Blog

Law & Beyond provides lawyers and non-lawyers a look at the legal issues of the day.

 

Introduction to FINRA Arbitration for Investors (Part 1 of a Series )

Posted by on Oct 2, 2017 in FINRA, Law & Beyond | 0 comments

Introduction to FINRA Arbitration for Investors (Part 1 of a Series	)

Arbitration is a form of dispute resolution frequently used as an alternative to a traditional lawsuit.  Instead of a judge or jury deciding the matter, one or more arbitrators are selected as neutral third parties to decide the dispute.  The arbitrators read the parties’ written submissions, listen to witness testimony, review evidence, and ultimately issue a written decision, commonly referred to as an “award” (as opposed to “judgment”).  The award is usually final and binding on all the parties: while a party can challenge a final award in...

read more

On-call Rest Periods: Augustus v. ABM Security Services, Inc.

Posted by on Sep 30, 2017 in Employment, Law & Beyond | 0 comments

On-call Rest Periods: Augustus v. ABM Security Services, Inc.

Late last year, in a controversial, split decision, the California Supreme Court ruled that employers cannot require employees to remain “on-call” during rest periods, and that state law prohibits both on-duty and on-call rest periods. BACKGROUND The relevant facts are as follows.  The plaintiffs, including named plaintiff Jennifer Augustus, worked as security guards for defendant ABM Security Services, Inc. (ABM). One of the requirements of employment at ABM was for guards to keep their pagers and radio phones on and to remain vigilant and...

read more

Move Away Orders

Posted by on Sep 28, 2017 in Law & Beyond | 0 comments

Move Away Orders

One of the most challenging issues that arise involving child custody and visitation orders post separation has to do with “move away orders.”  This occurs when one parent wants to move with a child (or children) to a geographic location that would upset the balance of the existing custodial and/or visitation situation. This article will discuss the law applicable to move away orders, and the factors considered by the court when issuing these orders. In general, a state may make a custody decision about a child if any of the following...

read more

New/Updated Workplace Laws for 2017

Posted by on May 15, 2017 in Employment, Law & Beyond | Comments Off on New/Updated Workplace Laws for 2017

New/Updated Workplace Laws for 2017

Starting some time in 2016, or as of January 1, 2017, there are almost two dozen new laws that impact California employers.  Brief summaries of those laws are contained in this article. (They are listed by Assembly Bill (AB) and Senate Bill (SB), in numerical order.)   ABX2-7 – Expanded Smoking Bans in the Workplace (Effective June 9, 2016) California law already prohibits smoking in the workplace.  This bill expands those prohibitions and eliminates some exceptions to the ban.  Prior to this bill, hotel lobbies, bars, taverns, gaming...

read more

Purchasing Commercial Real Estate in California

Posted by on Apr 25, 2017 in Law & Beyond | 0 comments

Purchasing Commercial Real Estate in California

In what form of ownership should one hold commercial investment property in California?  The options include owning property in one’s own name or in some corporate form, such as a limited liability company (“LLC”), a C-Corporation, or an S-Corporation.  As discussed below, the general “pros” include asset protection/liability indemnity avoidance, anonymity, tax advantages, and estate planning benefits. The general “cons” include additional costs and potential difficulty in obtaining a mortgage.  On balance, the best option for most investors...

read more

What to Look for When Negotiating a Term Sheet for Venture Capital Financings

Posted by on Apr 17, 2017 in Law & Beyond | Comments Off on What to Look for When Negotiating a Term Sheet for Venture Capital Financings

What to Look for When Negotiating a Term Sheet for Venture Capital Financings

What is a term sheet and why is it important to an entrepreneur?  In short, a term sheet is a formal document that spells out the initial agreement reached between an entrepreneur and a venture capitalist. It is the primary document attorneys use to draft the final agreement between the parties and resolve any disputes. It is typically the product of high stakes, emotional negotiations between the founders of a company and venture capitalists. For the unwary entrepreneur, a term sheet that seemed like a great deal at the time it was signed...

read more

Commissions, Overtime and Exempt Status of California Employees

Posted by on Mar 17, 2017 in Employment, Law & Beyond | 0 comments

Commissions, Overtime  and Exempt Status of California Employees

Employment commissions are defined in the California Labor Code.  Specifically, California Labor Code Section 2751 provides as follow: (a) Whenever an employer enters into a contract of employment with an employee for services to be rendered within this state and the contemplated method of payment of the employee involves commissions, the contract shall be in writing and shall set forth the method by which the commissions shall be computed and paid. (b) The employer shall give a signed copy of the contract to every employee who is a party...

read more

Date of Separation in California

Posted by on Feb 6, 2017 in Family Law, Law & Beyond | Comments Off on Date of Separation in California

Date of Separation in California

What is the legal “date of separation” in California, and why is it important for divorcing couples?  The date of separation generally refers to the date the couple’s marriage “ended”, and is used to determine property rights and spousal support. Impact of Date of Separation California Family Code Section 760, defining community property, provides, “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.”...

read more

Private Equity Fund Formation

Posted by on Jan 5, 2017 in Law & Beyond | 0 comments

Private Equity Fund Formation

What is a private equity fund, and how is one formed? A private equity fund is an investment vehicle, whereby capital is used for privately negotiated investments. Types of funds include growth equity, real estate, venture capital, secondary markets, corporate pensions, endowments, wealth funds, and special opportunity.  They are typically structured as fixed-term limited partnerships, wherein the investors (the partners) have agreed to contribute capital to the fund.  In the beginning, the investors typically make unfunded commitments to the...

read more

California Severely Limits The Use of Choice of Law and Venue Provisions in Employment Contract

Posted by on Jan 5, 2017 in Law & Beyond | 0 comments

California Severely Limits The Use of Choice of Law and Venue Provisions in Employment Contract

Starting January 1, 2017, California Labor Code, Section 925 generally prohibits choice of law or venue provisions in employment contracts for California employees.  Section 925 provides as follows: (a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would do either of the following: (1) Require the employee to adjudicate outside of California a claim arising in California. (2) Deprive the employee of the substantive protection of California...

read more