Buying a business can be one of the most complex transactions that a person ever engages in.  There are seemingly endless details that need to be addressed, but from the buyer’s perspective there may be none more important than the non-competition clause. Whether you’re buying a business on the open market, from a friend or […]

There are countless concerns that a new business owner has, and one key early decision affects many facets of the business: What will your business be called? Your business name obviously has an effect on your marketing and appearance in the community, but there are some legal considerations to your business name, as well. Fictitious […]

There’s a fairly constant drive that Santa Clara estate planning lawyers see in our society to continually acquire assets.  After all, that’s one of the ways we accumulate wealth, which we then ask the estate planning lawyer to help us pass on.  Simply gathering more and more assets isn’t always the best approach to building […]

If you own your own small business, it’s likely that business is one of the two most valuable assets you own (the other being your real estate).  Integrating your business plan with your estate plan is therefore of critical importance. Business succession planning can be quite complex and can vary widely depending on the nature […]

The last couple of months we discussed two key “boilerplate” provisions often found in business contracts: the attorney fee clause and the arbitration clause.  I’d like to close our discussion of boilerplate with a brief overview of some of the other items you may see. Choice of Law: Some contracts contain a provision stating which […]

California business attorneys see again and again how folks underappreciate just what they can do to protect their businesses through estate planning.  After spending years building a solid business, it should almost go without saying that you want to protect what you’ve created.  One way is to work with a business planning attorney to create […]

Most business contracts feature some “boilerplate” clauses covering a number of items that may seem incidental to the main thrust of the agreement.  Many people are tempted to skim past this language or ignore it entirely, assuming it is “just standard,” but these clauses can sometimes make an enormous difference. This month, I would like […]

There are a lot of advantages to organizing your business as a Corporation or LLC: limiting your personal liability, having a clear business structure when adding owners, and allowing your business to continue after you are gone, just to name a few.  But it is true that (like most things in business) these benefits come […]

If your business is past its start-up phase, it’s not too early to think about business succession planning.  You may expect to be continuing in business for decades, but unexpected events can arise, and even if they don’t, a long-established plan is more likely to go smoothly when you eventually leave your business. Succession planning […]

Starting a new business is always an exciting time.  When you are going into business with someone else, it’s a little bit like planning a wedding.  You’re both looking forward to a successful partnership that will be mutually beneficial. But, also like marriage, not every partnership works out well.  Even if you don’t come to […]