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# California Business Attorneys | Oakland CA

Finkel Law Group | San Francisco Bay Area

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## Posts

- [Insights](https://finkellawgroup.com/insights/)
- [What Business Content Is Protected by Copyright Law?](https://finkellawgroup.com/2026/07/27/what-business-content-is-protected-by-copyright-law/) - Learn what business content copyright law protects, including websites, marketing materials, software, photographs, videos, and other creative assets.
- [Filing a Trade Secret Misappropriation Lawsuit](https://finkellawgroup.com/2026/05/26/filing-a-trade-secret-misappropriation-lawsuit/) - Trade secret litigation begins long before your company decides to file a complaint against the responsible parties. Once your company has reason to believe that confidential business information has been taken, copied or used improperly, the next question is not simply whether to sue. It is where to sue, whom to sue, what claims to
- [Managing the Transaction Process - From Term Sheet to Closing](https://finkellawgroup.com/2026/07/14/managing-the-transaction-process-from-term-sheet-to-closing/) - Understand the M&A transaction process, from LOI to closing, and learn how experienced counsel helps buyers and sellers avoid costly mistakes.
- [Delaware Court Rules that Stockholder Right to Inspect Books is a Matter of "Internal Affairs"](https://finkellawgroup.com/2020/09/10/delaware-court-internal-affairs/) - Understand how the Delaware Court handles internal corporate affairs. We analyze the legal implications for businesses incorporated in Delaware today.
- [Supreme Court Upholds Birthright Citizenship](https://finkellawgroup.com/2026/06/30/supreme-court-upholds-birthright-citizenship/) - The U.S. Supreme Court has reaffirmed the constitutional guarantee of birthright citizenship.
- [Choosing the Right Financing Structure for Your Commercial Real Estate Project](https://finkellawgroup.com/2026/06/09/choosing-the-right-financing-structure-for-your-commercial-real-estate-project/) - Learn how commercial real estate financing affects cash flow, risk, flexibility, and profitability, and how to choose the right financing option.
- [Paycheck Protection Program Clarifications](https://finkellawgroup.com/2020/05/15/paycheck-protection-program-clarifications/) - The CARES Act created the Paycheck Protection Program through which small businesses and not-for-profit organizations with fewer than 500 employees are eligible to receive low-interest, small business loans to provide a much-needed cash infusion to help weather the storm created by COVID-19. During the first tranche of business funding financial institutions made loans to such
- [Detecting Early Signs of Trade Secret Theft by Competitors](https://finkellawgroup.com/2020/08/26/detecting-trade-secret-theft/) - Trade secrets are frequently associated with a company’s most valuable and profitable products and services. Maintaining control of critical confidential information is often essential to a growing a company’s revenue stream, enhancing product development, moving into new markets, and continuing to grow and succeed. Along with restricting access to trade secret information to a need-to-know
- [10 Tips for Managing Your Business During the Coronavirus Pandemic](https://finkellawgroup.com/2020/06/02/managing-business-during-coronavirus-pandemic/) - While we all struggle with the unknown implications of the Coronavirus on our families, friends, and business associates, there are some things a company may wish to consider doing to address the impacts of conducting business in this financially distressed climate. Here are 10 tips you may wish to consider: 1. Maintain Communication with Clients, Customers,
- [Understanding Title I of the CARES ACT, Including the Paycheck Protection Program](https://finkellawgroup.com/2020/04/29/understanding-cares-paycheck-protection-program/) - On March 27, 2020, Congress passed and the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), a third piece of emergency legislation aimed at providing Americans with relief from the Coronavirus pandemic, which continues to sweep across the country relentlessly leaving lost lives, fractured families, and bankrupt businesses in
- [How to Manage Your Commercial Lease During the Coronavirus Crisis](https://finkellawgroup.com/2020/04/21/commercial-lease-coronavirus/) - The Coronavirus pandemic is sweeping across the United States and, despite recent signs it may be abating in certain communities, most of the country is under some form of shelter-in-place order that in all likelihood will not be lifted for at least several weeks. The swift and persistent spread of the virus in California is
- [What to Do When an Employee Steals Company Trade Secrets](https://finkellawgroup.com/2020/03/09/employee-trade-secret-theft-response/) - If an employee of your company stole an item of tangible company property when he left to start another job – like a car, or computer, or airplane – would you just let it go? Of course not. Yet, studies show that 50 percent of departing employees take confidential business information from their employer before
- [New Legislation that May Affect Your California Business in 2020](https://finkellawgroup.com/2020/02/19/new-legislation-california-business-2020/) - We’ve reviewed this year’s legislation coming out of Sacramento to bring you this concise outline of the key statutory changes that could impact your California business sometime in 2020. We hope you find it useful. California Consumer Privacy Act Provides New Personal Information Privacy Rights to Consumers. The legislature amended the California Consumer Privacy Act
- [How to Decide if You Should File a Lawsuit Against Your Former Employee for Trade Secret Theft](https://finkellawgroup.com/2020/01/31/file-lawsuit-against-former-employee-trade-secret-theft/) - Now that you know with certainty that a former employee has left your company for a competitor, and in the process, has stolen your company’s valuable trade secrets, you need to decide whether to file a lawsuit to recapture the stolen intellectual property and recover your damages from him and any other individual(s) involved. The
- [New Commercial Real Estate Loan Requirements for Delaware LLC's](https://finkellawgroup.com/2019/12/03/commercial-real-estate-loan-requirements/) - Commercial real estate borrowers and mortgagors formed as Delaware limited liability companies (“LLCs”) should be aware of new loan requirements after recent amendments to Delaware’s LLC Act. The LLC Act amendment, which became effective in August 2018, allows Delaware LLCs to be divided into one or more newly formed Delaware LLCs and allocate assets and
- [Proactively Protecting Your Company's Trade Secrets from Theft by Employees](https://finkellawgroup.com/2019/11/21/protect-trade-secrets-theft/) - A few years ago, the Symantec Corporation and Ponemon Institute released the results of a survey of employees working for companies in six countries, including the U.S., Brazil, China, France, Korea and United Kingdom. The results were remarkable. They should place every chief executive on notice of the risks of data security breaches her company
- [Strategic M&A Deal Structuring in California: Evaluating Control, Liability, and Tax Impacts](https://finkellawgroup.com/2026/04/15/strategic-ma-deal-structuring-in-california-evaluating-control-liability-and-tax-impacts/) - Learn how California businesses can structure M&A deals to balance control, liability protection, and tax efficiency. Finkel Law Group can help with your deal.
- [What Is Copyright Law and Why Does It Matter for Your Company?](https://finkellawgroup.com/2026/05/11/what-is-copyright-law-and-why-does-it-matter-for-your-company/) - Copyright law protects original works of authorship. In practical terms, this means federal law protects many forms of creative expression. Learn more.
- [How Agreements Help Avoid Conflict Among Business Partners](https://finkellawgroup.com/2016/12/12/avoid-conflict-among-business-partners/) - Many business people fail to enter into appropriate ownership agreements that could protect them if the business fails, a partner dies, or the owners decide to part ways. Many entrepreneurs believe the legal fees and hassle needed to obtain properly drafted ownership agreements outweigh any potential benefits. When a new venture is launched, and money
- [Bankruptcy Your Only Option?](https://finkellawgroup.com/2013/04/10/is-bankruptcy-only-option/) - A business owner inquired whether he had to file bankruptcy for his corporation to avoid personal liability for the company’s debt, or whether there were other options to closing out the company. The company had few assets remaining, with a value of $20,000, and a tax debt for payroll taxes of $25,000, contributions due to
- [Customer File for Bankruptcy?](https://finkellawgroup.com/2013/03/13/customer-files-bankruptcy/) - When You First Get the Notice To many a business owner there is nothing more frustrating than opening the morning’s mail to find that one of your best long time customers has filed bankruptcy, owing you a lot of money. Is there no hope for getting paid? Not necessarily. In this series of postings, we
- [What Would You Do if Your Family Business' Property Were Contaminated](https://finkellawgroup.com/2019/11/06/contaminated-business-property/) - Does your family business own a piece of property that may be contaminated? We often hear clients say they do not want to know the answer to that question because they will be forced to do something about it. We disagree with that approach because you can’t make a good business decision about your potentially-contaminated
- [Understand Federal and State Securities Laws Before Raising Money](https://finkellawgroup.com/2019/10/29/federal-state-securities-laws-raising-money/) - Understand federal and state securities laws before raising money. Our California attorneys explain the critical regulations for compliant capital raising.
- [Trademark Office Issues New Guidlines on Trademarking Cannabis Products and Services](https://finkellawgroup.com/2019/09/24/trademark-protection-cannabis-products/) - Trademark protection for cannabis products explained. Our California IP attorneys navigate the complex federal and state laws for your cannabis brand.
- [SEC Issues Guidance for Investment Contract Analysis of Digital Assets](https://finkellawgroup.com/2019/08/14/investment-contract-digital-assets/) - On April 3, 2019, the Strategic Hub for Innovation and Financial Technology – known as “FinHub” – of the Securities and Exchange Commission (“SEC”) published a “Framework for Investment Contract Analysis of Digital Assets” (“Guideline”) to provide additional guidance to market participants in determining whether a “digital asset” meets the definition of an “investment contract”,
- [Federal Legislation Dealing with Cannabis Finance is on the Horizon, We Hope](https://finkellawgroup.com/2019/07/23/federal-legislation-cannabis-finance/) - Two bills currently making their way through Congress suggest 2019 might be the year when Congress finally prevents U.S. law enforcement and regulatory agencies from enforcing federal prohibitions on marijuana in states where cannabis is legally cultivated and sold in commerce. The SAFE Act On March 28, 2019, the House Financial Services Committee voted to
- [Critical Issues in Every M&A Transaction](https://finkellawgroup.com/2019/06/25/mergers-acquisitions-transaction/) - Navigating the complexities of M&A transactions. Finkel Law Group provides expert legal guidance for successful business mergers and sales in California.
- [How Not to Protect Your Company's Valuable Trade Secrets](https://finkellawgroup.com/2019/07/11/how-protect-valuable-trade-secrets/) - A federal district court in Illinois recently reminded all of us of how important it is to take the necessary steps to protect the proprietary information that you consider to be a trade secret before any misappropriation occurs. If you do so after the fact you may lose your ability to enjoin the thieves from
- [What to Expect When You File Chapter Eleven for Your Business](https://finkellawgroup.com/2018/07/02/file-chapter-11-business/) - In the face of insurmountable debt you have made the decision to declare bankruptcy. It should be a knockout blow. But, fully comprehending the mistakes made in managing debt, you have decided to get up again and pull your company through the crisis. Make certain you have in your corner, a lawyer seasoned in bankruptcy
- [When Your Start-Up Just Doesn't Take Off](https://finkellawgroup.com/2018/10/01/start-up-doesnt-take-off/) - All technology companies and their investors start with great enthusiasm. Why else would you start a tech company? But in the life cycle of some companies, the enthusiasm – and the money – disappears before the company has achieved its goals and positioned itself for an attractive sale or IPO. In these instances, as the
- [The Benefits of Business Advisors and Advisory Board](https://finkellawgroup.com/2018/10/29/benefits-business-advisory-board/) - If you’re looking for a fresh perspective on the issues confronting your company’s business, but you don’t wish to be bound by the recommendations of outsiders or acknowledge the need for assistance from your board of directors, then an advisory board may be a good vehicle to assist you and your management team. Unlike a
- [Strategic M&A Deal Structuring in California: The Impact of Timing, Industry, and Financing](https://finkellawgroup.com/2026/04/30/strategic-ma-deal-structuring-in-california-the-impact-of-timing-industry-and-financing/) - Explore how timing, industry trends, and financing shape M&A deal structuring in California, influencing practical transaction outcomes.
- [Responding to Suspected Trade Secret Misappropriation](https://finkellawgroup.com/2026/03/31/responding-to-suspected-trade-secret-misappropriation/) - Suspected trade secret misappropriation presents both legal and operational challenges for all companies whose critical assets include intellectual property.
- [Licensing Trade Secrets: When, Why, and How](https://finkellawgroup.com/2026/01/28/licensing-trade-secrets-when-why-and-how/) - Licensing trade secrets: when, why, and how. Our California attorneys explain the strategic benefits and legal risks of sharing your proprietary data.
- [Trade Secret Protection Strategies for California Businesses](https://finkellawgroup.com/2024/04/09/trade-secret-protection-strategies-for-california-businesses/) - Discover trade secret protection strategies for California businesses to safeguard confidential information and prevent misappropriation.
- [Starting Your New Business on the Right Foot](https://finkellawgroup.com/2022/02/28/starting-your-new-business-on-the-right-foot/) - Start your new business on the right foot with expert legal advice. We guide California entrepreneurs through formation, IP, and contract essentials.
- [Raising Money as a Public Benefit Corporation](https://finkellawgroup.com/2019/06/17/raising-money-public-benefit-corporation/) - As a host of problems plague civilization – including the rise of authoritarian states, state sponsored electronic espionage, income inequality and climate change – people and markets are increasingly insisting that corporations generate positive social impact alongside profit. Investors have taken notice. The global impact investing market doubled from $114 billion in 2017 to $228
- [Video: Business Financing Options - Debt Financing](https://finkellawgroup.com/2019/02/07/business-financing-options-video/) - Watch our video on business financing options. Our attorneys break down the differences between debt and equity to help your California company grow.
- [Selling Securities in Cryptocurrency Companies](https://finkellawgroup.com/2018/09/18/selling-securities-cryptocurrency-companies/) - Cryptocurrency companies have become all the rage. That trend may continue for some time. Most companies considering an Initial Coin Offering to U.S. investors have resigned themselves to the fact that their proposed offering is likely considered an offering of securities by the U.S. Securities and Exchange Commission (“SEC”). Thus, it must be made in
- [Negotiating Commercial Lease Surrender Provisions](https://finkellawgroup.com/2018/03/14/commercial-lease-surrender-provisions/) - Understand commercial lease surrender provisions. Our California real estate lawyers explain the legal obligations for tenants and landlords at exit.
- [How to Negotiate a Tenant Improvement Allowance](https://finkellawgroup.com/2017/08/09/negotiate-tenant-improvement-allowance/) - Congratulations. Accelerating sales have driven your young company toward an important crossroad. You need more space. You have found a commercial location that satisfies all your requirements and now you are getting ready to sign a lease. Remember to plan ahead so you can negotiate a tenant improvement allowance that will satisfy your needs. Here
- [Important Lease Provisions for Growing Companies](https://finkellawgroup.com/2017/02/28/important-lease-provisions-growing-companies/) - You set out with an idea. You raised funding to nourish it and built a team to drive it to market. At an early point in your growth you arrive at a milestone: the need for more space. It is an affirming mark of your progress but, it brings with it a complex set of
- [Final Pay Rules When Employees Retire](https://finkellawgroup.com/2016/10/11/final-pay-rules/) - The California Supreme Court has held, in a case of first impression that the state’s final pay rules for retiring employees apply in the same manner as to employees who quit. This is an important clarification ofCalifornia employment law
- [How to Respond to Government Inspections](https://finkellawgroup.com/2016/08/17/respond-government-inspections/) - How would you respond to a staff member who called to report that a company facility was receiving an unexpected government inspection? The agents could represent federal or state environmental, health and safety or taxing authorities. Almost certainly they will be requesting access to your company’s facility or offices in short order, perhaps immediately. Is
- [Key Provisions to Focus On When Selling Your Business](https://finkellawgroup.com/2016/02/23/selling-your-business/) - 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
- [5 Key Agreements Every CEO Should Review With an Attorney](https://finkellawgroup.com/2015/11/30/key-agreements-ceo/) - 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.
- [Beware of Successor Liability in Connection with Family Owned Business](https://finkellawgroup.com/2018/03/22/successor-liability-family-business/) - 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
- [Important Corporate Documents for a Successful Business Sale](https://finkellawgroup.com/2016/11/30/corporate-documents-for-successful-business-sale/) - The last thing most founders think about when they start up a company is selling it. If one of the possible exit strategies is to sell your company, you should be thinking about the documentation you’ll need for a successful business sale from the very beginning. It may be years down the road but the
- [How to Avoid Risks When Partnering With Overseas Companies](https://finkellawgroup.com/2016/06/07/partnering-with-overseas-companies/) - 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
- [The Value of Keeping Corporate Minutes](https://finkellawgroup.com/2015/12/10/corporate-minutes/) - 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
- [A Litigator With Trial Experience is Important in Business Disputes](https://finkellawgroup.com/2013/05/09/litigator-with-trial-experience-important/) - See why hiring a litigator with real trial experience can shift leverage in business disputes, improve settlements and prepare your case for court.
- [Planning Ahead When Filing for Bankruptcy](https://finkellawgroup.com/2013/05/24/planning-ahead-when-filing-for-bankruptcy/) - Discover why planning ahead before filing bankruptcy matters, including timing, asset protection and tax issues, so you avoid costly last-minute mistakes.
- [Handling President’s Pay in Bankruptcy](https://finkellawgroup.com/2013/06/13/handling-presidents-pay-in-bankruptcy/) - Joe is the president and sole owner of a corporation. He invested a lot of money into the company. His accountant told him that he’d get better tax treatment and pay a lot less taxes if he considered the money a loan to the company and took his “compensation” in the form of loan repayments
- [Forum Selection Clause Enforceable in Federal Court](https://finkellawgroup.com/2014/02/18/forum-selection-clause/) - 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
- [Finkel Law Group Helps Firm Secure Settlement in Contract Dispute](https://finkellawgroup.com/2015/01/12/firm-secures-settlement-contract-dispute/) - 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
- [How to File a Claim in a Bankruptcy Case](https://finkellawgroup.com/2016/01/28/how-to-file-claim-bankruptcy-case/) - You just received notice that your customer who owes you money has filed bankruptcy. What should you do? Read the notice you receive from the court. Among other things, that notice will give you the deadline for filing a claim in the bankruptcy case. In a Chapter 7, 12 or 13 case, in order to receive
- [Creditors Don’t Forget to File Your Proofs of Claim When a Debtor Files for Bankruptcy](https://finkellawgroup.com/2013/08/16/dont-forget-to-file-your-proof-of-claim/) - One of the first things you as a creditor should do when you receive notice that a customer has filed bankruptcy is to file a proof of claim. The Proof of Claim form (Official Form 10) often accompanies the notice of the commencement of the case, and can also be found at the Court’s website.
- [U.S. District Court for Northern District of California Enters Partial Summary Judgment Finding Using Copyrighted Material to Train AI Platforms is a Fair Use](https://finkellawgroup.com/2025/09/18/u-s-district-court-for-northern-district-of-california-enters-partial-summary-judgment-finding-using-copyrighted-material-to-train-ai-platforms-is-a-fair-use/) - Lawsuits in California courts highlight how AI platforms’ use of copyrighted materials is testing the limits of the fair use defense.
- [The Right Time to File Bankruptcy: Recognizing the Tipping Point](https://finkellawgroup.com/2026/02/09/the-right-time-to-file-bankruptcy-recognizing-the-tipping-point-2/) - When is the right time to file for bankruptcy? Learn how to recognize the tipping point and protect your business’s future with expert legal advice.
- [Asset Acquisitions vs. Stock Purchases: The Strategic Decision That Shapes Your Deal](https://finkellawgroup.com/2025/11/28/asset-acquisitions-vs-stock-purchases-the-strategic-decision-that-shapes-your-deal/) - Read the first in our series on Mergers and Acquisitions in California: Asset Acquisitions vs. Stock Purchases: The Strategic Decision That Shapes Your Deal.
- [Using Trademarks as Collateral for Financing](https://finkellawgroup.com/2025/11/11/using-trademarks-as-collateral-for-financing/) - Unlock capital by using trademarks as collateral. Our California attorneys explain how to leverage your IP to secure business financing and growth.
- [The Bankruptcy Plan: From Conception to Confirmation](https://finkellawgroup.com/2026/03/16/the-bankruptcy-plan-from-conception-to-confirmation/) - A bankruptcy plan is a detailed proposal for how your company will reorganize and emerge from Chapter 11. Call Finkel Law Group for a consultation.
- [Best Practices for Your Company to Protect and Preserve its Trademark’s Strength Through Proper Use](https://finkellawgroup.com/2025/06/11/best-practices-for-your-company-to-protect-and-preserve-its-trademarks-strength-through-proper-use/) - Preserve your trademark’s strength through proper use. Our California IP lawyers share best practices for protecting your brand's long-term identity.
- [Refunds for Tariffs: How Importers Can Seek Refunds from the U.S. Government for Tariffs Unlawfully Assessed Under the International Emergency Economic Powers Act](https://finkellawgroup.com/2026/02/27/refunds-for-tariffs-how-importers-can-seek-refunds/) - Finkel Law Group helps companies pursue refunds for tariffs and recover funds unlawfully exacted by federal or state governments. Consultations available.
- [Fourth Circuit Court of Appeal’s Decision Finds that Likelihood of Confusion in a Trademark Case Depends on Much More than Geography](https://finkellawgroup.com/2025/06/19/fourth-circuit-court-of-appeals-decision-finds-that-likelihood-of-confusion-in-a-trademark-case-depends-on-much-more-than-geography/) - A landmark court decision clarifies that trademark confusion involves more than geography. Learn how this ruling affects your brand protection strategy.
- [U.S. Court of Appeals for the Federal Circuit Upholds Major Trade Secrets and Contract Damages Award in Lawsuit Stemming from Failed Merger Talks](https://finkellawgroup.com/2025/07/02/federal-circuit-of-appeals-upholds-major-trade-secrets-and-contract-damages-award-in-lawsuit-stemming-from-failed-merger-talks/) - Federal Court upholds major award in trade secret lawsuit after failed merger talks. Learn the risks of sharing data during M&A and how to stay safe.
- [Effectively Buying, Selling and Assigning Trademarks](https://finkellawgroup.com/2025/10/10/effectively-buying-selling-and-assigning-trademarks/) - Effectively buy, sell, or assign trademarks with ease. Our California IP lawyers explain the legal requirements for a successful trademark transfer.
- [Video: Select the Right Business Entity for Your New Company](https://finkellawgroup.com/2018/11/15/business-entity-formation-video/) - Watch our video on business entity formation. Learn the legal differences between LLCs, corporations, and partnerships for your California startup.
- [Video: Business Financing Options - Equity Financing](https://finkellawgroup.com/2019/04/25/business-financing-options-equity-financing/) - Explore equity financing options for your business. Our California attorneys explain how to structure deals and stay compliant with securities laws.
- [Defend Trade Secrets in Federal Court - DTSA  Anniversary](https://finkellawgroup.com/2017/05/22/defend-trade-secrets-dtsa/) - Defend your company's trade secrets with the DTSA. Our California lawyers explain how federal law provides powerful tools to protect your innovations.
- [Local Government Impact Fees on Land Use Permits Once Again Before the U.S. Supreme Court](https://finkellawgroup.com/2023/10/31/local-government-impact-fees-on-land-use-permits-once-again-before-the-u-s-supreme-court/) - Impact fees on land use permits return to the Supreme Court. Learn how this landmark case could affect California real estate development and zoning.
- [Tips for Preparing Your Business for Tax Season Next Year](https://finkellawgroup.com/2016/04/14/preparing-business-tax-season/) - Prepare your business for tax season with these essential legal tips. Our California attorneys help you ensure compliance and maximize your deductions.
- [Crowdfunding Investment Opportunities Now Available](https://finkellawgroup.com/2016/05/19/crowdfunding-investment-opportunities-now-available/) - Crowdfunding investment opportunities are now available for small businesses. Learn the legal rules and how to navigate this funding model in California.
- [How to Block Registration of a Troublesome Trademark with a Letter of Protest](https://finkellawgroup.com/2017/03/14/block-registration-competitors-trademark/) - Learn how to block the registration of a competitor's trademark. Our IP attorneys explain the legal grounds for opposition and protecting your brand.
- [Copyright Infringement Can Ensnare Unsuspecting Artists](https://finkellawgroup.com/2016/09/19/copyright-infringement-artists/) - Copyright infringement for artists: Learn how to protect your work or defend against claims. Expert legal guidance for the California creative community.
- [5 Things To Understand About New Federal Trade Secret Law](https://finkellawgroup.com/2016/06/21/5-things-understand-new-federal-trade-secret-law/) - Five key things to understand about federal trade secret law. Our attorneys explain how the DTSA impacts California business protection strategies.
- [Protect Your Company from Copyright Infringement Claims - Register Your DMCA Designated Agent](https://finkellawgroup.com/2017/07/24/why-register-dmca/) - Why should your business register for DMCA protection? Learn how this vital legal step shields your company from liability for user-generated content.
- [Copyright Ownership of Generative AI Work Product In Major International Jurisdictions](https://finkellawgroup.com/2024/10/21/copyright-ownership-of-generative-ai-work-product-in-major-international-jurisdictions/) - Navigating copyright for generative AI in international jurisdictions. Learn the global legal landscape for AI-created works and ownership rights now.
- [Can I Open a Similar Business After Liquidating My Former Business in a Chapter 7 Bankruptcy?](https://finkellawgroup.com/2023/03/21/can-i-open-a-similar-business-after-liquidating-my-former-business-in-a-chapter-7-bankruptcy/) - Can you open a similar business after Chapter 7 bankruptcy liquidation? Our attorneys explain the legal rules for starting fresh in California today.
- [Asset Purchase Transaction: Pros & Cons](https://finkellawgroup.com/2013/06/07/asset-purchase-transaction-pros-cons/) - Understand the pros and cons of asset purchase transactions. Our California attorneys help you decide if an asset deal is right for your next acquisition.
- [Buying Real Estate Does Not Always Include What You May Think It Does](https://finkellawgroup.com/2022/11/28/buying-real-estate-does-not-always-include-what-you-may-think-it-does/) - Buying real estate? Learn why transactions don't always include what you expect. Our California lawyers explain the hidden complexities of property deals.
- [Ten Benefits of U.S. Trademark Registration](https://finkellawgroup.com/2014/03/28/ten-benefits-u-s-trademark-registration/) - Discover the ten major benefits of U.S. trademark registration. Learn why securing your brand with the USPTO is vital for long-term business success.
- [Why Register Trademarks With the U.S. Patent and Trademark Office](https://finkellawgroup.com/2017/06/06/register-trademarks-patent-trademark-office/) - Learn how to register trademarks with the USPTO. Our California IP attorneys guide you through the application process to secure your brand identity.
- [How and Why You Should Copyright Your Software](https://finkellawgroup.com/2016/09/02/copyright-software/) - Protect your code with copyright for software. Our California intellectual property lawyers explain the best practices for safeguarding your technology.
- [California Ban on Mandatory Arbitration Permitted by Ninth Circuit](https://finkellawgroup.com/2021/09/29/california-ban-mandatory-arbitration/) - Understand the impact of California's ban on mandatory arbitration. Our legal team explains what this means for employment contracts and business law.
- [The Importance of Real Estate Due Diligence in M&A Transactions](https://finkellawgroup.com/2021/06/08/real-estate-due-diligence-merger-acquisition-transactions/) - Essential real estate due diligence for M&A transactions. Our California lawyers explain how to evaluate property assets during mergers and acquisitions.
- [Grand Jury Indicts Chinese Energy Company and Affiliates on Trade Secret Charges](https://finkellawgroup.com/2021/03/10/trade-secret-charges-2/) - Facing or filing trade secret charges? Learn the legal complexities of trade secret litigation and how to protect your interests in California courts.
- [Tax Issues to Consider When Forming a California LLC](https://finkellawgroup.com/2016/05/16/tax-issues-california-llc/) - Navigating tax issues for a California LLC? Our attorneys explain the tax obligations and benefits of LLC formation for small and mid-sized businesses.
- [Tax Issues to Consider When Forming a California Partnership](https://finkellawgroup.com/2014/01/18/tax-issues-consider-forming-california-partnership/) - Explore the key tax issues when forming a California partnership. Our legal team provides essential insights for partners to manage tax liabilities well.
- [5 Keys to Understanding Copyright Protection](https://finkellawgroup.com/2017/07/03/understanding-copyright-protection/) - Gain a clear understanding of copyright protection for your business. Our California lawyers explain how to secure and defend your original creative works.
- [Crowdfunding for Businesses and Impact of Government Regulations](https://finkellawgroup.com/2015/03/31/crowdfunding-regulations/) - Navigate the complex landscape of crowdfunding regulations. Our attorneys explain the legal requirements for companies seeking to raise capital online.
- [Ecolab Sues Former Employee For Allegedly Stealing Trade Secrets](https://finkellawgroup.com/2021/04/20/former-employee-stealing-trade-secrets/) - Protect your company from trade secret theft by former employees. Learn the legal steps to take and how California law protects your proprietary data.
- [Legal Essentials and Federal Compliance Strategies for Tech Startups](https://finkellawgroup.com/2025/01/15/legal-essentials-and-federal-compliance-strategies-for-tech-startups/) - Legal essentials and federal compliance for tech startups. Our California attorneys guide you through formation, IP protection, and SEC regulations.
- [Changing the Legal Structure of Your Family Business to Ensure Your Professional and Personal Priorities Align as the Business Grows](https://finkellawgroup.com/2023/01/31/changing-the-legal-structure-of-your-family-business-to-ensure-your-professional-and-personal-priorities-align-as-the-business-grows/) - Align personal and professional goals by changing your family business structure. Learn the legal paths to growth and succession planning in California.
- [Developing and Implementing a Comprehensive IP Strategy for Your Technology Startup](https://finkellawgroup.com/2022/10/25/developing-and-implementing-a-comprehensive-ip-strategy-for-your-technology-startup/) - Develop a comprehensive IP strategy for your technology startup. Learn how to protect your innovations and attract investors with expert legal advice.
- [Defining the Founders’ Roles and Responsibilities in Your Technology Startup](https://finkellawgroup.com/2022/08/19/defining-the-founders-roles-and-responsibilities-in-your-technology-startup/) - Defining roles and responsibilities for tech startup founders. Our attorneys explain how to structure your team for long-term success and protection.
- [How to License Your Company's Copyrights to Maximize Their Financial Value](https://finkellawgroup.com/2024/08/20/how-to-license-your-companys-copyrights-to-maximize-their-financial-value/) - License your company’s copyrights to maximize financial value. Learn the legal steps to create profitable and secure licensing agreements in California.
- [Enforcing Your Company’s Trademark Rights: Remedies for Infringement and Principal Defenses to Infringement Claims](https://finkellawgroup.com/2025/03/12/enforcing-your-companys-trademark-rights-remedies-for-infringement-and-principal-defenses-to-infringement-claims/) - Explore remedies for trademark infringement and principal defenses. Our attorneys help California companies protect brands and fight legal claims today.
- [Tax Treatment of Equity Compensation](https://finkellawgroup.com/2016/03/08/tax-treatment-equity-compensation/) - Understand the tax treatment of equity compensation for employees. Our California lawyers explain the rules for stock options and restricted stock.
- [California’s SB 113 May Offer Valuable Tax Planning Opportunities for Family Businesses](https://finkellawgroup.com/2022/05/25/californias-sb-113-may-offer-valuable-tax-planning-opportunities-for-family-businesses/) - California’s SB 113 offers vital tax planning for family businesses. Learn how to maximize tax benefits and protect your company’s financial health.
- [United States Supreme Court Addresses Corporate Separateness and Defendant’s Profits Under the Federal Lanham Act for Trademark Infringement](https://finkellawgroup.com/2025/03/31/united-states-supreme-court-addresses-corporate-separateness-and-defendants-profits-under-the-federal-lanham-act-for-trademark-infringement/) - SCOTUS clarifies corporate separateness and profits under the Lanham Act. Understand this landmark trademark infringement ruling for your business.
- [Ninth Circuit’s Decision in Briskin v. Shopify, Inc. Significantly Expands Federal Court’s Personal Jurisdiction Over E-Commerce Companies](https://finkellawgroup.com/2025/05/30/ninth-circuits-decision-in-briskin-v-shopify-inc-significantly-expands-federal-courts-personal-jurisdiction-over-e-commerce-companies/) - Ninth Circuit expands federal jurisdiction over e-commerce. Understand the Briskin v. Shopify decision and its impact on your online business model.
- [Trade Secret Litigation: What Your Business Needs to Know to Protect its Valuable Trade Secrets](https://finkellawgroup.com/2024/12/09/trade-secret-litigation-what-businesses-need-to-know/) - What every California business must know about trade secret litigation. Learn how to defend your proprietary data or pursue those who steal it now.
- [Enforcing Your Company’s Trademark Rights: Opposition and Cancellation Proceedings](https://finkellawgroup.com/2025/05/08/enforcing-your-companys-trademark-rights-opposition-and-cancellation-proceedings/) - Enforcing trademark rights through opposition and cancellation. Our attorneys guide California firms through USPTO Trademark Trial and Appeal Board.
- [Productive Uses of ADR to Resolve Disputes in Family Business](https://finkellawgroup.com/2022/05/19/productive-uses-of-adr-to-resolve-disputes-in-family-business/) - Use Alternative Dispute Resolution (ADR) to resolve family business conflicts. Learn how mediation and arbitration preserve both wealth and harmony.
- [Negotiating with Your Landlord After Commercial Eviction Moratoriums Expire](https://finkellawgroup.com/2021/09/14/commercial-eviction-moratoriums/) - Navigating commercial eviction moratoriums in California. Our legal team provides guidance for landlords and tenants on rights and latest regulations.
- [U.S. District Court Confirms ‘Human Authorship’ Required for Copyright Protection and Sets Copyright Boundary for AI-Generated Works](https://finkellawgroup.com/2024/09/30/u-s-district-court-confirms-human-authorship-required-for-copyright-protection-and-sets-copyright-boundary-for-ai-generated-works/) - US Court confirms human authorship is required for copyright. Learn the boundaries for AI-generated works and how to protect your digital content.
- [Ninth Circuit Allows Enforcement of Employment Arbitration Agreements in California](https://finkellawgroup.com/2023/02/27/ninth-circuit-allows-enforcement-of-employment-arbitration-agreements-in-california/) - Ninth Circuit allows enforcement of employment arbitration agreements in California. Learn how this ruling impacts your business's labor law strategy.
- [When Should I Use Patent Protection, Trade Secret, or Both?](https://finkellawgroup.com/2016/09/28/patent-protection-trade-secret/) - Should you choose patent protection or trade secret status? Our attorneys analyze the best strategies for protecting your company's unique technology.
- [Navigating the Defend Trade Secrets Act (DTSA): A Comprehensive Guide for California Businesses](https://finkellawgroup.com/2024/02/12/navigating-the-defend-trade-secrets-act-dtsa-a-comprehensive-guide-for-california-businesses/) - A comprehensive guide to the Defend Trade Secrets Act (DTSA) for California businesses. Learn how to leverage federal laws to protect your innovations.
- [How to Protect Your Company's Software Assets Through Contract Protection](https://finkellawgroup.com/2017/12/07/protect-companys-software-assets-contract-protection/) - Protect your software assets through strategic contract protection. Our California lawyers explain how to use licensing to safeguard your technology.
- [Protecting Your Company’s Real Property Rights Through the Federal Courts](https://finkellawgroup.com/2024/12/23/protecting-your-companys-real-property-rights-through-the-federal-courts/) - Protect your company's real property rights in federal court. Learn the legal strategies necessary to defend your land and assets under federal laws.
- [Avoiding Fraudulent Transfer Claims in Bankruptcy](https://finkellawgroup.com/2024/09/16/avoiding-fraudulent-transfer-claims-in-bankruptcy/) - Avoid fraudulent transfer claims in bankruptcy. Our legal team explains how California businesses can protect assets and ensure legal compliance now.
- [What is the process of developing and financing a mixed used real estate development in an enterprise zone in an urban area?](https://finkellawgroup.com/2023/09/05/what-is-the-process-of-developing-and-financing-a-mixed-used-real-estate-development-in-an-enterprise-zone-in-an-urban-area/) - Learn the process of developing and financing mixed-use real estate in urban enterprise zones. Expert legal guidance for California urban developments.
- [Recognizing and Protecting Your Family Business’ Most Basic Intellectual Property Rights](https://finkellawgroup.com/2022/09/22/recognizing-and-protecting-your-family-business-most-basic-intellectual-property-rights/) - Protect your family business’s most basic IP rights. Our attorneys explain how to identify and safeguard your trademarks and proprietary information.
- [Chapter 11 Bankruptcy: Debtor-in-Possession Financing in California](https://finkellawgroup.com/2024/03/11/chapter-11-bankruptcy-debtor-in-possession-financing-in-california/) - Understand Chapter 11 Debtor-in-Possession financing in California. Learn how to secure the funding needed to reorganize and sustain your operations.
- [Securing New Financing Post-Bankruptcy](https://finkellawgroup.com/2023/11/20/securing-new-financing-post-bankruptcy/) - Secure new financing after corporate bankruptcy. Our attorneys guide California businesses through the process of rebuilding credit and obtaining capital.
- [Navigating Complex Legal Challenges for Small Businesses in California's Bankruptcy Litigation](https://finkellawgroup.com/2024/06/25/navigating-complex-legal-challenges-for-small-businesses-in-californias-bankruptcy-litigation/) - Navigating bankruptcy litigation for California small businesses. Learn how to manage complex legal challenges and protect your company’s future today.
- [EPA Publishes Final Rule on Conducting Phase I Environmental Site Assessments Under Superfund](https://finkellawgroup.com/2022/12/26/epa-publishes-final-rule-on-conducting-phase-i-environmental-site-assessments-under-superfund/) - Understand the EPA’s final rule on Phase I Environmental Site Assessments. We explain the updated Superfund standards for California property owners.
- [The Role of IP Due Diligence in Mergers and Acquisitions Transactions](https://finkellawgroup.com/2024/05/30/the-role-of-ip-due-diligence-in-mergers-and-acquisitions-transactions/) - Maximize value in M&A transactions through IP due diligence. Our California lawyers explain how to audit intellectual property during mergers and sales.
- [Navigating Federal Securities Laws and Regulations to Avoid Common Pitfalls for Companies Raising Money in the U.S.](https://finkellawgroup.com/2024/11/26/navigating-federal-securities-laws-and-regulations-to-avoid-common-pitfalls-for-companies-raising-money-in-the-u-s/) - Avoid pitfalls when raising capital in the U.S. Learn how to navigate federal securities laws and regulations with our expert legal compliance guide.
- [I Received an Objection to my Claim.  Now What?](https://finkellawgroup.com/2017/03/21/received-objection-to-claim/) - You have been pulled into the quagmire of someone else’s bankruptcy. Your priority is to recover what you can, working within the legal framework of the bankruptcy process. The process is designed to be fair to creditors. Use it fully and carefully to recapture what you can. Along the way you will encounter obstacles. One
- [Frivolous Lawsuit Seeking More Than $3.8 Million in Damages from Washington D.C. Based Client Dismissed](https://finkellawgroup.com/2015/03/12/frivolous-lawsuit/) - 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
- [A Bankruptcy Trustee has contacted you demanding repayment of a preference – now what?](https://finkellawgroup.com/2015/05/28/repayment-of-a-preference/) - If a customer of your business has entered bankruptcy proceedings, and you have obtained payment from that organization recently, you may receive a letter demanding “repayment of a preference” or “repayment of an unfair preference.” This article aims to shed light on this issue and help you understand your options. Often when a business gets
- [Partition: How Co-Owners Can Part Ways](https://finkellawgroup.com/2013/12/16/partition-co-owners-can-part-ways/) - Co-owners of real property eventually will want to stop being co-owners, because of divorce, because business partners can’t get along, because relatives inherit real property together with most wanting nothing to do with the property, or simply because they just don’t want to continue owning property with others. However, if one co-owner won’t agree to sell
- [Startup Tip - Avoid Business Disputes with Effective Counseling](https://finkellawgroup.com/2013/08/23/avoid-business-disputes-2/) - A typical business startup usually begins modestly and all is friendly among those involved. For example, two doctors, or two software engineers, might combine their efforts to form one or more medical groups (or software development companies) and find it advantageous to incorporate. Each doctor/engineer contributes an equal amount of capital toward, and each receives
- [Making it Easier for Private Companies and Emerging Growth Companies to Raise Capital](https://finkellawgroup.com/2014/09/05/raise-capital/) - In April of 2012, President Obama signed into law the Jumpstart Our Businesses Startups Act (“JOBS Act”). This bipartisan legislation was designed to stimulate job growth by making it easier and less costly for smaller companies to raise capital in the United States by relaxing the regulations that apply to private offerings, initial public offerings
- [Is Filing Bankruptcy for My Business an Alternative?](https://finkellawgroup.com/2015/05/14/filing-bankruptcy-for-my-business/) - The economic downturn in the recent past hit many small and medium sized businesses very hard. Some have been able to hang on, but only because their creditors have been willing to work with them. Things are starting to turn around, but perhaps not quickly enough to satisfy creditors. If your creditors are getting impatient
- [Can Debtor Avoid Turning Over Assets to the Bankruptcy Trustee?](https://finkellawgroup.com/2013/10/04/can-debtor-avoid-turning-assets-bankruptcy-trustee/) - Let’s say “Jane” doesn’t see a lawyer in time to orderly dissolve the company, and now Big Bank and a few other creditors are coming after her. She hasn’t found a new full time job, and she’s coming to the end of her savings. Pretty soon she won’t be able to pay her credit card
- [Can My Claim Survive Bankruptcy?](https://finkellawgroup.com/2013/12/06/can-claim-survive-bankruptcy/) - One of the key reasons a debtor files bankruptcy is to obtain a discharge of the debtor’s pre-petition debts. Generally, only an individual debtor obtains a discharge. In cases of corporate reorganizations, the Plan may include a provision that except as provided in the plan all pre-petition obligations are discharged, but otherwise, the corporation does
- [Independent Contractor or Employee? How to Choose Properly](https://finkellawgroup.com/2016/08/29/independent-contractor-or-employee/) - One of the most common ways an employer gets into hot water is to improperly classify an employee as an independent contractor (“IC”). This is an important issue for businesses for a few reasons. There is no single, simple rule you can use to determine the proper employment status of an individual you hire to
- [How Title I of the JOBS Act Significantly Changed the IPO Playbook](https://finkellawgroup.com/2014/10/20/title-i-jobs-act-changed-ipo-playbook/) - Historically, federal securities laws have imposed significant – some would say onerous – disclosure and reporting requirements on companies seeking to raise money in the public equities markets. Testing the market was, for the most part, unlawful for fear of conditioning the market of prospective investors to your offering. Comments from the staff of the
- [Using Phantom Stock in a Family-Owned Business to Attract Employees](https://finkellawgroup.com/2016/11/17/using-phantom-stock-family-business/) - Like any business, a family-owned business has a strong incentive to attract, retain, motivate and reward key employees. A competitive salary and benefits package may not be enough to do this in today’s market. Many businesses offer equity incentive plans to employees as a form of long-term incentive compensation. For many family-owned businesses offering stock
- [The Importance of Understanding Lease Terms](https://finkellawgroup.com/2015/01/20/understanding-lease-terms/) - In a recent matter we were engaged by a commercial property owner to resolve an issue with one of her tenants. Our client owns an office building on a main street with an attached small warehouse. At the time, the warehouse space was being used as a commercial bakery by one of the town’s well
- [Avoiding Common Pitfalls When Hiring an Employee from a Competitor](https://finkellawgroup.com/2017/04/10/hiring-employee-from-competitor/) - When you seek to hire new staff you may immediately see the benefit of hiring an employee from a competitor. After all, he or she may already have the skills or knowledge to “hit the ground running” in your company or even bring with her valuable relationships with potential customers or partners. As you can
- [Drafting Your Employment Application? Avoid These Common Employer Mistakes.](https://finkellawgroup.com/2017/06/15/employment-application-drafting-mistakes/) - Almost every employer in the country uses a form of employment application to screen prospective hires. While they may seem innocuous, these forms often contain a minefield of traps employers must be aware of or risk legal liability. A general theme of federal and state laws is that employers should avoid asking an applicant questions
- [Finkel Law Group P.C. Joins More Than 800 Law Firms Signing the Amicus Curiae Brief Filed on Behalf of Jenner & Block](https://finkellawgroup.com/2025/05/23/finkel-law-group-p-c-joins-more-than-800-law-firms-signing-the-amicus-curiae-brief-filed-on-behalf-of-jenner-block/) - On March 25, 2025, the President of the United States issued an executive order, supported by no provision of the U.S. Constitution or any federal statute, entitled “Addressing Risks from Jenner & Block.” The order attacks Jenner & Block’s clients and the issues for which the firm has represented those clients for many years. The
- [Finkel Law Group Joins the Amicus Brief Filed on Behalf of WilmerHale LLP in its Lawsuit Against the President of the United States](https://finkellawgroup.com/2025/05/16/finkel-law-group-joins-the-amicus-brief-filed-on-behalf-of-wilmerhale-llp-in-its-lawsuit-against-the-president-of-the-united-states/) - On March 27, 2025, the President of the United States issued yet another Executive Order, supported by no provision of the U.S. Constitution or any federal statute, for the explicit purpose of punishing an American law firm. The order was entitled “Addressing Risks from WilmerHale LLP.” The President’s order openly seeks to harm WilmerHale for
- [The Securities Exchange Act of 1934: Key Aspects and Practical Insights for Your Business](https://finkellawgroup.com/2025/04/25/the-securities-exchange-act-of-1934-key-aspects-and-practical-insights-for-your-business/) - The Securities Exchange Act of 1934 (“Exchange Act”) is the cornerstone of securities regulation in the United States, providing the framework for public company disclosures, anti-fraud provisions, and the oversight of the public securities markets. Enacted as part of the response to the stock market crash of 1929 – in addition to the Securities Act
- [Finkel Law Group P.C. Joins More Than 500 Law Firms Nationwide by Signing the Amicus Curiae Brief Filed in Support of the Law Firm Perkins Coie](https://finkellawgroup.com/2025/04/07/finkel-law-group-p-c-joins-more-than-500-law-firms-nationwide-by-signing-the-amicus-curiae-brief-filed-in-support-of-the-law-firm-perkins-coie/) - On March 6, 2025, the President of the United States issued an executive order, supported by no provision of the U.S. Constitution or any federal statute, entitled “Addressing Risks from Perkins Coie LLP.” The order attacks Perkin Coie’s clients and the issues for which the firm has represented those clients for many years. The order
- [Enforcing Your Company’s Trademark Rights: Infringement Litigation](https://finkellawgroup.com/2025/02/27/enforcing-your-companys-trademark-rights-infringement-litigation/) - This blog is the sixth in a series that Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States. In the United States, to maintain your legal rights in your trademarks, you must be diligent in protecting your marks by taking appropriate enforcement action against
- [Understanding Regulation FD to Ensure Fair and Accurate Disclosure of Your Company’s Information in Securities Markets](https://finkellawgroup.com/2025/02/14/understanding-regulation-fd-to-ensure-fair-and-accurate-disclosure-of-your-companys-information-in-securities-markets/) - In today’s rapidly evolving financial markets, transparency is not just a best practice—it’s a regulatory imperative. Regulation FD (Fair Disclosure) plays a crucial role in leveling the playing field for investors and market participants by mandating that material, non-public information be disclosed to the public promptly. In this blog we delve into the origins, key
- [Navigating the Federal Environmental and Energy Regulatory Framework for Solar, Wind, and Other Renewable Energy Investments](https://finkellawgroup.com/2024/10/31/navigating-the-federal-environmental-and-energy-regulatory-framework-for-solar-wind-and-other-renewable-energy-investments/) - The increasing demand for clean energy and the global shift toward sustainability have made renewable energy projects—such as solar and wind—highly attractive for businesses. While these investments present significant opportunities for growth and environmental stewardship, they also come with complex regulatory requirements under federal environmental law. For companies involved in these types of projects, understanding
- [Navigating Environmental Due Diligence in California Real Estate Transactions](https://finkellawgroup.com/2024/03/21/navigating-environmental-due-diligence-in-california-real-estate-transactions/) - In the ever-evolving landscape of real estate transactions, particularly in California, one aspect stands out as crucial yet often overlooked: environmental due diligence. For businesses seeking to acquire or sell property in the Golden State, understanding and navigating the complexities of environmental regulations is paramount. This blog aims to shed light on the significance of
- [Spotting Securities Fraud: Red Flags for California Investors](https://finkellawgroup.com/2024/02/28/spotting-securities-fraud-red-flags-for-california-investors/) - In the dynamic world of investment, California investors face both opportunities and risks. While the allure of financial gain can be enticing, it's crucial to navigate the investment landscape with caution. The securities fraud lawyers at Finkel Law Group would like you to be aware of one such risk you may encounter when considering an
- [Federal District Court in New York Decides that Whether a Cryptocurrency is a Security Depends on When and How It is Sold](https://finkellawgroup.com/2023/08/23/federal-district-court-in-new-york-decides-that-whether-a-cryptocurrency-is-a-security-depends-on-when-and-how-it-is-sold/) - On July 13, 2023, the U.S. District Court for the Southern District of New York issued a decision in SEC v. Ripple Labs, Inc., a closely watched cryptocurrency case involving alleged securities law violations. The court held that Ripple Labs unlawfully sold unregistered securities in violation of the Securities Act of 1933 (“Act”) when it sold
- [Federal Trade Commission’s Proposed Nationwide Ban on Non-Compete Agreements Will Change the Legal Landscape:  Is Your Business Ready?](https://finkellawgroup.com/2023/05/01/federal-trade-commissions-proposed-nationwide-ban-on-non-compete-agreements-will-change-the-legal-landscape-is-your-business-ready/) - On January 5, 2023, the Federal Trade Commission proposed a nationwide ban on most employment non-compete agreements. Less than a month later, on February 1, a bipartisan group of U.S. Senators reintroduced the “Workforce Mobility Act of 2023,” which would ban the use and enforcement of post-employment non-compete agreements across the country. As efforts to
- [10 Tips to Protect Confidential Information When Considering Selling Your Company](https://finkellawgroup.com/2021/11/01/protect-confidential-information-considering-selling-company/) - So you’re thinking about selling your company because you’ve finally received an offer you think is reflective of all the hard work you and your partners and employees invested over all those years. It’s inevitable that you will have to share some confidential information about your company with the potential buyers during the course of
- [7 Questions to Answer Before You Sign a Non-Disclosure Agreement](https://finkellawgroup.com/2021/10/27/sign-non-disclosure-agreement/) - Before your company considers sharing its technology or other proprietary information with a potential strategic or commercial partner, you will want to ensure that the information is kept secret and cannot be used for any unauthorized purpose. This is where a non-disclosure agreement (“NDA”) may be useful to you. An NDA is a legally binding
- [Top 10 Mistakes to Avoid Managing Your Company's Trade Secrets](https://finkellawgroup.com/2021/10/11/mistakes-avoid-company-trade-secrets/) - Whether you’re running a newly minted start-up or leading an established corporation, genuine trade secrets will almost always provide your company with a competitive edge in the marketplace under both federal and state law. But you must handle them properly. Unfortunately, that edge can deteriorate, or vanish entirely, if your company makes one or more
- [Owning a Data Center - an Increasingly Popular Real Estate Asset Class](https://finkellawgroup.com/2021/07/19/data-center-asset-class/) - Data centers have migrated from being something of an “alternative” real estate asset class to a mainstream asset class in recent years. With the advent of 5G networks, data intensive technologies, and the continued digitization of our professional and personal lives, strong demand for data centers is expected to continue well into the future despite
- [Continuing the Family Business After Its Founder Dies](https://finkellawgroup.com/2021/07/06/family-business-after-founder-dies/) - Managing a family business is difficult enough when the founding generation is still alive. When the founders pass, however, the legal, business and family issues become much more complex because the adult decision makers that everyone relied upon, respected, and listened to, are gone. The children of Robert Smith – Mary, Josh and Matthew –
- [How to Better Run Your Family Owned Business](https://finkellawgroup.com/2021/06/18/better-run-family-owned-business/) - Defining and navigating roles and responsibilities in any business is fundamental to the success of that enterprise. To create a culture of professionalism and accountability, every member of the team must have distinct and clear responsibilities. This is often easier said than done in the unique environments that frequently define family businesses. Often, a family
- [How to Avoid the "Accidental" Business Ownership Lawsuit](https://finkellawgroup.com/2021/05/14/business-ownership-lawsuit/) - Founders of privately owned companies somehow always find creative ways to create conflicts among the owners – or would-be owners – of their business ventures. Our attorneys have seen our fair share of disputes among the owners of private partnerships, corporations or limited liability companies. Some disputes arise from a misunderstanding over a particular person
- [Apple Sues Former Product Designer Who Allegedly Stole Trade Secrets](https://finkellawgroup.com/2021/05/04/apple-sues-former-product-designer/) - The value of trade secrets never escapes a well-run company. To that end, Apple Inc. has sued a former product designer claiming that he stole the company’s trade secrets to help his new employer, Arris Composites, and then leaked those secrets to the media to advance his own financial interests. The designer, Simon Lancaster, worked
- [Courts Differ on Where Website Operators are Subject to Personal Jurisdiction](https://finkellawgroup.com/2021/04/12/website-operators-personal-jurisdiction/) - Courts are increasingly being asked to decide when website operators are subject to personal jurisdiction in a particular state, a potentially vexing problem because websites generally lack a specific location and can be accessed from almost anywhere on the globe. In June 2020, the U.S. Fourth Circuit Court of Appeals, in UMG Recordings, Inc. v.
- [How Founders of New Companies Can Protect Against Personal Liability](https://finkellawgroup.com/2021/03/22/protect-against-personal-liability/) - Starting a business can be the first step in a thrilling adventure, one that you have perhaps dreamed of for years. But as you start your venture you’re mildly terrified of the outcome. When launching a new business, budding entrepreneurs can hardly slow down long enough to do the bare minimum of forming the proper
- [Why Conduct an Intellectual Property Audit](https://finkellawgroup.com/2021/02/24/why-conduct-an-ip-audit/) - As we discussed in our recent post How to Conduct Intellectual Property Audits, your company’s intellectual property (IP) is among its most important and valuable assets. The goals of an audit of that IP are to: 1) determine what IP your company owns, and 2) develop a strategy to effectively use and manage those assets
- [How to Conduct Intellectual Property Audits to Protect and Maximize the Value of Your Company's IP](https://finkellawgroup.com/2021/02/16/how-to-conduct-ip-audit/) - Intellectual property – which include patents, copyrights, trade secrets and trademarks – is among your company’s most important and valuable assets. It defines your brand and gives you a competitive advantage in the marketplace. Whatever goods or services your company may offer, protecting your IP portfolio should be among your company’s most important business goals.
- [How to Resolve a Trade Secret Lawsuit by Entering a Standstill Agreement](https://finkellawgroup.com/2021/01/29/trade-secret-standstill-agreement/) - Why litigate a case for months or years, only to arrive at a settlement that would have been possible before the case began? In many cases, neither litigant would choose this approach, but it happens quite often nonetheless. About 60 percent of trade secret cases filed in federal court in the last decade ended in
- [Strategies to Extract Capital from Commercial Real Estate to Withstand Covid-19](https://finkellawgroup.com/2020/11/18/extract-capital-commercial-real-estate/) - Commercial real estate owners across the United States continue to struggle with the adverse financial impacts Covid-19 has caused to earnings and liquidity. While the return to something resembling a normal real estate market appears to be months, if not years, away, there are some strategies you can pursue now to extract capital from owned
- [How to Manage Trade Secret Litigation Costs](https://finkellawgroup.com/2020/10/29/manage-trade-secret-litigation-costs/) - Trade secret litigation can be expensive. Whether you’re bringing a lawsuit to protect your secrets or defending against alleged misappropriation by your company, here are some useful strategies to manage trade secret litigation costs. Identify the Trade Secrets Early Identifying the trade secrets involved in misappropriation litigation is just the beginning. Well before filing a
- [Trade Secret Misappropriation - Chinese Biotech Researcher Pleads Guilty](https://finkellawgroup.com/2020/10/12/trade-secret-misappropriation-2/) - The U.S. Department of Justice has secured another conviction against a Chinese national for trade secret misappropriation, which is part of a larger push to protect valuable intellectual property. Li Chen, a long time biotech researcher in a medical lab at Nationwide Children’s Hospital Research Institute in Columbus, Ohio, pled guilty to conspiracy to misappropriate
- [Protecting Trade Secrets - Recent High Profile Trade Secret Enforcement Cases](https://finkellawgroup.com/2020/09/21/protecting-trade-secrets/) - Companies often consider trade secrets to be their crown jewels, particularly in Silicon Valley. In the digital age, where copying vast amounts of data and transmitting it via the Internet is as easy as one click, protecting trade secrets has become ever more challenging for highly competitive technology companies. Losing control over your trade secrets
- [CARES Act Title II - Enhanced Unemployment Benefits and Targeted Tax Relief](https://finkellawgroup.com/2020/05/20/title-ll-cares-act-2/) - Title II of the CARES Act (“Act”), which was signed into law on March 27, 2020, is entitled Assistance for American Workers, Families and Businesses. Its provisions are aimed at providing enhanced unemployment benefits to employers and employees, and offering targeted tax relief to individuals, businesses, and not-for-profit enterprises. Here is an overview of Title
- [Understanding Families First Coronavirus Response Act](https://finkellawgroup.com/2020/04/07/families-first-coronavirus-response-act/) - On March 18, 2020, Congress enacted, and the President signed, the Families First Coronavirus Response Act. This is the second piece of federal legislation enacted in the last two weeks to help the nation stave off the adverse impacts of the Coronavirus that is sweeping across the nation. For an overview of the first act,
- [Understanding the Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020](https://finkellawgroup.com/2020/03/30/coronavirus-preparedness-and-response-supplemental-appropriations-act/) - The global Coronavirus pandemic is sweeping across the planet without acknowledging whatsoever the wealth, ethnicity, gender or political affiliation of its victims. Despite the fact it appears to have originated in China, it has taken root with a vengeance across Asia, Europe, Iran and all 50 of our United States. As of May 26, 2020,
- [Thoughts on How to Distribute Startup Equity Among Key People](https://finkellawgroup.com/2019/05/28/distribute-startup-equity/) - The purpose of granting equity to management, employees, consultants and advisors is to align the interests of the individuals central to the growth and success of your start-up company with the interests of investors. There are a number of ways to distribute start-up equity. The most common are stock options and restricted stock. One of
- [Fiduciary Duties of Directors of Biotech Companies in the Age of the Theranos Fraud](https://finkellawgroup.com/2019/05/15/board-fiduciary-duties-theranos-fraud/) - Theranos, Inc. was a high-flying former biotech company headquartered in Silicon Valley that claimed to have developed a point-of-care blood test that would allow health care professionals to assess the risks many diseases posed to a patient based on a few drops of that patient’s blood. The company’s valuation, before delivering a single product to
- [The Musical Works Modernization Act is Congress' Latest Effort to Bring Peace to the Music Business](https://finkellawgroup.com/2019/04/30/musical-modernization-act/) - The Hatch-Goodlatte Musical Works Modernization Act was signed into law on October 11, 2018. The Act is Congress’ attempt to bring some semblance of peace to the various factions within the music industry. These groups have been waging legal warfare against one another since the invention of music streaming technologies and the advent of its
- [Warning to California Artists-Ninth Circuit Decision Limits Some Royalty Rights](https://finkellawgroup.com/2019/03/12/california-artists-royalty-rights/) - Who This Decision Affects Artists expecting a 5% royalty on sales of any “work of fine art” as outlined in a California state law that took effect January 1, 1977. This law was enacted to protect artists by requiring the seller, or seller’s agent, to withhold a 5% royalty and pay that to the artist.
- [How to Prepare for Due Diligence](https://finkellawgroup.com/2017/10/31/prepare-due-diligence/) - As the Chief Executive Officer, you will be hard pressed to secure financing, sell your company, or issue an IPO if you’re unable to persuade prospective investors or buyers. By collecting and presenting your corporate information in a clear, complete, and concise professional manner, you will dramatically improve your chances of success. Preparing for Due
- [How to Select a Trial Attorney for Your Bay Area Business](https://finkellawgroup.com/2017/10/08/select-bay-area-trial-attorney/) - 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
- [How to Choose a Bankruptcy Attorney](https://finkellawgroup.com/2017/09/20/choose-bankruptcy-attorney/) - Let one truth drive your search for legal counsel in your company’s bankruptcy: the more complex the case the more crucial the need for an attorney steeped in bankruptcy law. Let’s call that rule #1 – hire an attorney with a proven track record in bankruptcy law. Rule #2? read Rule #1. It may be
- [Los Angeles Leads California With Proposed Commercial Cannabis Regulations](https://finkellawgroup.com/2017/08/17/los-angeles-proposed-commercial-cannabis-regulations/) - On June 8, 2017, the Los Angeles’ City Council released its proposed regulations to govern commercial cannabis activity in the city. Simultaneously, the city’s Planning Department released a draft ordinance that proposes land use and sensitive use requirements for commercial cannabis activity in Los Angeles. These releases mark the next step in the city’s effort
- [How do I File Bankruptcy for My Business](https://finkellawgroup.com/2017/05/03/file-bankruptcy/) - "I must file bankruptcy for my business." That is not likely a part of your business plan but, if conditions bring you to that point, you must formulate a cohesive plan to manage safe passage through the bankruptcy minefield. Rule number one: If you are filing bankruptcy for a business entity you must use an
- [Downloading Pirated Software Without Installing It is Still Copyright Infringement](https://finkellawgroup.com/2017/04/27/downloading-pirated-software-without-installing-copyright-infringement/) - If your business creates software or simply uses it to perform work – let’s face it, what business doesn’t use software in one way or another – we encourage you to take note of a recent ruling made by the U.S. Court of Appeals for the Ninth Circuit. The case - Design Data Corp. v.
- [Protecting Your Trade Secrets Where State Law and Federal Defend Trade Secrets Act Meet](https://finkellawgroup.com/2016/10/20/trade-secret-law/) - When it comes to protecting your company’s trade secrets, one of the most important remedies you can secure is a court order preventing a former employee from making use of the trade secret for the benefit of a competitor. From your perspective, it’s impossible for an employee who received your company’s crucial business information to
- [Legal Protections for Your Software Products](https://finkellawgroup.com/2016/07/20/legal-protections-for-software-products/) - In the modern day world of cutting-edge technology and smartphones, software is a significant business sector where developers need to stay ahead of competitors by developing new code and new applications all the time. But new code involves developing intelligent solutions to problems, and providing customers with a unique product. What options do software developers
- [California E-Verify Law Presents Challenges for Some Employers](https://finkellawgroup.com/2016/02/16/california-e-verify-law/) - 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
- [Final SEC Rules for Raising Money via Crowdfunding](https://finkellawgroup.com/2016/02/09/raising-money-via-crowdfunding/) - 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”)
- [Succession Planning for Your California Family Business](https://finkellawgroup.com/2015/08/19/california-family-business-succession-planning/) - 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
- [Why Protect Your Software With the Power of Copyright Law](https://finkellawgroup.com/2015/07/30/why-protect-your-software-with-copyright/) - An enormous amount of any software company’s value is tied up in its intellectual property. One way to protect your software – the key asset of your company – is to seek copyright protection through the U.S. Copyright Office in Washington, D.C. A copyright is automatically created upon the completion of an original work of authorship that
- [Protecting Your Trademark Rights – Recent U.S. Supreme Court Ruling Raises the Stakes](https://finkellawgroup.com/2015/04/28/protecting-trademark-rights/) - Every business wants to develop a positive image in the minds of customers. Many companies spend lavishly on marketing to establish reputations for quality, performance and value. A company’s reputation can be among its most valuable assets. If an unknown computer company could use the name “Apple” – or something confusingly similar like “Appel” –
- [Challenges to Raising Money Through Social Media While Complying with the JOBs Act](https://finkellawgroup.com/2015/03/03/challenges-to-raising-money-through-social-media-jobs-act/) - In September 2013, Title II of the JOBs Act went into effect. For the first time private companies could lawfully raise investment capital from the public using Social Media to spread the word about the investment. More and more, Social Media is driving the capital raising process for small businesses across the U.S. The enactment
- [Avoiding Wrongful Termination Claims](https://finkellawgroup.com/2014/09/09/wrongful-termination-claim-2/) - No matter how careful you are in screening prospective employees, sometimes the fit between employer and employee just isn’t a good one. When efforts to address a staff member’s behavior have been exhausted, or if termination is contemplated, it’s important to understand the legal view of the employer-employee relationship. A wrongful termination claim can be
- [Payroll Taxes are Not a Short Term Loan From the IRS](https://finkellawgroup.com/2014/07/30/payroll-taxes-irs/) - A client came to see me because the IRS was threatening to shut down his business for non-payment of payroll taxes of over $100,000. I asked why the taxes hadn’t been paid and he told me that he had cash flow problems so he used the payroll taxes as a short term, low interest loan
- [Employment Laws That Companies Must Know to Stay Out of Trouble](https://finkellawgroup.com/2014/06/18/federal-california-employment-law/) - Federal and state employment law is incredibly complex, with overlapping and sometimes conflicting provisions that can leave a business owner wondering what provisions of law must it comply with and how and when to do so. California’s employment laws are among the most complex and onerous in the nation, and contribute, in no small part,
- [California Construction Contracts:  5 Key Things to Consider](https://finkellawgroup.com/2014/05/21/california-construction-contracts/) - 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
- [Cybersecurity Protection for your California Business](https://finkellawgroup.com/2014/03/25/cybersecurity-protection-california/) - Just as the U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) completes its version 1.0 National Framework for Improving Critical Infrastructure Cybersecurity, California Attorney General Kamala Harris has made clear she intends a leadership role for California. With the just published guide entitled “Cybersecurity in the Golden State: How California Businesses Can
- [Tax Considerations for California Corporations](https://finkellawgroup.com/2013/12/30/tax-considerations-california-corporations/) - Previous posts have discussed the many factors entrepreneurs should consider when forming and organizing a new business enterprise. Of all those factors, three issues are particularly important when selecting the form of business entity for your new venture: (1) Who will be the owner of the business; (2) how will the earnings of the business
- [Conducting Effective Due Diligence in Intellectual Property Transactions](https://finkellawgroup.com/2013/09/06/conducting-effective-due-diligence-intellectual-property-transactions/) - Your software company has been approached by a start-up company that has developed a mobile application that could provide your company, indeed your entire industry, with an exciting new platform to deliver products and services to customers globally. As a CEO, your first instinct is to lock up the start-up’s technology quickly because you don’t
- [The U.S. Supreme Court, in Vance v. Ball State University, Clarified the Definition of “Supervisor” in Title VII Harassment Cases](https://finkellawgroup.com/2013/07/31/u-s-supreme-court-workplace-harassment-cases/) - On June 24th, the U.S. Supreme Court issued a decision that clarified the definition of “supervisor” in Title VII workplace harassment cases. How the U.S. Supreme Court’s decision will impact California employers remains to be seen. California’s civil rights statute, the Fair Employment and Housing Act [FEHA], relies upon a different definition of a “supervisor”
- [Options for Creditor in Bankruptcy Case](https://finkellawgroup.com/2013/04/06/options-for-creditor-bankruptcy/) - Learn key options creditors have in a bankruptcy case, from filing claims to challenging discharge, so you can better protect what you are owed.
- [How Commercial Lenders Evaluate Leases and What It Means for Your Company](https://finkellawgroup.com/2025/12/29/how-commercial-lenders-evaluate-leases-and-what-it-means-for-your-company/) - Learn how lenders evaluate commercial leases and why tenant credit, lease terms, and rent rolls impact your company’s financing options.
- [Asset Purchase Transactions Checklist](https://finkellawgroup.com/2013/05/31/asset-purchase-transactions-checklist/) - Perhaps the most common form of merger and acquisition is the asset purchase transaction. In this type of transaction, the buyer identifies the specific assets of the target company that it wishes to purchase and carves out those assets from the target’s portfolio of assets. Frequently, any liabilities associated with the purchased assets are assumed
- [Protecting California’s Children in the Digital World](https://finkellawgroup.com/2013/11/22/protecting-californias-children-digital-world/) - The California legislature has taken another step in the enormous task of protecting children in the digital world. And Governor Brown has endorsed its efforts. On September 23, 2013, Governor Brown signed California’s minor “eraser law,” which is the first of its kind in the country and will require web companies like Facebook, Twitter, and
- [Biggest Threat to Your Company's Trade Secrets](https://finkellawgroup.com/2016/10/25/trade-secret-theft/) - For many people, trade secret theft evokes images of an international technological superspy using complex cyber-tools to engage in corporate or national espionage in cyberspace to steal the crown jewels of company or country. In reality, the more common, less dramatic and yet more dangerous threat to a company’s proprietary information comes from within. Current
- [Technology Startups:  Picking the Right Business Entity](https://finkellawgroup.com/2022/03/10/technology-startups-picking-the-right-business-entity/) - Many technology startups fail, often for commercial or business reasons. Some startups, however, fail because their founders don’t properly address certain important legal issues that confront their company from the outset. If you err when confronting legal issues that are critical to your company’s success, it will likely haunt you and your co-founders for the
- [Creating the Right Commercial Enterprise to Start and Grow Your Family Business](https://finkellawgroup.com/2022/04/07/creating-the-right-commercial-enterprise-to-start-and-grow-your-family-business/) - Once you have selected a type of business entity and original name for your new company, it’s time to formally create the enterprise and ensure it is properly licensed. The first step to accomplish this goal is drafting your business’ governing documents. Prepare and File the Right Documents The documents to prepare and file depend
- [Selecting a Name for Your New Family Business](https://finkellawgroup.com/2022/03/24/selecting-a-name-for-your-new-family-business/) - Setting up your family business correctly increases the chances you’ll to hit the ground running and prevent major issues from popping up down the road. One of the first tasks you’ll want to accomplish is choosing the name of your business. From selecting a legal name for your business to reserving your domain name
- [Protecting and Enforcing Your Trade Secrets in California and Beyond](https://finkellawgroup.com/2022/04/26/protecting-and-enforcing-your-trade-secrets-in-california-and-beyond/) - An Award of Injunctive Relief Does Not Preclude Continuing Rights to Monetary Damages The primary objective in filing a lawsuit involving misappropriation of a trade secret is to stop the use and disclosure of your critical business information. But even if your company succeeds in blocking the use of your trade secrets by obtaining an
- [Balancing the First Amendment Protection of Artistic Expression Against the Trademark Rights of a Global Brand in the Digital World](https://finkellawgroup.com/2022/06/24/balancing-the-first-amendment-protection-of-artistic-expression-against-the-trademark-rights-of-a-global-brand-in-the-digital-world/) - On May 18, 2022, U.S. District Judge Jed Rakoff issued a written decision refusing to dismiss Hermes’ trademark infringement lawsuit against Los Angeles designer Mason Rothschild over Rothschild’s “MetaBirkins” non-fungible tokens (“NFT”). The case has been closely watched by trademark lawyers and NFT creators because it represents a familiar clash between federal trademark law and the
- [Secure and Protect Brand Names, Logos, and Domain Names Before Creating Value in Them](https://finkellawgroup.com/2022/06/14/secure-and-protect-brand-names-logos-and-domain-names-before-creating-value-in-them/) - Once you have formed and organized your new technology company, one of your first tasks should be to secure your commercial rights to the company’s business and essential brand names, logos and domain names while the business is still in the conceptual stage. When your company is new, and yet to demonstrate it has any
- [Bankruptcy Options for My Business](https://finkellawgroup.com/2022/07/18/types-of-business-bankruptcies/) - There are several types of bankruptcies available to businesses (and individuals) depending on the circumstances and goals of the company's owners. Chapter 13 Bankruptcies One of the most common types of bankruptcy is Chapter 13. Chapter 13 applies to individuals and sole proprietorships and is generally designed to adjust debt for individuals who also have
- [What is the Difference Between Chapter 11 & Chapter 13 Bankruptcies?](https://finkellawgroup.com/2022/08/02/what-is-the-difference-between-chapter-11-and-chapter-13-bankruptcies/) - The main difference between Chapter 11 and Chapter 13 is that a Chapter 13 bankruptcy requires that the debtor pay his or her debts within five years. On the other hand, Chapter 11 allows the filer to extend the five-year period unlike Chapter 13. Another difference is how much the Debtor has to pay creditors.
- [How is it Determined Which Type of Bankruptcy Is Right for My Business' Situation?](https://finkellawgroup.com/2022/10/04/how-is-it-determined-which-type-of-bankruptcy-is-right-for-my-business-situation/) - In order to effectively determine what the appropriate bankruptcy avenue should be for a given individual or entity, multiple steps should be considered. Where did the debt come from? The first question is to determine what caused the individual or corporation to accumulate the amount of debt owed. For example, an entity may have a
- [The Handling of Assets in My Family-Owned Business Bankruptcy](https://finkellawgroup.com/2022/09/07/the-handling-of-assets-in-a-business-bankruptcy/) - In the case of the bankruptcy of my business and the payment of creditors, is it better to liquidate the assets or default on creditor lawsuits? If given the choice, it is preferable to liquidate the assets yourself if you maintain control of them. Often, debtors may ask the bank to liquidate the assets which
- [Bankruptcies of Publicly Traded Companies](https://finkellawgroup.com/2022/11/16/bankruptcies-of-publicly-traded-companies/) - Generally, if a publicly traded company files for bankruptcy, the Securities and Exchange Commission (SEC) will become more involved in the process. As a general matter, few public companies file Chapter 7 but may file for a reorganization. However, the SEC imposes additional reporting requirements as opposed to a privately held company. If the public
- [What Types of Debt Can I Not Discharge in a Bankruptcy?](https://finkellawgroup.com/2022/12/14/what-types-of-debt-can-i-not-discharge-in-a-bankruptcy/) - Most types of debt can be discharged in bankruptcy but some types of debt cannot, for example, tax debt, student loans, child support and debt incurred through fraud. Tax Debt Most tax debt incurred within three years of the Bankruptcy filing will not be discharged, nor will taxes owed for payroll taxes or other forms
- [What is the Order of Payment to the Creditors in My Business' Bankruptcy Liquidation?](https://finkellawgroup.com/2023/01/23/what-is-the-order-of-payment-to-the-creditors-in-a-my-business-bankruptcy-liquidation/) - When a corporate entity files for Chapter 7 bankruptcy and the assets are liquidated in its entirety, there is an order of priority in which creditors and third parties will have the right to their claim. Creditors with Secured Debt If the creditors are owed secured debt, that is, debt that is secured by assets
- [How Can My Business Avoid Bankruptcy?](https://finkellawgroup.com/2023/02/15/how-can-my-business-avoid-bankruptcy/) - There are several steps you can take to try to avoid bankruptcy and keep your business afloat: Create a budget: Review your finances and create a budget that includes all of your income and expenses. Make sure you have a clear understanding of your cash flow and where your money is going.Reduce expenses: Look for
- [Which Type of Bankruptcy Would Avoid Foreclosure of My Primary Home?](https://finkellawgroup.com/2023/04/06/which-type-of-bankruptcy-would-avoid-foreclosure-of-my-primary-home/) - If you are facing foreclosure on your primary home and you want to keep it, you may be able to do so through bankruptcy. Chapter 13 bankruptcy is designed to help debtors with regular income reorganize their debts and repay them over a period of three to five years. If the Debt exceeds the limits
- [Can Bankruptcy Protect a Debtor from Criminal Prosecution?](https://finkellawgroup.com/2023/05/19/can-bankruptcy-protect-a-debtor-from-criminal-prosecution/) - Bankruptcy can provide relief to a debtor by discharging debts and providing a fresh financial start. However, bankruptcy does not provide protection from criminal prosecution. If, for example, the filer is a publicly traded company and the filer stole money from the company, there may be criminal implications because public companies have shareholders. Bankruptcy laws
- [What Is the Homestead Exemption in California Bankruptcy?](https://finkellawgroup.com/2023/06/13/what-is-the-homestead-exemption-in-california-bankruptcy/) - In California, the homestead exemption is a legal provision that protects a certain amount of equity in a debtor's primary residence from being seized or sold to satisfy debts in a bankruptcy proceeding. Homestead exemptions are laws that protect you from voluntary and involuntary liens such as taxes. The exemption allows individuals to retain a
- [Securing and Protecting Your Company’s Trademarks - Part 1](https://finkellawgroup.com/2023/07/13/securing-and-protecting-your-companys-trademarks-part-1/) - This article is the first in a series of articles to provide our readers with a broad overview of trademark law in the United States. We're here to help you with protecting your company's trademarks. The topics the article series will cover include (1) the legal framework for trademark law in the United States, (2) the
- [The Nature of Registrable Trademarks - Part 2](https://finkellawgroup.com/2023/08/09/the-nature-of-registrable-trademarks-part-2/) - This blog is the second in a series of articles Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States. It covers the nature of registrable trademarks under the Lanham Act and explains how to evaluate whether your desired mark is available for registration. Types
- [Bankruptcy's Impact on the Reputation of a Family-Owned Business: Maintaining a Positive Image](https://finkellawgroup.com/2023/07/28/bankruptcys-impact-on-the-reputation-of-a-family-owned-business-maintaining-a-positive-image/) - For family-owned businesses, reputation isn't just a corporate matter—it's deeply personal. When financial hardship necessitates bankruptcy, many entrepreneurs fear not just the process itself but the potential stain on their family's name and legacy. However, with the right strategies, it's entirely possible to maintain, and even enhance, your business's image during and after bankruptcy. 1.
- [Registering Your Company’s Trademarks Under Federal and State Law - Part 3](https://finkellawgroup.com/2023/10/16/registering-your-companys-trademarks-under-federal-and-state-law-part-3/) - This blog is the third in a series that Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States. In the United States, a trademark may be registered under federal law or state law, and registering your company’s marks with the U.S. Trademark Office brings
- [Maintaining Your Company’s Legal Rights in Its Trademarks](https://finkellawgroup.com/2023/12/08/maintaining-your-companys-legal-rights-in-its-trademarks/) - This blog is fourth in a series of articles that Finkel Law Group has published to provide our readers with a broad overview of trademark law in the United States. The legal rights your company secures in the trademarks its uses for the goods and services you sell to consumers are subject to certain maintenance requirements
- [Navigating the Global Expansion of Your U.S. Trademarks](https://finkellawgroup.com/2024/08/05/navigating-the-global-expansion-of-your-u-s-trademarks/) - As your business grows and ventures into international markets, protecting your intellectual property becomes increasingly important and expensive. Your U.S. trademarks are valuable assets that define your brand identity and reputation in only one market, the United States. To maintain and expand the value of your trademarks globally, you need to register your marks in
- [Remedies Available in Federal Court to Help Resolve Business Disputes](https://finkellawgroup.com/2024/11/11/remedies-available-in-federal-court-to-help-resolve-business-disputes/) - Business disputes are an inevitable part of running a company, whether you're a small startup or a large corporation. When these disputes cannot be resolved through negotiation, mediation, or arbitration, litigation in federal court may be the best—or only—option. Understanding the remedies available in federal court can help your company make informed decisions about how
- [Enforcing Your Company’s Trademark Rights: Cease and Desist Letters](https://finkellawgroup.com/2025/01/30/enforcing-your-companys-trademark-rights-cease-and-desist-letters/) - This blog is the fifth in a series that Finkel Law Group is publishing to provide our readers with a broad overview of trademark law in the United States. In the United States, to maintain your legal rights in your trademarks you must be diligent in protecting your marks by taking appropriate enforcement action against
- [M&A the Easier Way: The Stock Purchase Transaction](https://finkellawgroup.com/2013/06/21/ma-the-easier-way-the-stock-purchase-transaction/) - The first type of merger and acquisition (M&A) transaction we introduced you to was an asset purchase transaction. The second type of M&A transaction you should be aware of is a stock purchase transaction. The next type of M&A transaction we will introduce you to is a merger. While each form or transaction has its
- [Opportunities and Challenges of Mergers](https://finkellawgroup.com/2013/06/28/opportunities-and-challenges-of-mergers/) - The third form of M&A transaction is the merger in all its forms. A merger generally achieves the same result as a stock purchase transaction but is usually a simpler transaction. It avoids many of the obstacles incident to dealing with a large number of shareholders. Absent special super-majority voting requirements in either party’s articles
- [How Will The Business Return Profits to Owners?](https://finkellawgroup.com/2013/03/22/how-will-the-business-return-profits-to-owners/) - Previously, I discuss issues related to structuring ownership. This post is a happy topic – what to do with the profits from your business. A business can either distribute current earnings to its owners or accumulate and reinvest earnings with the goal of growing the business so it can in the future be taken public
- [What Taxes to Pay First](https://finkellawgroup.com/2013/03/29/what-taxes-to-pay-first/) - When your cash flow is inadequate to pay all your business taxes, which ones should you pay first? Your business is faced with a number of different types of taxes and government fees (which certainly feel like taxes). Some of the types that could apply to your business are personal property taxes on your equipment
- [What about an LLC?](https://finkellawgroup.com/2013/04/03/what-about-an-llc/) - As we have discussed before, the question of what is the best form of business entity to operate your new company is complicated and based on your specific business objectives and business plan. The options include a form or corporation, a partnership or limited liability company. Each form of entity has its advantages and disadvantages.
- [Software Licensing Agreements](https://finkellawgroup.com/2013/04/18/software-licensing-agreements-indemnification-issues/) - Software has transformed the way we conduct business and is quickly transforming the way we live our lives. It runs many of the devices we use every day, from the devices we use to surf the Internet, to the computers we use to process data and disseminate information, to the smart phones we use to
- [Recent Licensing Contract Victory](https://finkellawgroup.com/2013/05/01/recent-licensing-contract-victory/) - We recently handled a matter for an engineering firm based in San Jose that was negotiating a deal to provide consulting and training services to the customers of a large software company based in San Francisco. The customers, who were scattered all over the globe, needed training and technical assistance on how to use the
- [Merger & Acquisitions Best Practices](https://finkellawgroup.com/2013/05/17/merger-acquisitions-best-practices/) - According to a recent Wall Street Journal survey mergers and acquisitions (M&A) are poised to increase in 2013. See the WSJ press release. The Journal’s survey, which tilts towards Silicon Valley and Northern California, indicates that deal makers attribute the potential for increased M&A activity throughout the remainder of 2013 and into 2014 to the
- [M&A Transactions: Significant Factors Affecting the Transaction Form](https://finkellawgroup.com/2013/07/12/ma-transactions-significant-factors-affecting-the-transaction-form/) - As we’ve mentioned in earlier posts, there are many factors that affect the decision you will make on the most appropriate form of mergers & acquisitions (M&A) transaction to complete the deal you’re considering to combine two or more companies. While nowhere near comprehensive, the following table contains a short list of the most common,
- [Software Licensing: A Clear Grant Clause Makes For Happy Parties](https://finkellawgroup.com/2013/07/19/software-licensing-a-clear-grant-clause-makes-for-happy-parties/) - As I discussed in our first blog on software licensing published several weeks ago, software has transformed the way we conduct business and is quickly transforming the way we live our lives. It runs virtually all of the devices we take for granted yet use and depend upon to make our day-to-day lives, well more
- [The U.S. Supreme Court Makes It Harder for Employees to Bring Title VII Retaliation Claims against Their Employers](https://finkellawgroup.com/2013/07/26/retaliation-claims-against-employers/) - On June 24th, the U.S. Supreme Court issued an opinion that changed the standard for employees who bring Title VII retaliation claims against their employers. The effect that this decision will have on California employers remains to be seen. California’s civil rights statute, the Fair Employment and Housing Act [FEHA], applies a different causation standard
- [Small Business Employers are bound by the California Fair Employment and Housing Act [FEHA]](https://finkellawgroup.com/2013/08/30/fair-employment-housing-act/) - In California, small business employers who regularly employ five (5) or more employees are bound by the State’s anti-discrimination law, the Fair Employment and Housing Act [FEHA]. An employer with five or more employees cannot discriminate against its employees on the basis of “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
- [Conducting Effective IP Due Diligence: Make Sure You Get Off On The Right Foot](https://finkellawgroup.com/2013/09/13/conducting-effective-ip-due-diligence-make-sure-get-right-foot/) - As we discussed last week, intellectual property (“IP”) due diligence comes up in many different types of transactions, including licensing transactions, joint development agreements, M&A deals, and venture capital investments. Anytime an acquisition or investment is based, in part, on the target’s or issuer’s IP – and in the San Francisco Bay Area it frequently
- [Conducting Effective IP Due Diligence: Digging Into The Target’s IP Assets](https://finkellawgroup.com/2013/09/21/conducting-effective-ip-due-diligence-digging-targets-ip-assets/) - You’re the CEO of a software company. You’ve identified a new start-up company that claims to have developed a mobile application that could provide your company, indeed your entire industry, with an exciting new platform to deliver products and services to fast moving customers globally. Your board of directors has authorized you to move forward
- [Copyright Act Section 203 Levels Playing Field for 1st Generation of Video Game Designers](https://finkellawgroup.com/2013/09/23/copyright-act-section-203-levels-playing-field-1st-generation-video-game-designers/) - In 1972 Atari released its simulated table tennis game, Pong. My parents purchased a copy for our family. My sister and I spent hours playing against one another. The only feature you could adjust was the speed of the ball, but we were transfixed to the television set recreating famous tennis matches we had seen
- [Copyright Infringement Claims & Consultants](https://finkellawgroup.com/2013/10/21/copyright-infringement-claims-consultants/) - An important aspect of any intellectual property (“IP”) due diligence effort is to evaluate how the target company has managed its relationships with its personnel and whether infringement claims could possibly arise from those relationships. Requesting and reviewing the documents that memorialize the terms and conditions under which the target company retains consultants, vets prospective
- [Trade Secret Misappropriation Claims Created by New Technologists](https://finkellawgroup.com/2013/10/28/trade-secret-misappropriation-claims-created-new-technologists/) - Another important aspect of intellectual property (“IP”) due diligence is evaluating how the target company has managed its relationships with technologists, and whether misappropriation claims could possibly arise from those relationships. Requesting and reviewing documents that memorialize the terms and conditions under which the target company vets prospective technologists is a crucial step when evaluating
- [Collaboration and Co-Ownership Claims Discovered in IP Due Diligence](https://finkellawgroup.com/2013/11/07/collaboration-for-ip-due-diligence/) - Another important aspect of intellectual property (“IP”) due diligence is evaluating how the target company has managed its relationships with third party technologist or university professors, and whether infringement claims could possibly arise from those relationships. Requesting and reviewing documents that memorialize the terms and conditions under which the target company has worked with third
- [California Consumer Privacy Protections Expanded](https://finkellawgroup.com/2013/11/18/california-consumer-privacy-protections-expanded/) - In 2002, California became the first state in the union to enact a data breach notification law. The statute requires California businesses or businesses that own or license computerized data that includes personal information of California residents to disclose when there has been a breach of a security system used to protect that data. Since
- [Tax Considerations for California S Corporations](https://finkellawgroup.com/2014/01/13/tax-considerations-california-s-corporations/) - Last weeks blogs discussed tax considerations of C-Corps. This week’s blog discusses some similar tax considerations of S-Corps, which is a form of flow through entity for tax purposes. The net income of an S corporation is not taxable at the corporate level. Instead, it flows through to the individual shareholders. The shareholder is taxed
- [Pending Trade Secret & Copyright Legislation Could Further Protect American IP Owners](https://finkellawgroup.com/2014/02/25/pending-trade-secret-copyright-legislation-could-further-protect-american-ip-owners/) - Several bills moving their way through the United States Congress would establish or substantially amend certain federal statutes pertaining to protecting, enforcing, and exploiting trade secrets and copyrights created in the United States. Some legislation is aimed at establishing a private right of action for trade secret theft under federal law and to prevent trade
- [Copyright Owners Would Enjoy Greater Protections Under Legislation Pending in U.S. Congress](https://finkellawgroup.com/2014/02/28/copyright-owners-would-enjoy-greater-protections-under-legislation-pending-in-u-s-congress/) - Last week we discussed pending legislation working its way through the U.S. Congress that would strengthen several statutes to better protect protect IP owners from trade secret misappropriation and provide them with more sweeping and powerful remedies in the event their trade secrets are stolen. This week we discuss several pieces of legislation being proposed
- [Implications of “Raging Bull” Lawsuit for Copyright Owners](https://finkellawgroup.com/2014/06/10/implications-of-raging-bull-lawsuit/) - Dust off those old songs, manuscripts and articles because on May 19, 2014, the U.S. Supreme Court issued an opinion in Petrella v. Metro-Goldwyn-Mayer, Inc. (the “Raging Bull” lawsuit) that ensures a copyright holder has the right to enforce a copyrighted work, even if it has been dormant for many years, and receive damages, and,
- [Favorable Settlement for Client Involved in Corporate Buyout Litigation](https://finkellawgroup.com/2013/08/09/corporate-buyout-litigation/) - Finkel Law Group recently represented several shareholders of a privately held commodities trading firm in a contentious buy out of departing shareholders who demanded several million dollars for their stake in the company. As a result of the firm’s efforts, the departing shareholders ended up with one-third of their original demand. A critical factor in
- [E-Commerce Companies Beware: It’s Now Possible to Copyright HTML](https://finkellawgroup.com/2016/05/15/copyright-html/) - 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
- [US Supreme Court Copyright Act Decision - ABC v Aereo](https://finkellawgroup.com/2014/08/25/copyright-act-decision-abc-v-aereo/) - Developers of new digital technologies that store and transmit data to customers around the world suffered a major set back on June 25, 2014 in the United States Supreme Court Copyright Act Decision in American Broadcasting Cos., Inc. v. Aereo, Inc. The court found that Aereo infringed broadcasters’ copyrights by providing its customers with access to
- [Victory in Residential Mortgage Foreclosure Case in Alameda County Superior Court](https://finkellawgroup.com/2014/06/24/victory-residential-mortgage-foreclosure-case/) - 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
- [False Advertising Claim Cases Get a New Standard](https://finkellawgroup.com/2014/04/24/false-advertising-claims-cases-get-new-standard/) - 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
- [Management-Investor Conflict Can Lead to Costly Disruption of Business](https://finkellawgroup.com/2013/10/14/management-investor-conflict/) - 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
- [Client Success Story](https://finkellawgroup.com/2013/01/10/defense-verdict-against-57-million-trade-secrets-case/) - Victory in $57 Million Trade Secret Misappropriation Case Finkel Law Group successfully defended a privately held software company against claims of trade secret misappropriation and conversion of confidential business information in a lawsuit filed in the Court of Common Pleas in Philadelphia, Pennsylvania by a plaintiff seeking damages in excess of $57 million. The plaintiff,
- [New Feature for 2013](https://finkellawgroup.com/2013/01/07/insights-new-feature-in-2013/) - The Finkel Law Group has a wide range of legal experience as transactional attorneys assisting companies with their legal needs and as litigators insuring that our business clients’ rights are vigorously asserted in court if necessary. We will be sharing our insights based on countless representations satisfying our clients’ business objectives through client-focused legal services.
- [Finkel Law Group Opens San Francisco Office](https://finkellawgroup.com/2013/01/18/finkel-law-group-opens-san-francisco-office/) - Finkel Law Group, a boutique law firm, has now opened an office in San Francisco, California to better serve clients in the Bay Area and beyond. The Finkel Law Group is comprised of experienced business attorneys providing expertise in the areas of corporate formation, corporate funding, business litigation, intellectual property, employment and real estate law. It
- [Choosing a Corporate Entity?](https://finkellawgroup.com/2013/02/24/choosing-a-corporate-entity/) - Critical Issues When Deciding on a Corporate Entity The primary considerations when choosing a business entity is (1) the degree to which the entrepreneurs’ personal assets are protected from the business’ liabilities, (2) the availability of favorable tax strategies (like maximizing the tax benefits of start-up losses, avoiding multiple layers of taxation, and converting ordinary
- [Three Ways You May Be Sharing Trade Secrets With Competitors and How to Stop](https://finkellawgroup.com/2015/12/17/sharing-trade-secrets/) - 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.”

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- [Protect Your Company's Trade Secrets](https://finkellawgroup.com/protect-company-trade-secrets/) - IntroductionLegal Authority for Trade SecretsTrade Secret Subject MatterSecuring and Maintaining Trade SecretsTransferring Trade Secret OwnershipScope of Trade Secret RightsTrade Secret EnforcementTrade Secret LitigationInvestigating the Suspected MisappropriationSending a Cease and Desist LetterContacting Law Enforcement Where Criminal Trade Secret Theft OccursFiling a Legal ActionPreparing for Defendants' CounterclaimsMaintaining Confidentiality During Litigation Introduction Intellectual Property (“IP”) is a general
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