By: Jack Easterbrook, Esq. The enforceability of the guaranty of a commercial real estate loan is a question presented to the courts with regularity. A new case, LSREF2 Clover ** testing whether a lender can enforce its guaranty, was decided by a California Court...
As a business lawyer to many technology start-ups in Northern California, I work with software companies to assist them in licensing their code to OEMs and end users. When providing code to large company licensors, the licensing agreements are often extensively negotiated, particularly when...
By: Tamara B. Pow, Esq. A question I am frequently asked by LLC owners how LLC managers should get paid? A limited liability company operating agreement should clearly outline payments to both Managers and their affiliates, since these payments are typically made before a...
By: Tamara B. Pow, Esq. When starting an LLC, carefully consider the powers granted to an LLC manager. Your operating agreement should have customized provisions regarding what the manager(s) can and cannot do – do not just accept some form language. As an LLC...
By: Tamara Pow, Esq. Beware of LLC Managers that can’t be removed! As a business attorney, I work with many LLCs in San Jose and the Bay Area. Some of those have had to remove their LLC manager for one reason or another. I...
By: Tamara Pow, Esq. The California Secretary of State has updated business entity forms yet again this year. In July I wrote a blog referencing the changes to certain LLC forms including the Articles of Organization, Certificate of Dissolution, Certificate of Cancellation and the...
Bob Hawn will be presenting a seminar on Website Terms of Use and Contract Formation to the State Bar of California’s Internet and Privacy Law Committe on November 8th.
...By: Tamara Pow, Esq. One of the first decisions you have to make when you decide to form a limited liability company is whether the company will be managed by the members or by one or more managers. This decision is so important, it...
By: Robert Hawn, Esq. I recently had the opportunity to speak on a panel at the State Bar of California Annual Meeting to discuss doing business online. As a technology lawyer practicing in the San Francisco Bay Area, I constantly advise clients on their...
By: Tamara B. Pow, Esq. On December 8, 2015 I published a blog about new federal partnership tax return filing deadlines . At that time, the IRS had just announced that partnership and S corporation returns will be due 2 ½ months after year...