Business Lawyers Blog

The Importance of Having Your Business Contracts Reviewed By an Attorney

July 29, 2022 | Jaclyn Ford

Business litigation is a major expense for many California entrepreneurs. You can save your business time and money by preventing contractual disputes. The California business litigation attorneys at Structure Law Group provide proactive legal advice to prevent contractual disputes whenever possible. Having your business contracts reviewed by an attorney is an important investment that can pay dividends in the long run.

How Business Contracts Affect Every Area of Your Business

You might not realize just how many areas of your business are affected by contracts. Your customers, vendors, and employees can all subject your business to liability in contractual disputes.

Changes to the Real Estate Market in 2022

July 22, 2022 | Mark Figueiredo

The U.S. real estate market has been drastically changed by the effects of COVID-19. In the years before the pandemic, demand had already begun to outpace supply, but this problem became much worse very quickly when a global pandemic upended the market. The strong seller’s market is likely to continue throughout 2022. Learn more about interest rates, the factors that affect a real estate market, and how the corporate lawyers at Structure Law Group can help your business navigate these challenges.

Interest Rates

One of the key factors driving the real estate market has been low interest rates. Interest rates have, in fact, been at record lows for several years now. Low interest rates allow homeowners to borrow money at a low cost. Low mortgage rates lead to more homebuyers, which has slowly tipped the real estate market in favor of sellers. But there has also been inflation in 2022. For the first time in years, interest rates across the economy are starting to rise. So how will this impact the real estate market in 2022? Forbes spoke with three economic experts about their predictions for mortgage interest rates in 2022. Though their estimates ranged between 3.4 percent and 4.0 percent, all three experts predicted an increase in mortgage interest rates by the end of 2022. Rising interest rates tend to discourage some sellers from buying. While the rates can take some of the pressure off the current sellers’ market, it is important to understand that it is just one factor in a complex economy. Other factors will also determine whether 2022 sees a weak or strong real estate market.

5 Pros of Choosing an LLC in California for Your Start-Up

July 15, 2022 | Mark Figueiredo

A limited liability company (LLC) is an option for people wishing to start a business in California that combines the tax advantages and flexibility of partnerships with the liability protection that comes with a corporation.

Starting an LLC in California still requires rigorous oversight. Make sure you are working with a Silicon Valley start-up company attorney at the best start-up law firm in Silicon Valley, Structure Law Group, LLP.

Limited Liability

What Is the Difference Between an LLC and an S-Corp?

July 8, 2022 | Structure Law Group, LLP

Entrepreneurs of all kinds face a daunting choice when trying to determine whether to establish their businesses as limited liability companies (LLCs) or S Corporations (S-corps). While an LLC will be a separate business structure, an S Corporation is actually a tax status, so forming an LLC involves filing paperwork with the state of California, while an S Corporation will involve filing paperwork with the Internal Revenue Service (IRS).

The decision between LLC and S-Corp status is not an easy one to make, so make sure you have proper legal guidance every step of the way. You will want to work with a San Jose business formation attorney at Structure Law Group, LLP.

Advantages and Disadvantages of LLCs

Misclassification of Employees and Independent Contractors After AB-5

June 24, 2022 | Jaclyn Ford

Classifying workers as employees or independent contractors has many different legal implications. In recent years, massive litigation efforts from big companies like Uber have highlighted confusion in this area of the law. This confusion led to the passage of AB-5, which was signed into law in September 2019. The law creates a test for determining whether a worker should be properly classified as an employee or an independent contractor. Business owners should understand this law so they can apply it properly to all workers and thus avoid unnecessary liability.

How AB-5 Changed the Rules of Classification

The new test for classification is known as the “ABC Test”:

Piercing the Corporate Veil in California

June 17, 2022 | Structure Law Group, LLP

A corporation is a legal entity that grants its shareholders and directors certain legal protections. While these members are generally protected from the debts of a business, it is not always the case. A plaintiff can “pierce the corporate veil” in certain situations, meaning that the court will hold the shareholder or director personally liable for the debts of the business. It also means that your personal assets can be used to satisfy business debts. Learn more about “piercing the corporate veil” – and what a corporate lawyer can do to help minimize your risk of liability.

What Is “Piercing the Corporate Veil?”

In common law, corporations have provided legal protections for their shareholders and directors. Shareholders and directors are not generally held personally liable for the debts of their business. In some limited circumstances, however, it might be possible to “pierce the corporate veil” of legal protection and hold them personally liable for corporate debts. Doing so allows plaintiffs to access the personal assets of shareholders and directors to satisfy the debts of the business.

Can Liability Insurance Protect Employers from COVID Lawsuits?

June 10, 2022 | Structure Law Group, LLP

Business owners have been confronted with a host of costly legal issues as a result of the COVID-19 pandemic. For those with employees, the risk of COVID lawsuits has been a serious concern from the earliest days of the pandemic. Most employers assume that any COVID lawsuits will be covered by their liability insurance. Unfortunately, this has not always been the case.

Workers Comp Lawsuits V. Personal Injury Lawsuits

First, it is important for employers to understand the difference between workers’ compensation coverage and liability coverage. Workers’ compensation coverage pays for any injury that employees sustain in the scope and course of their employment. The employee does not have to prove negligence – so long as the injury occurred on the job, it will be covered. If an employee believes they can prove that the employer was negligent, they can file a personal injury lawsuit against their employer. These lawsuits are not covered by workers’ compensation coverage. An employer must maintain a separate general liability policy to cover claims of this nature.

How Do COVID Eviction Moratoria Affect Commercial Landlords?

June 3, 2022 | Christopher G. Addy

For over two years, landlords throughout California have shouldered the financial burdens of eviction moratoria. Federal, state and local laws have limited the circumstances, manner, and time in which a landlord could remove a tenant delinquent on rent or other obligations under the lease. While some would argue these measures were a necessary health precaution during the worst of the pandemic, they shifted the financial burden of missed rental payments onto landlords in most respects. Now, landlords are finally experiencing some relief as eviction moratorium laws expire. Learn more about commercial landlord rights in California under current eviction regulations.

How California Has Handled Commercial Tenant Evictions

Governor Newsom’s latest executive order extended eviction moratoriums on commercial landlords through September 30, 2021. Since that date has lapsed, commercial tenants are no longer protected under the expired law and must rely on state and local regulations still in effect. In sum, commercial landlords may start eviction proceedings against tenants in the counties where no extension has been provided. In some counties, local ordinances have extended eviction moratoriums and protections. Los Angeles County, for example, has created a two-phase tenant protection resolution. Different eviction rules will apply as the procedures are phased in throughout 2022. In Santa Clara County, commercial tenants must now be caught up on at least fifty percent of their arrears, or they could be subject to eviction. Tenants have until August 19, 2022, to be fully paid up on their arrears. Each county has its own rules, so be sure to consult with an attorney about your specific situation.

Delaware Supreme Court Decision Applies a More Lenient Business Judgment Rule Review to Approvals Of Interested Transactions

May 27, 2022 | Structure Law Group, LLP

Corporations are subject to many fiduciary rules that govern their operations. Most business persons are familiar with the prohibition on interested transactions and placing one’s own financial interests ahead of the company’s. Yet the application of this rule varies widely from state to state. The Delaware Supreme Court has recently issued a ruling that will apply to the many businesses which fall under Delaware’s state laws of corporate governance. Learn more about the standard of review for interested transactions between a controlling shareholder and their subsidiary company:

In re MFW

The litigation started with a dispute between the shareholders of M&F Worldwide (MFW). A merger was proposed between the controlling stockholder and a subsidiary company. Minority shareholders objected to the merger and brought suit to stop it. Prior case law had subjected such transactions to the stringent standard of “entire fairness.” Yet, in this case, where there were two important procedural safeguards protecting the minority interest, the Court of Chancery held that the more lenient “business judgment” standard could be applied. The ruling was appealed to the Delaware Supreme Court. Because the Supreme Court affirmed the ruling, it has created a new legal standard under Delaware law.