Difference Between Partnership & LLC Member Duties Until this year, California law applied partnership duties to LLC members. Effective January 1, 2014, Corporations Code section 17704.09 expressly defined the duties owed by LLC members to each other. Section 17704.09 provides that the fiduciary duties owed by LLC members
Pay Child Support After Quitting A Job? So, you’re working hard to support your family, and you depend on your ex-spouse to provide support to help with your children’s expenses. Most parents are happy to provide a fair amount of child support; they want what’s best for their children. Sometimes, however,
Lying in Court, an Opportunity Few things are more frustrating, at least in the litigation arena, than when your adversary lies in court. As a lawyer, I see it all of the time. For the most part, I’m immune from the emotional reaction my clients feel. Instead, every time I catch an adverse witness lying, I see it as an …
The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted in 1970. This statute, part of the Organized Crime Control Act of 1970, is designed to prevent and punish “racketeering activity.” RICO was aimed at mobsters and organized criminals. However, I’ve used the RICO statutes very effectively in lawsuits involving fraud by business people.
Imagine a corporation with three shareholders – or 10 – where a single shareholder owns a majority interest and can basically make all of the decisions for the corporation. What does a minority shareholder do when the majority shareholder takes advantage of his power
I have defended and prosecuted dozens of cases against insurance agents and brokers. Interestingly, the law in California is unsettled as to whether an insurance broker owes its clients a fiduciary duty. Nonetheless, in my view, an insurance broker undoubtedly does, in fact, owe fiduciary duties to her client.
Are Oral Agreements Legal? Business people commonly make deals based on a handshake. After all, who needs more than “my word is my bond” to trust that the other guy intends to honor his promise? Handshake deals are even more common between good friends or relatives. Sometimes, maybe even the majority of times, these informal arrangements work out just fine …
Roseville Attorney, Jeffrey Ochrach, answers the question, What is Vicarious Liabilty? Under California law and the law of most states, a company is liable for the wrongs of its employees that were committed within the scope of his employment. This is called vicarious liability. So, for example, if an employee is driving to pick up supplies
Suing a Small Corporation for Injuries or Breach of Contract Very often, I have cases where we sue a small corporation for injuries or breach of contract, and after we win a large judgment, the owner(s) close down the business so we can’t collect on the judgment. That’s very frustrating. But, I’ve found some satisfying success collecting on these judgments …
Maybe it’s the bad economy… Or maybe I’ve just hit a patch of cases against really unscrupulous adversaries. But, in the last six months, I’ve handled two very similar cases in which the other side refused to produce their business records to us during litigation. As anyone who has been a litigant knows, the law allows parties