The Unfair Competition Law, codified as Business & Professions Code Section 17200, provides for injunctive and other relief for any business practice that is “unfair,” “unlawful” or “fraudulent.” What is Unfair?  An unfair business practice is one that has the tendency to deceive the public.  Courts have struggled to come up with some sort of formula…

I am often asked how liability insurance is different from entity liability protection.  Liability insurance is purchased from an insurance company to cover claims against the business.  Business entities such as limited liability companies (LLC’s) and corporations provide limited liability protection, which prevents creditors from seizing the business owners’ assets. Business owners do not realize…

No one is responsible for being bullied, for inviting the misery upon themselves. If the employer has known about the bully before and chosen to retain him or her (attorneys call it negligent retention), there may be a claim to asset. For example, liability for negligent hiring and supervision is based upon the reasoning that…

PRACTICAL BUSINESS ENTITY TIPS—DO YOU KEEP YOURSELF SAFE?  What do the terms “articles,” “meeting” “bylaws” and “minutes” mean? Articles of Incorporation The Articles of Incorporation is the primary legal document of a corporation; it serves as a corporation’s constitution. The articles are filed with the proper state government to begin corporate existence. The articles contain…

BOTTLED PROTECTION POINTS FOR YOUR BUSINESS Independent Contractor or Employee? Bottled Protection Points provide tips for the business owner to contemplate and, if applicable, implement into his or her everyday operation. The Protection Points span the three interwoven areas of Business Law–Asset Protection; Estate Planning Protection; and Employment Law–all important considerations for the knowledgeable entrepreneur. Many times employers improperly…

Best Asset Protection and Bottled Business Sense Radio WFB Legal Consulting Inc. and the Bottle Business Sense Newsletter proudly present the launch of The Bottled Business Sense Radio Show. The show will launch June 3, 2014. More information will be made available as the show date approaches. However, the show will combine the unique features…

NEW YEAR GOALS FOR SMALL BUSINESS OWNERS GOALS: 1._____________________________________________________ 2._____________________________________________________ 3._____________________________________________________ Happy New Year and I hope 2014 has been off to phenomenal start for everyone of you! With each new year comes a new set of goals. As humans, we’re constantly aspiring to improve ourselves, whether it’s wanting to lose weight, exercise more, get…

Set up your business entity before year’s end and make sure you have the BEST ASSET PROTECTION available for your business and personal assets. Get organized and utilize business deductions to lower your taxable income. Having a good business attorney  and a good accountant on retainer, working hand in hand, are two steps you can take to be…

Generally speaking, if a principal is still living and capable of managing their own affairs their relatives cannot change the POA. However, if the person becomes incapacitated a General POA is extinguished and the relatives can petition for a guardianship of the person. If there is a Durable POA in effect it remains in effect even after the…

This short expose briefly focuses on different types of business entities and gives some insight as to which one might be better suited to general goals and situations. You should always consult with a business lawyer who can than better fashion the entity that is right for your particular business. Professional Corporation, known as PCs,…

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