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Being a business lawyer in Silicon Valley, I have seen new industries develop and bloom overnight. Last November, California voters created the State’s newest green industry by adopting the Control, Regulate and Tax Adult Use of Marijuana Act of 2016. The initiative is California’s...
By: Tamara B. Pow, Esq. The Secretary of State recently updated some of their LLC forms for the second time in several months. They were last updated in July of 2016 and were revised again for 2017. The forms that have been revised include:...
By: Serge Filatov, Esq. A mistake that I often see inexperienced lenders make when making secured loans is that they do not take all the steps necessary to become a secured creditor. There are numerous traps for the unwary and people should be...
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...
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...
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.
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