- Article – Commercial Evictions Update – Is Your Business Protected?
- Jenna Griffin joins FSG as an Associate
- Stephen “Rusty” Kozak joins FSG as an Associate
- 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”
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 email@example.com.
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 firstname.lastname@example.org.
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).
There comes a time when a business owner wants to take advantage of his/her hard work and is ready to cash out of the business. However, even when a buyer is found there are valuation issues and a number of legal concerns to address in order to protect the owner. What can you do when a purchase price cannot be agreed upon? Written by Martin C. Groh, this story is based on a true-story client dialogue. Read the full article.
Marty chairs the firm’s Tax & Estate Planning Practice Group. Contact Marty with any questions at email@example.com or 949.265.1109.
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, recently 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.
Wage & Hour Class Action
Our Employment & Labor Practice Group has spent much of the last two years handling numerous large class action lawsuits in which current and former employees have sued employers based on their failure to comply with California’s very technical legal requirements concerning meal and rest breaks. These requirements are a very common trap for the unwary employer, even when making good faith attempts at compliance. The damages claimed at the outset of these cases are often overwhelming for the employer and it is not unusual for initial damages analysis to reveal potential liability in the millions of dollars. Employers may also be liable for the employees’ attorneys’ fees in these cases. Not uncommonly, the attorneys’ fees are equal to, or sometimes even greater than, the amount of damages claimed by class members.
One of the common issues in these cases is the inadvertent failure of the employer to have the precise technical language now required by California law incorporated into its meal and rest break policies and employee handbook. In light of this current wave of class actions focused on these issues, it makes good business sense for all clients to have their meal and rest break policies, as well as their employee handbook, reviewed by employment law counsel without delay.
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.