• Standby Letters of Credit – What are They and What Should They Contain?

    By:  Serge Filatov, Esq. Standby letters of credit are irrevocable agreements for the payment of money.  They function like guarantees of obligations and are usually provided by a bank for the benefit of a beneficiary.  Standby letters of credit are governed by Article 5 of the Uniform Commercial Code (UCC), which in California is found […]

  • Negative Covenants in Loan Agreements – Think Through What You Really Want To Add

    By: Serge Filatov, Esq. When documenting a loan, lenders often have to determine which negative covenants they want to add to their loan agreement. Before determining which negative covenants to add, it is important to understand the purpose of negative covenants. What Are Negative Covenants? Negative Covenants are restrictions in a loan agreement which are […]

  • Reverse Veil Piercing: Another Reason to Pay Your Bills

    By: Tamara B. Pow, Esq . A recent California Court of Appeals case ( Curci Investments, LLC v. Baldwin ) means California LLC assets could be at risk for a member’s personal liability. Baldwin borrowed $5.5 million from an investment firm, as a predecessor to Curci Investments Inc. (“Curci”). Fast forward three years to the […]

  • By Reading This Blog, You Are Agreeing To…

    By: Robert V. Hawn, Esq. How many times have you registered or signed up for something online and came across a Terms of Service agreement? The answer is a lot, because vendors want to make sure we agree to their terms before providing a product or service. These days every app we use, every service […]

  • Big Changes Are Happening to California Tax Law

    By: Tamara B. Pow, Esq. As of July 1 st , important changes are now being implemented regarding the administrative side of California tax law. The state Legislature has restructured the Board of Equalization (BOE) into three separate entities: the BOE, the California Department of Tax and Fee Administration (CDTFA), and the Office of Tax […]

  • Cannabis Cash – Green Industry’s Troubles with Greenbacks

    By: Robert Hawn, Esq. Being a business lawyer in Silicon Valley, I have seen new industries develop and bloom overnight. Last November, California voters created the State’s newest green industry by adopting the Control, Regulate and Tax Adult Use of Marijuana Act of 2016. The initiative is California’s attempt to follow the leads of Colorado […]

  • Crowdfunding: Are you the Right Investor?

    If you have always wanted to invest in a start-up business , whether a high tech emerging growth company or a low tech products company, you have no doubt heard of the new SEC rules allowing crowdfunding. Part of the excitement comes from being able to make investment opportunities available through crowdfunding internet portals, and […]

  • New California LLC Statement of Information Forms – Don’t be caught unaware!

    By: Tamara B. Pow Will your LLC be suspended for failure to file the Statement of Information because you use an outdated form? In May of 2016 the California Secretary of State published a new form of Statement of Information for Limited Liability Companies (LLCs) . Filing the correct form, on time, is critical if […]

  • Crowdfunding – Is this the deal for you?

    By: Robert Hawn If you are an emerging growth high technology start-up , or a closely-held small business, you’ve heard of crowdfunding. Crowdfunding is commonly used to describe an approach to fund raising over the internet, often characterized by small investment amounts by large numbers of people. Recently, the Securities and Exchange Commission enacted its […]

  • Business Contracts – Beware of Third Party Beneficiaries -They May Not Be Missing Persons

    By: Robert Hawn As a business attorney with a Silicon Valley practice, I create a lot of contracts for many different kinds of companies. It never gets boring! One of the issues we sometimes worry about is whether there are any other parties that might have rights under these contracts. This concept, which lawyers refer […]