Daily Law Group
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Newport Beach California Legal Blog

What can you do to protect your company's name?

Your company's name will be a part of your brand, and you hope that one day it will be known throughout California, across the United States and even around the world. To garner that kind of attention, though, you need to ensure that your claim to the name is ironclad. Otherwise, you could end up in a tradename dispute.

According to the Small Business Administration, in addition to circumstances where two companies each claim the right to a name, there are a number of other threats to your trade name:

  • Impersonators
  • Scammers
  • Tradename hijackers
  • Business identity theft

Careful planning can protect against a breach of fiduciary duty

There comes a point for most people in California when they are no longer able to manage their own financial affairs. Individuals can plan for that day by naming a fiduciary agent in their estate planning documents.

AgingCare.com explains that this may be a financial power of attorney agent who will take over when a person is incapacitated, or it could be a trustee who manages assets in a trust. These roles both come with a hefty amount of responsibility, as the duties involve making financial decisions that have such a big impact on the lives of the beneficiaries.

What is trustee self-dealing?

When you create a trust and hand the keys to your assets over to another individual, you expect that this person has the character to hold that position without abusing its authority. However, far more often than you might suspect, trustees may not always act in the best interests of the trust's creator or beneficiaries.

In some instances, this is simply a matter of allowing personal conflicts between those associated with the trust and the trustee to take precedence. This can compromise the trustee's perspective and decisions and present a very frustrating turn of events. However, with careful handling, it is possible to resolve the interpersonal conflicts and still enjoy quality work from the trustee.

Is an asset-based loan right for your company?

Your California company has been growing by leaps and bounds, but at this point, you need capital if you're going to continue to thrive. Should you seek new investors? Or would it be better to talk to a lending institution? 

Entrepreneur magazine explains that if your financial statements are in good shape, your inventory is commonly sold and your customers regularly pay their bills, you may want to consider an asset-based loan.

Common operating challenges and your international business

Your company has recently made the exciting decision to pursue business on an international level from your headquarters in California. The possibility of expanding globally and reaching new audiences is an incredibly exciting opportunity, but also one that you should carefully navigate to avoid costly consequences. At Daily Law Group, we have helped many international business owners to determine their legal needs as they expand at a global level. 

As with any aspect of operating and growing an organization, exploring the world of international business can be risky and present you with an entirely new set of challenges. According to Chron, perhaps the most obvious learning curve you will face is related to language and culture. Understanding the differences between cultures and how to modify your advertising is critical to effectively showcase your product or service to potential consumers. 

Before sending an employee on an assignment overseas

The team at the Daily Law Group in California understands that to compete in a global market, you have to be able to maximize your employee expertise in locations around the world. For example, if you have a business location in the Middle East, you may need to send someone from your California office to learn and share the knowledge and cultures of the organization with both locations.

According to the Harvard Business Review, you should consider these factors first, or the process may be cost-prohibitive.

Handling a dispute with business partners

Our law firm recognizes that business owners in various fields face many challenges. Sometimes, these hardships may involve staff members, such as sexual harassment allegations as we have discussed on our blog. In other cases, customers may be involved or a business owner may have questions about taking their company global. However, problems can also arise with respect to business partners, and this can be especially tough for those who own major corporations, small family-run businesses, or any type of company. Unfortunately, disputes that arise involving business partners can have a wide range of ramifications if they are not dealt with appropriately.

In some instances, a business owner may be able to resolve a dispute with their business partner(s) without even going to court. Simply discussing the issue(s) at hand and clearing up confusion is enough to resolve the situation and minimize stress for all parties. Unfortunately, this is not always an option and legal action is inevitable in some cases. For business owners, litigation can bring a number of consequences, from those which are temporary (anxiety, lost time) to those which may have long-term ramifications (losing crucial partnerships, damage to your reputation, financial penalties, etc.). As a result, it is pivotal to work through a dispute with your business partners carefully.

How to choose the best possible trustee

Creating a trust may be one of the best estate planning decisions you ever make. With so many steps to take and potential trouble lurking around every corner, it's important to proceed with caution.

One of the most important decisions you will make is the selection of a trustee. You must name a person who is honest, trustworthy and willing to do whatever it takes to ensure that your trust is always in good hands, even after you are gone.

Wage violations and business litigation

A business may be taken to court for a myriad of reasons and many have been examined on our blog. However, those which involve employee rights can be especially complicated for a business owner to work through due to a number of factors. For example, the outcome of such a case could have an impact on other workers and the entire company. Moreover, key relationships can be adversely impacted by allegations of wage violations and business litigation. In some instances, these cases are handled outside of court, but some employees who believe they have been subjected to any number of wage violations may decide to pursue their case in court.

From denied breaks to unpaid overtime and failure to pay minimum wage, there are many different types of wage violations. In some instances, employees are wrongly subjected to violations of their rights. However, some employees fabricate stories or take certain details out of proportion and claim that they were subjected to wage violations in order to gain access to compensation or bring down a company's reputation. Either way, it is crucial for a business owner who finds themselves in court over wage violations to carefully assess the entire situation and make sure that all of the details involved in the case are closely reviewed.

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