Category Archives: Business Counseling
Benefit Corporations
by: Laura Koch California has entered the new year with a new class of corporation—the ‟Benefit Corporation,” or ‟B Corporation.” Governor Brown signed AB361 in October 2011, making California the seventh state to allow corporations to elect an organizational structure that benefits both society and shareholders. B Corporations are required to pursue the creation of […]
A New Ambush on At-Will Employment?
by Andrew K Jacobson Once again, the turn of the new year brings new laws into existence. The newspapers focus on cross-cultural clashes like the banning of new sources of shark fins or partial bans on checking job applicants’ and workers’ credit reports. California has also created new penalties if a company willfully misclassifies someone as […]
Privacy? You Don’t Got No Stinkin’ Privacy!
When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District Court of Appeal, May 16, 2011), the defendant challenged the search warrant to the internet service provider (“ISP”) that sought information […]
2 Min. Every 2 Years, Save $250
To save money, the State of California has stopped sending the biennial Statement of Information form that has to be filed, even if there is no change to any information. California corporation owners who in the past just filled out the form that they received may not know what to do, and this could be costly […]
What It Means to Be Your Consigliere
Contrary to popular perception, “consiglieres” date from times long before the 20th century. The term derives from the Latin “consiliarius” – a counselor. Every leader needs an advisor skilled in what the law requires – and what the law allows. Let’s start off with a few provisos. Bay Oak Law is a “classical” consigliere. It […]
Client Question: Does the US Gov’t Own Copyrights?
“Kim Vanderheiden of Painted Tongue Press, which does custom design invitations, business cards, and greeting cards, among many others, asks: “Does the US Government and/or its branches own intellectual property rights on its forms and publications?” As a general matter, the federal government has no copyrights. 17 USC 105 says that “Copyright protection under this […]
Investing in a Little Law
A big worry for stockbrokers about 15 years ago was the rise of the day trader, people who would trade stocks on their own account, paying a minimal charge for each trade. Stockbrokers feared this would be a disaster, but it proved to be a boon. Day traders, focused only on the next trade, were […]
A Story, Short & Sweet, About Covenants Not to Compete
Business lawsuits can grind on for a long time, and become very expensive. While many lawyers like that, most clients prefer something short, and preferably very sweet, in the sense of winning at the end. Twice, though, I have been involved in cases that were short and sweet for our clients. The area of law […]
The Right Fit
by: Andrew K. Jacobson © 2003, Bay Oak Law In recent years, new business owners have had several entities to choose from, depending on the needs of the business and the owners. The two most important factors in deciding the right business entity are limited liability and the tax treatment. Limited Liability. “Limited liability” is […]
When Employees Must Leave
By: Andrew K. Jacobson © 2004, Bay Oak Law A worker leaving involuntarily is often a heart-wrenching experience for both employer and worker. While anyone who has ever been employed can sympathize with the employee’s loss of wages and benefits, the employer is also often troubled. A smart employer will try to avoid such troubles […]
