- Article – Tenants – Think Twice Before Signing That AIR Lease Form*
- Article “Agreements with Sales Representatives”
- Misclassification of an employee or a contractor can have severe tax and other consequences for the employer.
- Article “Classifying Workers: Contractors or Employees?”
- Friedman Stroffe & Gerard, P.C. again selected as one of “Top Orange County Law Firms”
- FSG’s Jim Stroffe featured in Orange County Business Journal’s “Law Firms Special Report”
- Robert Gerard and Bryan Friedman attend Surf Industry Waterman’s Ball event
- Friedman Stroffe & Gerard once again selected as one of OC’s top law firms
Action Sports employers need to prepare for the state minimum wage increase, which goes into effect on July 1, 2014. On that date, California’s minimum wage increases to $9 per hour from the existing minimum wage of $8 per hour. The federal minimum wage is $7.25 per hour, but when state and federal laws differ, employers must comply with the law that is more beneficial to the employee. Read the full article.
Questions? Contact Robert Gerard at firstname.lastname@example.org.
This communication is another tool that we use to inform our clients and colleagues of recent legal developments and useful concepts to help manage their business and personal affairs.
In this issue:
Article: “Infringement of Intellectual Property,” by Bryan M. Friedman (discover the boundaries to minimize financial exposure)
Article: “Selling Your Business: How to Bridge the Seller vs. Buyer Price Gap?”, by Martin C. Groh (creative thinking can yield large dividends for sellers)
Recent Engagements: To help clients understand ways that we can help them besides current matters, we briefly describe engagements of interest. In this issue, we discuss “Wage & Hour Class Action” lawsuits.
- Practice Profile: As a full-service business law firm, FSG represents its clients in a wide variety of business transactions and civil litigation. This month we profile our Corporate & Business Practice Group’s services.
This is the time of year when retailers and other business owners look carefully at their expansion plans for the upcoming year, begin scouting potential new locations, and perhaps even begin substantive lease negotiations with landlords concerning expansion, contraction, relocation and additional premises. Surprisingly, many will not engage the services of a qualified attorney to assist with their substantive lease review, thus potentially exposing themselves to a host of possible financial and legal headaches down the road. In addition to the basic financial terms of a lease (base rent, percentage rent, CAM, taxes, radius restrictions, tenant improvement allowances, etc.), there are dozens of other provisions contained in a lease that many small to mid-size retailers (and other tenants) do not think to even consider, let alone negotiate. Read the full article.
Questions? Contact David at email@example.com.
We are approaching a new year in which new employment laws will go into effect. In California, there continues to be a literal tsunami of cases in which specific legal requirements relating to meal and rest periods, work hours, leaves of absence, equal employment opportunity, and other employment requirements are at issue. This can make it difficult even for those employers whose employee policies are well-updated to operate with minimal legal issues, and a potential litigation nightmare for the employer that neglects to stay on top of changes in laws and documenting key company employment issues and policies. Read the full article.
The Surf Industry Manufacturers Association (SIMA) 2013 “Waterman’s Ball” was held recently at the Ritz Carlton in Dana Point. FSG partners Bryan Friedman and Robert Gerard attended on behalf of the firm.
“Waterman’s Weekend” raises funds for environmental groups that work on water quality issues, protect beaches and surf breaks, and offer ocean and conservation education. Honorees included Fernando Aguerre (Waterman of the Year), Peter “PT” Townend (Lifetime Achievement Award), Jon Rose (Special Achievement Award) and Brandon Boyd of Incubus (Environmentalist of the Year).
The action sports industry’s “Agenda” trade show was held recently in Los Angeles with over 600 brands that appealed to a wide swath of youth culture showing lines under one roof. FSG partner Bryan Friedman attended on behalf of the firm.
According to Shop-eat-surf.com, Agenda’s Mike Carter, VP of Sales & Marketing, said it was Agenda’s biggest show ever. Retailer and distributor attendance increased 40% vs. the January 2013 show.
Shop-eat-surf.com, a leading on-line source of business news and information for action sports executives, has published an article by FSG shareholder Bryan Friedman. In the article “Infringement of Intellectual Property” Bryan explains:
“It is important for the creative people in the industry to understand the boundaries of fair interpretation, and not infringe on other people’s intellectual property. In recent years the following infringements have given rise to numerous claims and large financial liability.” He then discusses key facts to know about trademarks, copyright and personal likeness. Read the full article.
Contact Bryan with any questions at firstname.lastname@example.org.
Robert Gerard will be discussing the contractual provisions, terminology, and legalities of athlete sponsorship deals within the action sports industry, and the enforceability of non-competition agreements, notwithstanding California’s strong public policy against such agreements, when said agreements are imposed on individuals providing special, unique, and/or extraordinary services.
FSG is pleased to announce that Jennifer Stroffe, real estate attorney, has been re-elected to the Executive Board of Directors of the Commercial Real Estate Women-Orange County (CREW-OC). CREW-OC is a commercial real estate organization that provides its members various benefits such as educational programs, philanthropy opportunities, award nomination and recognition and networking opportunities among its commercial real estate members. Jennifer was elected to fill the chair of Past President, following her service as the 2012 President of CREW-OC. She was recently selected to be the “Member Spotlight” for CREW-OC.
Most recently, CREW-OC held its second annual CREW-OC SPIRE Awards, honoring superior performance in Orange County’s commercial real estate on February 28, 2013 at the Center Club with over 250 people in attendance, prestigious award nominees and winners and reputable sponsors. Click here to view the Orange County Business Journal write up on CREW-OC including the SPIRE Award nominees
FSG attorneys Jim Stroffe and Jennifer Stroffe successfully secured an order for injunction and appointment of a Receiver in a case involving multiple out-of-state defendants, with properties located in several different state jurisdictions pursuant to an ex parte application filed in the US Federal District Court for the Central District of California. By immediately mobilizing its attorneys to simultaneously file a multiple count complaint consisting of over 100 pages and an ex parte application consisting of over 600 pages, FSG was able to obtain this extraordinary relief on an expedited basis despite the general reluctance of courts to issue appointment orders and numerous obstacles raised by defendants’ counsel. At issue in this case is defendants’ intentional diversion of client funds and dissipation of client assets in excess of $15 Million. In the order appointing the Receiver, Judge Guilford, among other things, vested the Receiver with the full and exclusive power, duty, and authority to administer and manage the defendants’ business affairs, funds, assets, choses in action and any of their other real and personal property – a huge victory by FSG’s legal team for its client.