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Newport Beach California Legal Blog

You Can Change The Way People See You And Your Business

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If you ever took a course in philosophy, perhaps you have heard of Heraclitus of Ephesus. Even if you cannot identify him, you are likely familiar with his saying that the only constant in life is change. It may be typical to want things to change as you are younger. As you get older, you might find it harder to adapt to change. However, founding partner of Daily Law Group, James Daily, recently contributed to a CNBC article on how you can recreate yourself because whether you welcome it or not, change is inevitable.

Do You Need To Grow Your Business?

Change might be difficult for you to accept or pursue. But in many cases, once you wrap your mind around the changes that are happening around you, you can use that energy to make changes within, and for, yourself. Embracing changes in your life might include recreating yourself, and that could cause others to see you differently - both in your personal life and in business.

Expanding internationally? Pay attention to immigration issues

There are many different issues to consider if you are expanding your business overseas. This may be a great opportunity, but there are a number of legal matters that you may have to look into before moving ahead.

Explore immigration laws in the country you are targeting

While there are many factors to consider during a business expansion, you will also need to explore immigration issues. From acquiring visas for business-related travel to work permits, there are all sorts of immigration topics that you will need to be aware of before booking your flight. As with all other aspects of international business, it is pivotal to approach these issues carefully.

When to use and when not to use an NDA

Entrepreneurs in California looking to get a new venture off the ground may well be interested in securing venture capital in order to help fund their new business. Certainly, it will be necessary for a person to share detailed and even confidential information with a potential investor in order for that party to determine whether or not they will financially support the effort. Before rushing to have a venture capitalist sign a nondisclosure agreement, however, entrepreneurs should stop for a moment.

As explained by Entrepreneur magazine, a VC is not like other parties with which sensitive business information is shared. A VC is in no way a potential competitor in part because they have likely already built businesses and their interest does not lay here any longer. They are simply looking for opportunities to make money without undergoing the effort of starting a new company. If a potential investor were to consider divulging secret information, they may end up finding themselves in hot water with government regulators and that is something most would prefer to avoid.

Do you really know who you can trust?

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If you would, take a moment to consider trust. It's a commonly used word. Yet, the meaning may be complex. Sure, you might say you trust your neighbor to look after your dog when an emergency calls you out of town. Or you may trust that your kids will not answer the door when you are not at home.

But trust also matters when considering long term financial planning. Attorney James Daily, recently published an article in Forbes Magazine that offers advice about how people can protect their financial interests and build trust into their estate plan.

Allegations of discrimination and litigation

We have covered some of the reasons why business lawsuits surface, such as instances of sexual harassment. In this post, we will take a look at discrimination and some of the challenges that can arise in the wake of these allegations. There are many different types of discrimination and each case is unique, which can make it particularly difficult to handle a discrimination case. Moreover, the consequences of these cases can shatter a company, regardless of its size, by destroying the good reputation of a business and bringing on hefty financial penalties.

An employee may claim that they were discriminated against on the basis of their sexual orientation or age, or they may say that they were subjected to racial discrimination or mistreated as a result of their gender. These are just some examples of discrimination and it is pivotal to handle each case appropriately by reviewing the ins and outs of what is alleged to have taken place. If discrimination did occur, it is important to address the wrongdoing and prevent future instances of discrimination from occurring.

5 ways to choose the right trustee

Choosing a trustee is one of the biggest estate planning decisions you'll make, as this person will take on a variety of duties upon your death or if you're incapacitated for any reason.

While some people have a clear idea of whom to name as their trustee, others are unsure of where to begin their search. Furthermore, there may come a point when you get the feeling that your trustee is up to no good, thus causing you to make a change.

When your business partner breaches a contract

When you enter into a business partnership with another person in California, you need to have a certain degree of trust in this individual, as any profits or losses your business experiences will directly affect you both. Even if you have the utmost trust in the person with whom you form your partnership, having a carefully crafted partnership agreement in place may help prevent major problems down the line. At the Daily Law Group, we recognize that problems can arise when one party in a business partnership breaches a contract, and we also understand that having a partnership agreement in place may give you additional legal recourse in the event that this happens to you.

According to the Houston Chronicle, you will typically have several options after a business partner breaks a contract. Depending on your specific circumstances and the circumstances surrounding the contract breach, you may have reason to wish to preserve the relationship between you. If so, you may want to try to negotiate a settlement that holds your partner accountable for the breach, but without irrevocably damaging the relationship between you.

Should you have a legal team for your business?

Californian business owners all have their own unique differences, but that doesn't mean you have nothing in common at all. In fact, one similarity is that many business owners run into situations in which legal help might be needed. What about you? The Daily Law Group is here to talk about the importance of having a strong legal presence on your side.

Though it isn't really necessary for smaller businesses to have a full-blown legal team working for them, almost every single business owner could benefit from having a little extra legal expertise to turn toward. This applies at many different stages of a business's life, including:

  • At the start, when ideas are still being hashed out
  • When the company is beginning to be formed
  • During acquisitions or mergers
  • During changes of hand
  • During large company-wide policy or procedural changes
  • If you intend to sell the business

Jury awards millions in damages in breach of contract case

When there is a breach of contract dispute between businesses in California or elsewhere in the country, the result could be litigation. If the case goes to court, of course, evidence such as the original agreement and communications between the two companies is critical in convincing a judge or jury of guilt. However, a lack of evidence could be considered proof of wrongdoing, as well, particularly if important documentation disappears.

A book manufacturing company in California, EPAC Technologies, recently won a civil lawsuit claiming that HarperCollins had breached the contract made for EPAC's services by making false claims in order to get out of the agreement. EPAC claimed that HarperCollins committed fraud, as well. A jury unanimously agreed on the guilty verdict in the case that lasted six years. HarperCollins is appealing the decision.

Do you know how to protect your trademark?

As a business owner, you're fully aware that your intellectual property is valuable. What you may not understand is that there are many steps you can take to protect this property.

Preventing other individuals and companies from using your trademark is easier said than done, especially if you don't have someone on staff who can devote the necessary time and attention to these matters.

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