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Potente, Business Lawyer and Company Formation

EMPLOYEE OR INDEPENDENT CONTRACTOR? – CALIFORNIA ADOPTS MORE RESTRICTIVE “ABC” TEST

Just before the world celebrated May Day, an international day honoring workers, the California Supreme Court changed how independent contractors are classified under state law. This law may affect many industries that routinely rely on the independent contractor classification for its workers. In deciding Dynamex Operations West, Inc. v. Superior Court, the...

Potente, Business Lawyer and Company Formation

SHOULD YOUR BUSINESS CONSIDER BECOMING A BENEFIT CORPORATION?

In 2010, Maryland became the first state to authorize benefit corporations. Since then, thirty-one states, including California, have passed benefit corporation laws, making it the most successful social purpose entity in terms of its widespread acceptance amongst companies and legislatures. The primary aspect of the benefit corporation which makes it...

Potente, Business Lawyer and Company Formation

UPDATE: Federal Judge Blocks New Overtime Law

Last week, a Texas federal judge halted the implementation of a federal overtime rule, which would have substantially increased the federal salary threshold for overtime pay exemptions. The Texas court granted a national injunction – which is a legal term basically meaning ‘maintaining the status quo’ –preventing the salary threshold...

Potente, Business Lawyer and Company Formation

WHAT MAKES A FRANCHISE?

If you are a business owner with multiple locations or you’re looking to expand your current operation to new locations, it is important to know if you’re considered a franchise or not. It does not matter what label the parties to an agreement put on a transaction (i.e., license, joint...

Potente, Business Lawyer and Company Formation

THE UNPREDICTABLE IMPLICATIONS OF CALIFORNIA’S MINIMUM WAGE INCREASE AND WHAT IT MEANS FOR YOUR BUSINESS

By 2023, California’s minimum wage will reach $15.00 an hour, making it the highest minimum wage in the country.[1] While the benefits and burdens of this increase are mostly speculative, the empirical examples of wage increases in West Coast cities may illuminate an otherwise murky future for small businesses. Like...

Potente, Business Lawyer and Company Formation

CALIFORNIA: IDEAL FOR BUSINESS INCORPORATION DESPITE CRITICS’ OPINIONS

According to critics, California is one of America’s worst states for business incorporation due to its economy, tax system, and highly regulated environment. Just this past month, in the CNBC’s 2016 ranking of all 50 states according to “60 measures of competitiveness,” California was placed at No. 32, and in his “Rich States,...

Potente, Business Lawyer and Company Formation

DISPARAGING TRADEMARKS: The case of “in re Tam” and its current impact

This year’s Supreme Court docket could mean a great deal to trademark attorneys—and the National Football League team, Washington Redskins. In re Tam is currently pending before the Supreme Court, and this case addresses the constitutionality of a part of trademark law—§2(a) of the Lanham Act—that denies registration to marks...

Potente, Business Lawyer and Company Formation

REVOCABLE TRANSFER ON DEATH DEEDS

On January 1, 2016, a new California law went into effect that authorizes the use of a transfer on death deed (“TOD deed”) to allow an owner of certain types of real property to transfer that property to a named beneficiary that is revocable up until the grantor’s death. This...

Potente, Business Lawyer and Company Formation

THE DIY EPIDEMIC

There is no doubt that the rapid advancement in technology over the last thirty years has been for the better. We have access to all the world’s information with the click of a button, and can do things our ancestors would have deemed nothing short of impossible. However, as new...

Potente, Business Lawyer and Company Formation

THE DIGITAL ASSET

Well, we made it through October 21, 2015 without seeing flying cars whizzing through the air, and your child has not quite ditched the neighborhood skate park to ride hover boards. With 2016 nearly upon us and being one of the lucky individuals to have experienced “Back to the Future...

Potente, Business Lawyer and Company Formation

THE TRANS-PACIFIC PARTNERSHIP

As many of you know, our law firm has a strong international presence. We may be a boutique law firm, but we have extensive experience in representing clients from over fifteen different countries here in the United States. Additionally, we serve as a guiding force for our U.S. based clients...

Potente, Business Lawyer and Company Formation

THE ELECTRONIC LEASH

The “electronic leash” is strangling your neck anywhere and everywhere you go. This “leash” is that wonderful little piece of technology known as your cell phone. On a positive note, what a magnificent piece of technology! You can browse a constant stream of news, have copious opportunities to have dialogue...