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

The Value of Keeping Corporate Minutes

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Many corporate clients ask why they should spend the time and money to maintain corporate minutes. This is especially common in small or family-run operations. Other corporate clients don’t even bother asking the question, they just don’t do it. When I am asked why they should go through the time and expense of preparing minutes …Read more

5 Key Agreements Every CEO Should Review With an Attorney

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From one vantage point, a business is only a business when it has “agreements” in place that govern its relationships with other parties: agreements with clients to deliver goods or services in exchange for compensation agreements with vendors to pay for products and services agreements with employees, financiers, landlords, insurers, etc. You get the idea. …Read more

Succession Planning for Your California Family Business

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First and second-generation family business owners spend an inordinate amount of time focused on building and preserving their family legacy. This is an enormous amount of work. For starters, it means not only growing the business and making it successful, but also positioning it for the unique and frequently delicate type of transition that takes …Read more