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debt-collecting-300x201Effective business owners know that all assets and liabilities must be properly managed. Debts owed to a business are assets, and if these debts are not repaid, the asset is mismanaged. A business debt collection attorney can help your business realize the full value of your debt assets. Call Structure Law Group at (408) 441-7500. Our experienced Silicon Valley business lawyers can help your business explore all options for collecting debt and execute the strategies that are right for you.

Debt Recovery Strategies

Experian recently released a list of their recommended debt collection strategies. They include:

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AdobeStock_258960515-300x200In recent years, it has become more and more common for technology and other startups to attract and compensate their employees through grants of stock and stock options.  In Silicon Valley, stock options have become an expected element of compensation.  For startups competing with more established companies for talent, stock and stock option grants have become an effectively mandatory element of compensation.

The ubiquity of stock options masks their underlying legal complexity.  Employers need to ensure that their equity compensation programs comply with applicable law, including federal and state securities laws, or risk substantial fines and other penalties.  For example, Credit Karma was fined $160,000 by the SEC for failure to comply with the federal securities laws.

Federal and State Securities Laws

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AdobeStock_274449599-300x199Launching a startup is an exciting time for entrepreneurs. There are many people involved in many processes that could make or break your business. During this time, your intellectual property (IP) can be exposed to many different people and businesses. It is important to protect it from theft and unlicensed usage. At Structure Law Group, our experienced Silicon Valley startup attorneys know how to protect your legal interests in IP at all stages of business formation. Call 408-441-7500 to schedule your consultation with a lawyer.

The Reasons Entrepreneurs Don’t Protect Their Intellectual Property

Forbes recently reported on some of the most common reasons entrepreneurs fail to protect their property:

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AdobeStock_89081213-300x200You had the idea but not the finances, so you approached a venture capitalist. She invested $100,000 in exchange for a 25% equity stake in your new corporation. You were still the majority shareholder, so her equity share never affected day-to-day operations. As your company began to grow, you partnered with like-minded individuals, merged corporations, incorporated new ideas, and continued to sell equity to fund your ventures. Your cap table gets more complex each year, and one day you realize you’re no longer the majority shareholder. In fact, your partners are working with the 25% stakeholder to squeeze you out.

Founder fights commonly occur as companies grow. The more successful your corporation, the more people want a piece of it. Founder breakups are the most common reason start-up companies fail and should be addressed early by an experienced business litigation attorney at Structure Law Group, LLP.

Most Common Reason for Founder Breakups 

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AdobeStock_238081258-300x200Employee relations can create complicated legal issues for any California company. Hiring, daily operations, performance reviews, and termination all create situations in which your company or your employee may face impaired legal rights. By clearing stating each party’s rights and responsibilities in a written document that is freely available to all employees, your company can reduce the likelihood of legal disputes. The experienced employment attorneys at Structure Law Group have helped many California companies reduce their employment liability by writing employee handbooks. Call (408) 441-7500 to schedule your consultation today.

Here are three common mistakes employers make when drafting an employee handbook:

  • Not updating it to reflect changes in employment law.
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AdobeStock_269304451-300x200As your Silicon Valley startup grows, it’s hard to know whom to trust. You’ve likely gone from a close-knit group of founders invested in the confidentiality of your trade secrets to hiring at-will employees who are less concerned with secrecy. Both federal and state laws reflect the value placed on corporate trade secrets and confidential information. Especially in technology-driven industries where startups are valued for their unique innovations, protecting your trade secrets is a key to success.

Defining Trade Secrets & Confidential Information

While you can contractually bind your employees to keep certain confidences, only qualifying trade secrets are protected by state and federal law. Trade secrets are defined as information that derives economic value by not being generally known or readily ascertainable by competitors and are subject to reasonable efforts to maintain confidence. Trade secrets can consist of:

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AdobeStock_121073632-300x200Intellectual property, defined as “any product of the human intellect that the law protects from unauthorized use by others,” isn’t a modern concept. In fact, the United States Constitution, through the “Intellectual Property Clause,” protects the intellectual property rights of authors and inventors in the arts and sciences. It is from this clause that federal intellectual property law, including trademark, copyright, and patent protections, are derived.  A unique product of human intellect can be the basis of a copyright, trademark, or patent.

Categories of Intellectual Property

As is clear from the definition of intellectual property (“IP”), the law doesn’t protect all products of human intellect. Instead, federal and/or state laws protect the following types of intellectual property:

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AdobeStock_119342156-300x200Selling your business can be an exciting time. An acquisition can represent a new stage of growth for a company. However, a poorly drafted acquisition agreement can also jeopardize the legal and financial interests of business owners who do not adequately prepare for such an event.

What Issues Should Be Studied During the Due Diligence Process?

Each business is different, and every merger or acquisition requires a host of critical issues to be examined by both buyers and sellers.  Here are some – but of course not all – of the issues that must be addressed:

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AdobeStock_107108541-300x199Twenty years ago, the term “social media” meant an AOL instant message chat that likely wasn’t addressed in your employee handbook. But today, social media policies are workplace handbook essentials. Your employees may promote your company in one tweet while supporting viewpoints contrary to your corporate policies in the next. Use of social media platforms on work-based systems and networks is also a point of contention for many employers. In some rare instances, employees throughout the nation have even used social media on employer-supplied computers to conduct illegal activities.  Issues arise in Court because social media posts are not treated any differently than any other documentary evidence in a case, and all documents—unlike person-to-person conversations, live forever and can be spun and taken out of context.

Given the fast-evolving social media landscape, social media policies are no longer really optional if employers want to have a well-run businesses. You have the right to regulate your employees’ use of work-based systems.  An experienced California employment lawyer at Structure Law Group, LLP can help you draft employment agreements to protect you from potential social media disasters.

Defining Social Media in Your Employee Handbook

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AdobeStock_279822215-1024x683LLCs are a popular business entity that can provide comprehensive legal protection. Unfortunately, business owners who do not properly form or operate their LLCs can still be personally liable for the debts and liabilities of the business. Call Structure Law Group at 408-441-7500 to schedule a consultation with one of our experienced lawyers. We have helped many business owners throughout California protect their assets and rights through solution-oriented counsel and representation.

What is an LLC?

A limited liability company (LLC) is a type of business entity. When formed and operated properly, an LLC can protect business owners from liability, and shield their assets from being used to satisfy the debts of the business. This is because the LLC is a separate legal being from the individuals who own it. As a result, creditors can only access assets in the LLC’s name to satisfy the debts of the LLC. The owner’s personal assets are not available to business creditors.

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