Articles Tagged with San Jose business litigation attorney

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AdobeStock_273133653-300x200California business owners face many different types of litigation. It is important to mitigate the risk of liability by consulting with a California business litigation attorney before your business is even established. The experienced California business litigation lawyers at Structure Law have helped entrepreneurs in all types of industries protect their companies from preventable losses. What follows are some of our tips to protect your business from litigation.

Have a business litigation attorney in California draft an operating agreement.

An operating agreement is not required to form a business in California. As a result, some business owners make the mistake of starting business operations without them. Without an operating agreement, the business is exposed to litigation and liability. An experienced business lawyer can draft an agreement that will reduce the likelihood of future liability. According to the Small Business Administration, an operating agreement sets the rules that guide a company’s decisions. Having an operating agreement can set decision-making processes that reduce the likelihood your company will face litigation. This agreement can even reduce the risk of future costly conflicts between owners of the company.

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AdobeStock_148838608-300x200Costly litigation has caused many small companies to go out of business. Often, larger companies know this and try to bully a smaller company with the threat of litigation. Small business owners do not have to be overwhelmed by the threat of litigation. With an effective legal strategy, your business can implement policies and procedures that will drastically reduce the odds of litigation. Learn more about the different areas of litigation small business owners must be aware of – and how the experienced litigators at Structure Law Group can help protect your business from liability.

Employment Litigation

Employees can sue their employers for a variety of reasons. Federal and state laws protect employees from discrimination, harassment, and other prohibited activities in the workplace. Employees may also litigate contractual disputes. (This is particularly common in Silicon Valley, where employment agreements cover intellectual property, confidentiality agreements, stock options, and other complex legal issues.) Our lawyers protect employers by drafting comprehensive employment agreements. We also work to develop effective workplace policies that will reduce the chances of a lawsuit for discrimination, harassment, union-busting, or other prohibited workplace activities.

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AdobeStock_257476584-300x200Litigation is a costly enterprise for any business owner. It is important to work with an experienced business litigator who knows how to mitigate litigation expenses wherever possible. New statutes – such as the one that creates informal discovery conferences – can be used to help resolve discovery disputes and mitigate the over cost of business litigation.

What is an Informal Discovery Conference?

Recently, the California Code of Civil Procedure was amended to allow civil litigants to request an informal discovery conference. While the discovery process is governed by clear rules and procedures, the parties are often expected to resolve differences amongst themselves. If they cannot, they must let the court decide their differences. This is traditionally done by discovery motions. If, for example, one party refused to procedure a document requested by the other, the requesting party could file a motion to compel with the court. The attorneys would then prepare written motions to the court, make arguments at the hearing, and wait for the judge’s ruling. All of this results in added attorney’s’ fees.

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A “fraudulent,” or more accurately “voidable” transfer, is a transfer by a party (the “debtor”) of some interest in property with the goal or effect of preventing a creditor or creditors from reaching the transferred interest to satisfy their claim or claims.

Signing contract
What Law Governs “Fraudulent” or “Voidable” Conveyances/Transfers?

Fraudulent conveyances are governed primarily by the Uniform Voidable Transactions Act (UVTA), which replaced the Uniform Fraudulent Transfer Act (UFTA) in California as of January 1, 2016.  The UVTA applies to transfers made or obligations incurred after January 1, 2016.  The UFTA will continue to apply to transfers made or obligations incurred prior to January 1, 2016.  One of the most noticeable changes made in the UVTA is the removal of the word “fraudulent” from the title and body of the act. This change emphasizes that a transfer may be, and often is, voidable even in the absence of any sort of improper intent by the debtor or the transferees.

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