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San Jose debt collection attorneyBusinesses rely on revenue from a variety of sources to ensure ongoing success, and as a means to pursue growth. However, when that revenue is slow to arrive due to non-payment for goods or services received, or other reasons, it is important to implement sound debt collection protocols and prevent your operations from suffering due to outstanding debt.

Take Steps to Collect Debts

Once an amount owed becomes overdue, it is important that a business implement a strategy to initiate collection of that debt or hire a knowledgeable professional or team that can create and implement an effective plan on its behalf. It might surprise some that there are companies that go out of business because they simply do not know how to pursue the money they are owed. Here are some basic steps to take when collecting debt:


Posted on in Business law

San Francisco Bay Area business partnership dispute attorneyEven some of the biggest and most successful companies have faced their share of internal struggles and disputes among those who were there from the beginning. Some are able to overcome their disputes after a period of disagreement, while other partnerships dissolve under the pressure of internal conflict. However, with good planning, businesses can put a system in place to manage partnership disputes before they become an issue. 

Steps For Avoiding or Resolving Partnership Disputes

Even businesses that operate smoothly for years can suddenly face turmoil when issues of disagreement among the principals threaten to tear down everything they have worked so hard to create. Here are a few ideas to consider when starting a business that may help you avoid or overcome times of disruption:


San Jose undocumented immigrant lawyerWhen the state of California enacted new laws designed at protecting undocumented immigrants, it prompted a stern response from federal authorities. Now, neighborhoods and workplaces face the threat of more frequent raids by Immigration and Customs Enforcement (ICE) agents looking to take undocumented immigrants into custody.

New California Law

State Bill 54 was signed by California Governor Jerry Brown on October 5, 2017, and it created statewide sanctuary for those who may be living in the state as illegal aliens. The new law includes the following provisions:


Posted on in US Immigration Law

DACA, immigration hiring, San Jose immigration attorney,  immigration law, immigration policyThe Deferred Action for Childhood Arrivals (DACA) immigration policy has become a hot-button issue lately for politicians, immigration activists and business owners. The primary concern for business owners is that employees who obtain work permits through the program may suddenly face deportation and leave work sites understaffed. Business’ immigration hiring and employment policies would be sharply impacted. 

DACA and Its Impact

Established in 2012, DACA is a means for minors who were brought into the United States illegally by their parents to obtain deferred action from deportation while they obtain an education and/or maintain employment. Economists, CEOs, and business leaders around the country have identified a number of adverse effects to the current administration’s suggestion of either outright ending or phasing out DACA.


sponsoring family members, San Jose immigration attorney, petitioning for entry, California immigration laws, citizenshipThere is perhaps no better feeling than the unification of family members from across borders. Whether for work, school, or simply to enjoy life together as a family, immigration laws in California are designed to protect the civil and labor rights of those coming from outside the United States to rejoin family members residing here.

In fact, a U.S citizen may petition for certain family members to not only gain entry, but also obtain a Green Card or Visa, depending on the circumstances. Assistance from an experienced immigration attorney can ensure proper steps are taken to make the process as smooth as possible.

Petitioning for Family Members — Which Ones?





how to close a business the right wayClosing a business requires more than just hanging an “out of business” sign in the window and locking the doors. Depending on the circumstances, the closing of your business can cause high levels of stress and anxiety, especially for those unfamiliar with the proper steps to take and the correct forms to file. While both the state of California and the federal government offers resources to assist, the help of an experienced business law attorney could make all the difference. 

When closing a business in California, the owners must:

  1. File final year current tax returns
  2. File proper dissolution, surrender and cancellation forms with the California Secretary of State’s office within 12 months of filing the final tax forms
  3. Refrain from conducting business in the state after the final taxable year

This three-step outline, in a very general sense, is the procedure one must undertake for closing a business. The reality of the situation involves the filing of a number of forms with both state and federal authorities, and failing to follow proper procedure could result in unnecessary stress and even litigation. It is important to remember that all tax forms remain open to audit until the expiration of the statute of limitations. In addition to filing final state and federal tax returns, it is important to:


whistleblower law

Perhaps the best way to protect your business from penalties that accompany a law is to have a clear understanding of the statute. Most business owners know about “whistleblower laws,” and are aware they were enacted to protect employees who report wrongdoing by companies.

California's whistleblower laws were written so owners of both public and private companies or agencies receive equal treatment. Businesses located throughout San Francisco, San Jose, Silicon Valley and across the state would be well served if an experienced employment law attorney provided managers, supervisors and even officers with a review of California's whistleblower law.

Tagged in: Whistleblower

Verizon is having some serious problems with its workers. Last August, Verizon's contract with workers of two unions which represent employees that deliver critical services, such as repairs, landline service, installation and customer service. The workers continued to work as the union worked towards a solution with the company, but the workers' patience has run out. They went on strike recently, meaning that some 39,000 people are no longer supporting the critical services mentioned above.

It sounds as though work location and job security are critical issues for workers, and there will certainly be a lot for the company and the unions to go over before a new agreement can be reached.Â

Back in 2011, a similar situation occurred with about 45,000 Verizon employees going on strike for about two weeks.


Just to the north of us here in California, the state of Oregon and the tech company Oracle have been locked in a contract dispute over the state's healthcare website which was "botched," according to the source article. Oracle blames the state for mismanagement, while the state accuses Oracle of fraud and racketeering. The state of Oregon is asking for $6.5 billion in damages as a result of their botched healthcare website.

An interesting development in the case is that confidential documents that were sealed under court order were released to the public through a reporter. Oracle contends that the state of Oregon allowed this to happen, tipping off the reporter and helping her to publish the information. Oracle also contends that the case was already settled last year for $25 million, but that the state is lying about the deal not happening.

The details of the botched website aren't necessarily the point of this post (though they obviously are important in the grand scheme of things). For the purposes of this post, we would like to highlight that businesses can face legal action from a variety of sources and for a variety of reasons.


Some people have dreams of creating content on the internet, so that they can earn some of that sweet "internet money." These people make videos, GIFs, images, blog posts and many other forms of content to reach their dream. In these cases, they do so intentionally. If they are lucky, one of their pieces of content will "go viral" and sweep the globe at a rapid pace as friends share the content with friends, who share it with other friends -- and so on.

But not every "viral" meme or video is created intentionally. Sometimes everyday people just happen to capture an incredible moment on video or in a picture, and when they share it with a few people, it quickly spreads like a wildfire without them even intending for it to do so.

So the question here is: how are viral videos and viral internet memes affected by intellectual property law?


Many people have an entrepreneurial spirit, and that's a tremendous gift to have. It also means you will have a lot of responsibility when you start your own business. When you go this route, you will have to consider a lot of very critical issues to ensure your business is successful.

First and foremost, you have to make the decision to start your company. Great! But it's not as simple as just saying "I run my own business now." What type of business will you have? Is it a partnership? A corporation? A limited liability company? A non-profit? This first step is incredibly important, because it will dictate all of the legal setup and documentation you need to do to ensure your company is compliant with the law and properly established.

You will also want to familiarize yourself with your state's rules, regulations and laws relating to starting (and maintaining) a company. There will be many forms, fees and tax documents that need to be completed, paid and filed.


Posted on in Business Litigation

Spring can be a good time to catch up on important chores. This is not only the case for households, but for businesses as well.

Now, spring cleaning regarding their physical workplace is not the only type of spring cleaning that can be helpful for businesses. So too can spring cleaning regarding their digital presence and practices.

Here are some digital spring cleaning steps California business owners can take:


When it comes to attaining new, skilled employees who show a lot of promise, companies don't care where they come from. What they do need to care about is making sure that every hire is done properly and is in compliance with the law. So when companies look abroad to recruit new talent, they need to make sure that every step they take is done so methodically and legally.

Employment visas are incredibly valuable for both parties involved in the visa. For the employer, they can bring in a talented person who will help their company grow. For the employee, they get a chance to realize their professional dreams while also having the opportunity to live in the United States. In addition, they can turn that employment-based visa into a chance at a permanent stay in the U.S.

Employment-based visas (or EB visas) come in a variety of forms. From EB-1 to EB-5, these visas all serve specialized functions. Some are for people of exceptional skill; some are for people who work in niche industries or areas; others still are for people with exceptional talent in athletics, the arts and business. These visas can help many people and many companies.


Proper planning is required if your dream is to start a business in Silicon Valley. A detailed business plan will go a long way in helping you start your business as well as ensure your business goals are protected in the future.

Your idea needs to be developed and for your business to succeed, you need to understand the market, your competition and how to set your business goals to make your business successful. Every business idea is unique and relies on specific factors. However, every business can benefit from following a carefully drafted business plan.

Your business plan should address specific items to help your business now and in the future. What should your business plan include? Listed below are items to consider addressing in your plan:


Most people have heard of a trademark before, and even if they don't know what a trademark is, they can probably recognize the iconic "TM" symbol near a logo, word or phrase. A trademark is actually quite simple : it signifies that the mark (may that be a logo, word, phrase or something else) is of a certain source and shouldn't be confused with other sources that may make similar products.

Trademarks don't protect against other companies making or selling the same product as a company that has a trademark. Rather, the trademark prevents other companies from using similar or confusingly identical logos, phrases and imagery to the company with the trademark. The other companies have an obvious incentive for doing this: they want to reap the benefits of the trademarked company's reputation. The company with the trademark obviously wants to protect that.

Registering a trademark can be a little complicated, but it is important to note that you still have rights even if you don't register the mark. However, getting the trademark registered is a very crucial step to protecting your company's identity.


Contracts are a staple in the world of business. They are entered into by individual parties, companies, subcontractors, real estate developers, and really anyone trying to see a project to its completion or attempting to garner a positive and fruitful professional partnership. However, not every contract is fulfilled in the way the parties intend it to be. Sometimes one party fails to hold up their end of the bargain, or the contract is breached in some other way that ruins the original intent of the deal.

A contract can be breached in myriad ways, so it is difficult to outline exactly what an individual or business could do when they are involved with a breach of contract. But there are a few things to expect and prepare for in all cases.

The first is that there will likely be language in that contract that dictates how a breach of contract is handled. You could abide by this contract's provisions and utilize those directions to solve your breach of contract. However, if that is unsatisfactory, you could take legal action. A lawsuit could yield compensation in the form of damages that one company requests as a result of the breach of contract.


Patents are vital to the world of intellectual property. Whether a company is trying to protect a mass-produced product, or a small, independent content creator is trying to protect their work, a patent is crucial to ensuring that the company or individual receives the credit they deserve for creating that work.

But ultimately, what is a patent? Formally, it is a legal protection that forbids other people from recreating, repurposing or using your work for their purposes without your consent. This is referred to as a "negative right." In other words, it grants you the right to exclude other people from doing something. Once a patent is granted, then no other person or company can make an independent claim that they created or invented the work protect under patent.

Before a patent is granted, though, there is an extensive patent application process, and the rights granted to the creator applying for a patent are important during this process. For example, before you apply for a patent, you have no legal protections whatsoever. That means that another company or creator could be independently creating a similar (or identical) piece of work to your own and they would not be violating any rules or laws.


When it comes to effective advertising, most professionals agree that location is crucial. You need to put ads where they will be seen by the most people in order to get the maximum return on your investment.

But what happens if your business' advertising campaign interferes with the advertising rights that a rival company paid top dollar for? This scenario is currently playing out in court between Wells Fargo and an NFL franchise.

The Minnesota Vikings are currently building a new Stadium in downtown Minneapolis. Like most sports stadiums these days, this one will bear the name of a major corporation. U.S. Bank purchased the naming rights for a reported $220 million.


As social media continues to grow in popularity, the more it becomes ingrained into our daily lives. For many people, social media has replaced face-to-face interactions with people and for some, it even replaces watching the news.

But because of social media's immediate access to content, social media companies - and sometimes even their users - find themselves walking into a legal gray area, especially in regards to intellectual property rights. It's an issue that some of our California readers may be following, as it has cropped up in the news in recent months because of issues concerning NFL sports clips.

Though the NFL has been taking aggressive legal actions to prevent copyright infringement and protect its intellectual property rights over exclusive programming and sports clips, some believe users and social media companies may have the right to fair use. If this is the case, then the NFL would need to be more cautious about sending out cease and desist letters and takedown notices in the future.

State Bar of California NYSBA Santa Clara County Bar Association US Department of Homeland Security US Court of Appeals US Patent and Trademark Office
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