Business Law Articles

Learn and discover the latest useful business law articles for practical information, DIY, and ideas from a network of leading business and corporate lawyers.

Learn more about: Business | Corporate | Employment

Usurping a Corporate Opportunity

When a corporate director or officer is present with a business opportunity related to or the same as the corporation's business, they cannot engage in that business opportunity for their personal benefit.

Quantum Meruit California

In contract law, quantum meruit refers to circumstances where there is no actual contract, but the law implies a promise to pay for services rendered that were not free.

What is Material Breach?

In contract law, a material breach occurs when a party fails to perform the core of the contract's terms, which defeats the purpose of entering into the contract.

What is constructive fraud?

Constructive fraud occurs when a person with a legal duty to a beneficiary breaches that duty by any act, omission, or concealment which results in damages to the beneficiary, even though the conduct is not otherwise fraudulent.

What is the Partnership Agreement?

A partnership agreement is a contract between two or more people that dictates specific business practices and how a business will operate.

Types of Partnership in Business

The three types of partnerships are general partnership, limited partnership, and limited liability partnership.

Patent Biotechnology

What is the Bane Act?

The Bane Act provides liability for coercion, intimidation, threats, and attempts to interfere with a person's civil rights. Any person who had his civil rights violated can bring a lawsuit for damages against someone who violated the Bane Act.

Learn Tricks Lawyers Use in Depositions

Litigation attorneys use tricks in a deposition to obstruct fact finding and confuse witnesses. Learn how to identify tricky questions.

What are the benefits of incorporating a business?

The benefits of a corporation include easy access to raising capital for a new business and personal liability protection. A primary advantage of a corporation is that it protects investors from the liabilities of a company.

California EIN Number

California EIN number is a nine-digit ID unique to your company that functions like a Federal EIN or Employer Identification Number, identifying your company to the State of California.

Can Two Businesses Have the Same Name?

If another company registered its business name as a trademark, using the same business name is illegal. If another company registered its business name as an entity, you may not use the same business name.

Why Do Companies Incorporate in Delaware?

Delaware corporate laws offer companies legal and liability protection that is more protective to businesses than in other states. Companies incorporate in Delaware because of its corporate-friendly environment, which offers numerous benefits regarding legal protection for companies and tax liability.

Advantages of Competition in Business

The advantages of competition in business leads to innovation, high quality of goods and services, greater variety, and lower prices. A competitive market is a market structure where competition between various companies is at its highest.

Sherman Act

The Sherman Anti-trust Act of 1890 was the first prohibits outlaws "every contract, combination, or conspiracy in restraint of trade," and any "monopolization, attempted monopolization, or conspiracy or combination to monopolize."

Rights and Liabilities of LLC Members

All members have the right to obtain any information relating to the LLC. LLC members are not liable for an LLC's debts or obligations. LLC members do not own the property of the LLC, and they may or may not manage the business and its affairs.

What is a Competing Company?

In business, a competitor is another business who can offer same or similar services or goods to your customers. For example, Pepsi and Coke are in contest between organizations that provide similar products or services or that target the same audience.

California Statute of Frauds (Civil Code section 1624 & CCP section 1971)

The Statute of Frauds in California are laws under Civil Code sections 1971 and 1624 that require that certain types of contracts be written and signed by all parties.

What is general counsel?

A general counsel is the chief in-house lawyer for a company or government agency. A general counsel is a company's main attorney and primary source of legal advice.

Breach of Fiduciary Duty California

A fiduciary is a professional person who owes a legal and ethical responsibility to another person. Examples of people with fiduciary duties are lawyers, financial advisors, corporate officers, corporate directors, etc. A breach of fiduciary duty occurs when the professional person fails to do what was legally and ethically required of them.

How to Open a Restaurant in California

In California, the first step of opening a restaurant is registering your business with the secretary of state. Then, you obtain city permits and licenses for the business.

Prejudgment Interest in California

Prejudgment interest is the amount of interest the law provides to a plaintiff to compensate for the loss of the ability to use the funds. In California, prejudgment interest is also recoverable on tort damages and contract damages.

Equitable Estoppel California

The doctrine of equitable estoppel prevents a party in a civil lawsuit from making a legal claim or asserting a defense which is contrary to, or inconsistent with, prior statements or conduct.

When are shareholders entitled to shareholder distributions?

A shareholder distribution is a company's payment of money, products, or cash to its shareholders. A shareholder distribution is a way to take money or property from your business. A shareholder distribution is generally taxed as a dividend to the shareholder.