Picture a renowned winery in the heart of Napa Valley that has built its reputation on a trademark that connoisseurs associate with exceptional quality. This trademark, a symbol of years of hard work and dedication,...more
3/28/2024
/ Asset Management ,
Business Assets ,
Business Divorce ,
Business Ownership ,
Division of Assets ,
Intellectual Property Protection ,
IP Portfolio ,
Limited Liability Company (LLC) ,
Partnerships ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
In some cases, owners of an LLC provide in their Operating Agreements that any disputes involving the LLC or arising out of the Operating Agreement, including a business divorce, must be litigated in a private arbitration...more
In a recently published opinion, Hacker v. Fabe, 92 Cal. App. 5th1267 (2023), the California Court of Appeal found that an LLC owner’s destruction of the company’s records was a substantial factor that subjected him to...more
Limited Liability Companies (LLCs) are a common business structure. Combining the best elements of corporations and partnerships, LLCs offer liability protection while maintaining operational flexibility....more
Disputes between business owners are not uncommon. Although many are resolved amicably, some escalate to a business divorce. In such a case, a lawyer is critical to helping a business owner navigate the legal issues involved....more
When the members of a California limited liability company (LLC) decide to part ways, it is crucial to properly dissolve and wind up the business by addressing important legal and business obligations....more
Going into business with someone requires a high level of trust. For a business to thrive, business partners must be loyal to the business and each other. As in a marriage, when a partner in a business is disloyal, things...more
In many instances, an irreconcilable dispute leads business partners to break up, and sometimes end up in litigation. Even when owners get along great, life events such as failing health may force someone to depart the...more
Family-owned businesses can be an optimal means for transferring and preserving family wealth. When the family works cooperatively in their respective best interests to run and manage their businesses and assets efficiently,...more
You have likely heard the term “piercing the veil.” This legal doctrine permits a court to ignore corporate formalities and hold an individual owner liable for a company’s debt. But you may be less familiar with the doctrine...more
You would not believe how many executives come to us with sensitive scenarios involving demands for company financial, confidential, and proprietary information when his/her private life goes unexpectedly sideways. These...more
So you carefully negotiated a dissolution or separation from your former business partner in what seemed like an amicable parting… but then you wound up in litigation anyway. “How is that possible?” you ask. Unfortunately, it...more
Many clients come to us seeking a business divorce without any written agreement setting forth clear, viable rules for dissolution… and they are genuinely surprised to learn about the statistics associated with their plight....more
A business divorce occurs when two or more business partners sever their commercial relationship. Business divorce frequently involves friction, stress, and disagreement – so identifying what you want to achieve at the onset...more
Business divorce is a broad and complex topic, particularly given human nature. Most times, no one wants to talk about a failed relationship – particularly when the business partners are friends or family members who choose...more