Business Partnership Agreements
In offering Business Law representation to small businesses such as restaurants and cafes, retail stores in shopping centers and city centers, commercial service entities, and manufacturers, too often I see businesses operating on standard boilerplate documents prepared by attorneys at the time of the formation of the corporation. Invariably, such boilerplate contracts, partnership agreements, corporate by-laws, and articles of incorporation suffer from legal gaps that fail to account for various foreseeable and unforeseeable situations that may arise in the course of dealings between business partners and third-party associates.
As a full scope Business Lawyer, I focus on assisting businesses to avoid such pitfalls. I offer aggressive and intelligent legal representation to business clients and am determined to work effectively with clients to draft corporate formation documents that are as complete and individualized as possible so as to try to prevent disagreements among business partners, owners, suppliers, contractors, and subcontractors.
When litigation is inevitable, I am eager to represent clients in business litigation in lawsuits involving business partnership agreements, breach of contract, breach of fiduciary duty, bad faith, unfair business practices, embezzlement, investment fraud, and business fraud. I am an eloquent, aggressive, and intelligent Business Attorney capable of wisely selecting a team of third-party investigators, forensic accountants, and financial strategists.
Business: Introduction
DISPUTES & LITIGATION
GENERAL COUNSEL
COMPLIANCE LAW
BUSINESS PARTNERSHIP AGREEMENTS
INVESTMENT FRAUD
EMPLOYMENT LAW
INTELLECTUAL PROPERTY LAW
TECH LAW
COMMERCIAL FORECLOSURES
COMMERCIAL REAL ESTATE FRAUD
COMMERCIAL LEASES
THE NEW FOOD MOVEMENT: FOOD, WINE, AND BEVERAGE LAW
SPORTS LAW
ART LAW
It should come as no surprise that since he entered office Pres. Trump has undone the investor protection regulations that President Obama instituted in 2015. Five years ago under orders from Pres. Obama, the Department of Labor proposed regulations that would have implemented the “Fiduciary Rule”. This rule would have expanded the fiduciary obligations that already apply to investment advisors by also making them apply to brokers and insurers who sell investment instruments (e.g., stocks, bonds, annuities, life insurance, etc.) or provide related advice. Such fiduciary requirements mandate that investment professionals provide their clients with duties of loyalty and care, among other protections, thereby putting the client investors’ interests and needs above their own financial and other interests.
On June 19, 2019, New York State’s legislators passed a law that also gets rid of the draconian “severe or pervasive” standard and utilizes the more sensible “single incident” approach as described above; and NY lawmakers also made secret settlements illegal, just like California. This is truly wonderful news! No more inappropriate touching, sexist commentary, or pornographic videos at work! Certainly such a standard is long overdue, and employers and workplace creeps had better heed the call of a new day.
An attorney can do much for a student or other individual facing a school in an administrative grievance, investigation, hearing, or appeal, be it reviewing the facts and properly advising the individual, drafting correspondence or other documents in the dispute, negotiating with the school, representing the individual at hearings, filing complaints with governmental bodies, or preparing the foundations for litigation against the school in the court system. Schools know this, and that’s why they scurrilously try to prohibit attorney representation for individuals - be they students, teachers, or staff - in such disputes. It’s far easier for schools to remain unopposed, to intimidate you, and to take your money and time and leave you holding your head on the curb after it’s all over.
There's no evidence of any explicit or even any implied conspiracy between app developers and Apple to price fix. It stretches reason to think that every app developer has somehow entered into an implied conspiracy with Apple to raise the price of the app by Apple’s 30% commission! App prices are based on competitive principles. Consider the plethora of $1.99 apps. Without Apples’s 30% commission, those would be priced at $1.39, you think? Nope.
It’s ridiculous to suggest that Facebook should independently monitor every third party’s advertisement on its site to make sure that the advertiser and the ad are legitimate, authentic, and safe for general consumption; but frankly between its “flag” feature where users can report problematic ads or behavior on the platform, its Artificial Intelligence surveillance, and its team of 10,000+ ad auditors (which Zuckerberg stated in the Senate that he’s increasing to 20,000 soon), Facebook is doing exactly that. So what more could we reasonably ask? On top of that, it’s Facebook users who are choosing to share so much private information about themselves with the public on their Facebook profiles!
In the last couple years, tractor manufacturer John Deere (formally Deere and Co.) has allegedly been limiting the ability of purchasers of its tractors to independently work on these tractors or from having any third party parts & repair providers work on said tractors unless they are licensed by John Deere to do so.
To stop the inevitable migration of artists, middle class families, and progressive white collar professionals from our nation’s cosmopolitan centers to outskirt towns and emerging middle American metro-areas, we need more aggressive housing safety regulations, much more expansive rent-control laws, and more affordable housing projects in Oakland and the cities across the nation like it, from Brooklyn, NY and Somerville, MA to LA, Austin, Seattle, and Portland.
Next time you hear about somebody suing somebody else for money to try to make up for some injury, more likely than not remember this: We are paying for it in the long run. We pay for the Courts and the Judges. We pay the legislators who spend their time making regulations (laws) that provide remedies for victims protected by such laws.
During his campaign, Mr. Obama promised us to create a meaningful universal health care law that would provide all Americans with necessary health care coverage. I suppose by that he meant that he would institute the Republican, pro-insurance industry requirement that we all get in line to spend what little money we have to purchase private insurance policies from big insurance companies, lest we be held liable for violating the ironically named "Patient Protection and Affordable Care Law" - an Orwellian name for a law that is itself unconstitutional.
Many business professionals often lack a sufficient understanding of the fundamentals of US Patent Law. To bridge the gap and make my professional conversations with clients more useful and time-effective, I offer the following synopsis of US Patent Litigation and Patent Law. Please note that this synopsis is only for basic informational and entertainment purposes and should not be relied upon as legal advice. You should consult with me personally to discuss your Patent Litigation matter.