Business Law

Typically, the two most concerning provisions of cross border agreements is the arbitration and termination provisions. Often times, these agreements are not well thought out and disputes as to their content and enforceability are disputed. With regard to arbitration provisions, parties should consider whether arbitration is preferred rather than resolving disputes in court. When permitting arbitration, parties should consider whether…

Read the download “Court Invalidates Lease-Leaseback Arrangement” here. In order to streamline the bidding process and avoid problematic bidding rules in the Public Contracts Code, the California Legislature created an exception in the Education Code that allows school districts to get creative, and instead of requiring bidding on design bid projects, use a “lease-leaseback.” In doing so, the school district…

Buying a Franchise: Some Tips for the Unwary Download a PDF of the article here By Darryl J. Horowitt For many, the idea of owning your own business and being your own boss is alluring: you set your hours and you alone reap the rewards of your endeavors. Unfortunately, the road to success is often paved with many perils: employee…

Protect Yourself In Your Banking Relationship By Darryl J. Horowitt Download a PDF of the article here Virtually everyone and every business has a relationship with a financial institution, whether it be a bank, savings bank, or credit union. When the account is opened, there is the hope that nothing will go wrong in the account and that your funds…

Contractor Not Barred By Failure to Obtain Written Home Improvement Contract Download the PDF of the article here  By Darryl J. Horowitt  September 10, 2010 Many general contractors include home improvement projects within the scope of work they perform. Business & Professions Code § 7159 has long required all home improvement contracts over $500 to be in writing. Section 7159…

Download a PDF of the article here By Darryl J. Horowitt In prior newsletters, we have discussed various collection tips that focus primarily on preventing collection problems before they start. But what happens when your customer calls you and, despite taking thousands of dollars of product or services from you, says they cannot pay in full within the terms previously…

Download the PDF of this article here By Darryl J. Horowitt As litigation becomes more expensive, clients look to more cost-effective means of resolving their disputes. This requires an evaluation of alternative dispute resolution, otherwise known as ADR. Alternative dispute resolution includes non-court alternatives such as negotiations, mediations, arbitrations, mini trials, and early neutral evaluation. Courts have recognized the benefits…

By Darryl J. Horowitt Download a PDF of the article here In a previous issue of Legal Brief, I discussed protecting yourself with adequate auto insurance. This is, perhaps, the insurance that is most commonly bought, because every driver is required to be covered by automobile liability insurance. But what about business owners? Should they buy insurance as well? This…