, problem loans and loan workouts throughout…
Closing the Deal: Boring is Best
Having represented both buyers and sellers in mergers and acquisition transactions in Silicon Valley for more years than I care to admit, I have been through a number of closings. Some M&A closings that I have been involved in were smooth affairs, accomplished through an exchange of a single phone…
Do I Really Need to Formally Dissolve My Corporation?
A few years ago, I met with a new client here in San Jose about forming a corporation for his real estate management business. He wanted to use his name as the name of the corporation, e.g. John Smith, Inc., and he had no problems with using his name as…
The Phantom Trustee – Not a Problem on a Deed of Trust
Those of us involved in real estate loans, debt financing, and problem loans or loan workouts have sometimes wondered whether a deed of trust can be valid if no trustee is identified. I am often asked this question and, surprisingly, the issue was never been directly addressed by California courts…
Limited Liability Company Short Form Cancellations
Last November, I was working closely with one of our clients and their real estate lender to purchase a large property in the San Francisco Bay Area. I formed two California limited liability companies for the transaction. One LLC was the investment entity that was going to own the property,…
2013 Changes to California Laws that Affect San Jose Taxpayers
Although 2013 is well under way, taxpayers in San Jose may not be aware of changes to California laws that may affect them. Some of these changes include: Proposition 30 With all the talk about federal income taxes going up this year, do not forget about the Proposition 30 retroactive…
Closing Conditions Common in Acquisition Agreements, Part 2
The pace of merger and acquisition activity in Silicon Valley continues unabated, and the satisfaction of conditions to make sure both parties conclude a deal with all loose ends tied up becomes critical to a final closing. In my last blog, I discussed certain standard closing conditions contained in merger…
Real Estate Loans, Mezzanine Financing and Intercreditor Agreements: Sometimes Words Mean Something
An investor bought an apartment building in San Jose and the broker wanted to send flowers for the occasion. A large bouquet was delivered to the buyer’s office with a note that read, “Rest in Peace.” The buyer was irritated and called the florist to complain. After he had told…
More Case Law for Employee Non-Compete Agreements
Having practiced corporate law in Silicon Valley for 15 years, I must say that there is nothing more frustrating for my clients, who are mostly closely held businesses in the San Jose area, than spending months or years training an employee only to have her leave and go on to…