Beware of Successor Liability in Connection with Family Owned Business

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A corporation ordinarily is not liable for the debts of other entities or its owners in the absence of an express agreement, such as a guarantee. However, a creditor of one company may try to impose liability on one or more non-debtor entities under “alter ego” or “successor liability” theories in certain circumstances. In these …Read more

How to Select a Trial Attorney for Your Bay Area Business

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Working with a reputable law firm to assist you in drafting and negotiating agreements for sales, real estate transactions, employment agreements, and intellectual property licenses, has never been more essential to the success of your business. The attorney you choose should be focused on preventing problems and helping you navigate your company through a challenging …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

Frivolous Lawsuit Seeking More Than $3.8 Million in Damages from Washington D.C. Based Client Dismissed

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Finkel Law Group is pleased to report that it has scored another victory for one of the firm’s clients in Santa Clara County Superior Court. In August 2014, a client from Washington, D.C. contacted our office in San Francisco seeking our assistance to defend against a frivolous lawsuit filed against him in California seeking $3,833,440 …Read more

Finkel Law Group Helps Firm Secure Settlement in Contract Dispute

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Sometimes when a small company conducts business with a larger company, the respective bargaining power of each party is not equal. The larger company almost always has the small company over a barrel. That’s never the case when Finkel Law Group represents your company in litigation with a larger, well-funded adversary. Our firm recently helped …Read more

Victory in Residential Mortgage Foreclosure Case in Alameda County Superior Court

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The residential mortgage foreclosure crisis continues to grind onward across California resulting in the eviction of thousands of Californians from their homes. Even as numerous banks, including the largest in the United States, have paid billions of dollars in fines and penalties for their unlawful actions, they relentlessly pursue unlawful foreclosures and evictions from the …Read more

California Construction Contracts: 5 Key Things to Consider

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The most important tool for a construction company or contractor is your written contract.  Good solid construction contracts are the foundation for a positive experience for both you and your customers. It establishes a relationship with your customers and builds their confidence in you and your company. More importantly, a comprehensive and well written customer …Read more

False Advertising Claim Cases Get a New Standard

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The ability of a plaintiff to bring false advertising claims and concerns over unfair competition under federal trademark law just got a bit easier. On March 25, the U.S. Supreme Court issued its opinion in Lexmark International v. Static Control Components, ruling that Static Control may proceed with its false advertising counterclaim against Lexmark under …Read more

Forum Selection Clause Enforceable in Federal Court

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Over the years we have had clients from time to time question the time and effort it takes our attorneys to prepare a clear, enforceable contract. Some of them belittle the provisions as nothing more than “boilerplate” that they could have found searching legal form on the Internet. Not only does it take quite a …Read more

Management-Investor Conflict Can Lead to Costly Disruption of Business

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Unfortunately, it is not unusual for the owners of a privately held business – whether it be partners of a partnership, members of a limited liability company, or shareholders of a corporation – to become embroiled in conflict over management of the company.  This management-investor conflict can, at best, cause substantial disruptions to the operation …Read more