Articles Tagged with san jose business attorney

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AdobeStock_357298238-300x111Corporate Transparency Act (CTA)

The Corporate Transparency Act (“CTA”) was enacted by the U.S. Bureau Department of Treasury to address growing concerns about the use of shell companies and other opaque ownership structures to facilitate financial crimes like money laundering, tax evasion, and terrorist financing. By making beneficial ownership information more readily available, the law aims to deter and disrupt illegal activities. The CTA establishes a national beneficial ownership information registry accessible to law enforcement and authorized government agencies.

When and how should my company file its initial report?

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AdobeStock_360567208-300x200Each year brings new changes to the laws governing the relationship between California businesses and their employees. And 2023 has certainly been an active year on that front. There are a number of new laws–and changes to existing laws–that all employers need to be aware of.  If you have specific questions about how these new laws will affect your business, the California employment lawyers at Structure Law Group are here to help.

Here is a brief rundown of some of the more critical new employment laws to keep in mind as your business continues to navigate 2023:

Higher Minimum Wage

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Senate Bill No. 1162 (SB 1162) was an act to amend Section 12999 of the California Government Code and Section 432.3 of the California Labor Code relating to employment. California Governor Gavin Newsom signed the bill into law this past September, which is effective January 1, 2023. Anybody needing help complying with this new law should contact a San Jose business attorney.

Pay Data Reporting Requirements Under Senate Bill 1162

SB 1162 requires all employers with 100 employees or more (including employees hired through labor contractors) to submit annual pay data reports to the California Civil Rights Department (CRD) beginning next May 10, and every second Wednesday in May annually thereafter.

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AdobeStock_219561092-300x200Tokenization is the process in which you replace sensitive data such as a credit card number with a non-sensitive equivalent known as a token, and real estate tokenization refers to creating tokens on the blockchain and assigning them to real estate properties that already exist or are currently under construction. Tokens may represent an interest in real estate but can also raise capital for development investments.

If you are new to the tokenization process, you will understandably have a lot of questions about how it works and what you can do. You will want to make sure you are working with an experienced Silicon Valley blockchain attorney at Structure Law Group, LLP, who can guide you through the entire process and help you achieve the results you desire.

Real Estate Problems Tokenization Can Solve

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AdobeStock_104337814-300x233Data breaches continue to make the news as more individuals have their personal information exposed to hackers. The hackers can then set up credit cards in a customer’s name, apply for government benefits, and potentially expose them to legal action. Companies traditionally have a duty of care to ensure the protection of sensitive information, and this is especially true for companies that operate in the health sector. Such lawsuits have become commonplace and can result in class action lawsuits against the company that negligently secured their customer’s vital information.

While companies do everything in their power to prevent hackers from accessing vital company information, these measures sometimes fail. It is therefore imperative for companies that solicit such information to have a San Jose business attorney to provide legal representation in the event of a breach.

Damage control

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AdobeStock_118045560-300x199The coronavirus pandemic changed every aspect of life in California. Though the health crisis has improved, the long-term effects of COVID continue to affect us in many different ways. One of the big problems facing the legal profession is access to the state court system. Emergency procedures shut the courts down entirely in the early days of the pandemic. Soon, the courts operated on a limited basis, but even these short closures caused serious problems in a backlog that existed long before the COVID crisis. Reuters reports on the emergency COVID-19 orders that were rescinded in March 2022. After two full years, the California court system is no longer operating under restrictions. This change does not mean that it will be business as usual for every litigant seeking help in the courts.

Court Hearings

The state court system enacted many emergency procedures to protect the health and safety of all litigants during the COVID-19 pandemic. These steps included remote hearings, mask use, and restricting the number of people in a courtroom at the same time. These restrictions have been lifted as the health crisis improves. You are more likely to find normal court procedures in cases throughout the state. The courts’ limited operations during COVID have, however, created a backlog. As a result, it can take much longer to get a court date at all.

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AdobeStock_199400743-300x200Hearing the phrase, “a complaint filed against you is being investigated by the California Labor Commissioner” may sound intimidating – and for good reason. Any employer should take investigations conducted by the Labor Commissioner seriously.

If you are an employer who is being investigated by the Division of Labor Standards Enforcement (DLSE), you need to understand your rights and obligations. If you received a notice of the ongoing investigation of a complaint filed by your employees, get in touch with a lawyer right away.

At Structure Law Group, our skilled employment lawyers have helped numerous employers across California deal with the California Labor Commissioner and ensure that employers’ rights are protected throughout the process.

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IPO-e1640887497504-300x202An ever-increasing number of startups and companies in California are opting for direct listings as an alternative to going public through an initial public offering (IPO). If you ask any business owner in California, “What is the hardest part of launching and running a company?” you will probably hear, “Raising capital.”

Once, IPOs were the only real option to grow a company and raise money for your business. However, in recent years, new trends have emerged, making direct listings a more viable option.

If you are not sure whether you should pass on initial public offerings and go the route of direct listings, consult with a legal and business expert. At Structure Law Group, our LA and Silicon Valley business lawyers give practical business advice to clients whether they are running a one-person business or a company that employs hundreds of employees.

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AdobeStock_243450386-300x214After the Securities and Exchange Commission (SEC) amended its “accredited investor” definition in August 2020, it amended its rules once again in November of the same year. In its latest rule amendments, the SEC increased the annual caps on equity crowdfunding and raised the maximum offering amounts for Reg A+ offerings and Rule 504 of Reg D offerings.

In November 2020, the SEC amended its rules to expand investment opportunities and promote capital formation while also strengthening protections for investors in the United States. Some of the most significant rule amendments included:

  • Amend the rules governing the integration of private and public offerings to permit concurrent private and public offerings;
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AdobeStock_133739956-300x200New technologies have drastically changed the ways in which new startups raise capital. Securities laws and regulations are adapting to these changes to ensure that investors are still protected under federal securities laws when investing via new technologies. Regulation CF (aka Title III of JOBS Act) is a relatively recent rule that took effect in 2016 and recently updated in 2020. It allows new business startups to raise equity through crowdfunding, which means private from all Americans, instead of the richest 2% Americans. More importantly, crowdfunding is typically used for new companies to turn their customers into their investors, which is exciting news for startup founders. Learn more about how crowdfunding works, what its legal limitations are, and how to determine whether Regulation CF is the right tool for your new company’s capital funding, is added to every startup founder’s to-do list.

New Rules Raising Investment Limits

According to the SEC, companies currently may raise an aggregate of $5 million in a twelve-month period through crowdfunding securities. This is a significant increase from the original $1.07 million limit. The new limit greatly expands a new company’s ability to raise capital through crowdfunding. These changes also work to level the inequalities faced by small companies looking for startup funding options. Traditionally, large companies have had a competitive advantage in access to startup funding, but crowdfunding has changed the dynamic considerably.

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