How to Avoid Risks When Partnering With Overseas Companies

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In case you’re not following the latest international business scandals – like Unaoil and the Panama Papers – We are seeing a rapid revolution in whether, when, and how companies conduct due diligence when engaged in partnering with overseas companies. This is particularly important in the San Francisco Bay Area where many home grown companies …Read more

Crowdfunding Investment Opportunities Now Available

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Let the crowdfunding begin! Monday May 16, 2016, was the first day that crowdfunding under Title III of the JOBS Act could be used by companies to raise money via the Internet. Below are links to a few of the portals that have been authorized by the SEC to serve as intermediaries in these transactions. …Read more

Tax Issues to Consider When Forming a California LLC

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Last week’s post discussed some important tax issues entrepreneurs should be aware of when forming and operating California partnerships. As we discussed, one of the most important factors to consider when forming a new enterprise is whether the business is initially expected to generate profits or losses and the tax consequences of those profits and …Read more

E-Commerce Companies Beware: It’s Now Possible to Copyright HTML

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It’s now possible to copyright HTML (hypertext markup language) code and text. More specifically, in a decision issued by the U.S. District Court for the Northern District of California in January 2016, the court ruled that the developer can copyright HTML code and text associated with a custom search results page of an online advertising …Read more

Tax Treatment of Equity Compensation

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Federal and state tax codes can take a big bite out of your company’s equity compensation. That’s why founders, executives, and employees of start-ups should understand the role that Internal Revenue Code Section 83 plays in the tax treatment of equity compensation that is given in exchange for services. Most startups use equity incentives instead of cash, at …Read more

Key Provisions to Focus On When Selling Your Business

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If you are interested in selling your business, you should be aware of some of the key provisions that typically appear in the deal documentation. Customarily, these clauses are expected by the buyers to support an agreement on price, timing and deal structure (i.e., merger, stock purchase or asset acquisition). While the specific details contained in such an agreement …Read more

California E-Verify Law Presents Challenges for Some Employers

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Under a new California law that took effect on January 1, 2016, California employers may face civil penalties of up to $10,000 for misusing E-Verify, the federal electronic employment verification system some employers use to verify employment eligibility of newly hired employees. The new  California E-Verify law makes it more difficult for some employers to …Read more

Final SEC Rules for Raising Money via Crowdfunding

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If you have been considering raising money via crowdfunding for your startup or small business, you may already know that this has been somewhat of a gray area in securities law. Back in 2012, Congress passed Title III of the Jumpstart Our Business Startups Act (“JOBS Act”). Since then, the Securities and Exchange Commission (“SEC”) …Read more

Three Ways You May Be Sharing Trade Secrets With Competitors and How to Stop

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Trade secrets come in many forms. They commonly include customer lists, programming data, pricing information, employee compensation and benefits, cost matrices and secret recipes. Whatever information a company develops or acquires for the purpose of gaining a competitive edge that it does not share with others will likely fall within the definition of “Trade Secret.” …Read more