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Newport Beach California Legal Blog

Signature dance moves may not be protected by copyright laws

The point of intellectual property laws in California, the United States and around the world is to allow people to profit from the creations they dream up. According to the World Intellectual Property Organization, that includes inventions, art, symbols and more, which the creators may use in commerce

Forbes reports that many celebrities are claiming a popular video game company is stealing their intellectual property. The property in question? Signature dance moves. 

The risks and benefits of structured finance

If you are the owner of a business, you will know that a key part of successful growth is about gaining the right type of financing. Financing for businesses can be a great deal more complex than individual financing such as mortgages or loans. Structured financing options are created for borrowers who need financing on a large scale. In order to do this, they will want to make sure that they are minimizing their risk, and this is why the lending process becomes more complex.

Structured finance works with the borrower in mind and aims to help them finance their growth while dealing with debt and making sure that the debt is secure. There are both opportunities and risks associated with structured finances, and it is important to seek guidance to understand the intricacies of the law before committing to a structured finance plan.

The Foreign Corrupt Practices Act; part two

In a previous blog, we reviewed two provisions of the Foreign Corrupt Practices Act. If you are part of a company in California that is involved in international business transactions, you may have more questions about this law, particularly because violations can result in investigations, sanctions and penalties that could cost your company millions. We at the Daily Law Group have a deep understanding of all the legal aspects of the FCPA, and how companies can stay safely within its boundaries.

There are two factors that we should define further in order to clarify whether a payment--or a promise or offer of payment--made to a foreign official in the course of doing international business is, in fact, an illegal bribe.

The Foreign Corrupt Practices Act; part one

The United States has enacted federal laws to regulate certain international trade actions. Companies in California and elsewhere in the country may find themselves under investigation if they do not take care to become familiar with the ways these laws may intersect with their international business transactions.

According to the U.S. Securities and Exchange Commission, since 1977, the U.S. Department of Justice and the SEC have been enforcing the Foreign Corrupt Practices Act to prevent U.S. companies from bribing foreign officials in order to gain business.

Construction defects: Things you need to think about

Just the same as a home, when you hire a contractor to construct a commercial building, you expect them to do so with integrity. While this typically happens, there are times when things go wrong.

If you come across a construction defect, the first thing you should do is talk to your contractor. It's not always an easy conversation to have, but it's often the simplest way to find a solution. By working together, you can resolve the problem in a timely manner, thus saving both parties additional stress.

Research and analysis critical in writing distribution agreements

When companies in California wish to sell a product or service to their customers, they have a couple of options for accomplishing that goal. First, they can consider developing their team of talented sales professionals who are tasked with enthusiastically and informatively educating customers on the use of each product offering. Second, they can rely on distributors to oversee the selling of their products through the implementation of an agreement that outlines their expectations and requirements. 

According to bizfluent.com, when people are first writing a distribution agreement, they can benefit from thoroughly researching other, similar agreements in their industry. As they develop their contract, they should regularly reference their draft in finding places where necessary modifications may need to be made. A distribution agreement may also extend beyond selling, as many distributors also provide companies with the option of delegating other tasks such as technical support. When finalizing the terms of an agreement, both parties should be clear on who is assuming the risks of selling the product. 

What are the grounds to remove a trustee?

While being the beneficiary of a trust offers you some degree of security, it can also be the source of frustration in that you may feel subject to the whims of the trustee. From a high-level view, it may seem as though a trustee has all of the power over both a trust's property and its beneficiaries. Yet in reality, the trustee administering the trust you are party to in Newport Beach indirectly works for you and your fellow beneficiaries. 

It is a trustee's fiduciary duty to comply to the terms of the trust instrument. Insomuch as those terms benefit you and the trust's other beneficiaries, the trustee has a duty to you all to see them through. A failure in that regard is among the many situations that could give you grounds to seek their removal. 

What are the signs of investment fraud?

More often than not, California business men and women make investments based on sound research and trust. However, it is not unheard of for even the savviest of investors to fall for investment fraud. If you fall victim of an investment scam, you stand to lose hundreds of thousands to millions of dollars, which is why it is imperative that you know the signs of fraud so that you can avoid it. 

Business Insider details a few signs that an investment is too good to be true. The first immediate sign of investment fraud is fishy broker tactics. If a broker describes an investment as "the next big thing," if he or she promises that a deal will make you rich or if he or she acts as if he or she has "inside information," it would be in your best interest to back away from the deal before you get in any deeper. Also, be wary of brokers who put a timeline on an investment.

Do you know your rights if your parent disinherits you?

When your parents have significant means, it is common to expect to receive at least a portion of those assets when your parent dies. Typically, people who create estate plans do so to provide the best possible future for their children and loved ones. Unfortunately, sometimes the last will or estate plan of a person you love and trust doesn't seem to reflect the nature of your relationship.

Perhaps your parent remarried very late in life and left most of their assets to a spouse. Maybe they went so far as to completely disinherit you. If the last will or estate plan is different from what you remember or seems unfairly skewed, the result can be feelings of anger or even betrayal.

Recognizing the potential of your new business venture

You have recently come across a promising new business venture, but you are unsure if it is the right decision. Conducting an analysis is critical to prevent wasting resources in something that is not what it appears to be. However, spending too much time making your decision could potentially compromise your opportunity and leave you with a missed chance at something very successful. At Daily Law Group, we have helped many companies in California to protect their assets as they embark on new business ventures. 

Finding business opportunities is one thing, but recognizing whether or not they have the potential to benefit your company is an entirely different beast. According to Inc.com, the opportunity you are considering should be feasible considering your location and the geographical limitations that you have. It should also be something you can actively pursue without compromising your resources because of the condition of the market and the economy. If you will be releasing a new product or service, it should provide a solution to a need that consumers are currently experiencing. 

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