What to Look for in a Business Attorney

Every business owner needs a reliable business lawyer. You have seen the articles – including our own – outlining what to look for in a business attorney. Experience, expertise, communication, professionalism, and availability are absolute musts. But what if you’re considering several different attorneys who all appear to have the foundational traits? Let us help you drill down a little further to find the right match in a business lawyer.

1. Honesty

When we allude to honesty in a business lawyer, we’re not talking about simply telling the truth. That should be a given. What you really need is someone who is going to be 100 percent direct with every message they deliver. Many attorneys will sugarcoat or even hold back details that a client might find alarming or worrisome. This is a disservice, because as a businessperson, you need to have all the necessary information to protect and defend your business, whether it’s what you want to hear or not. We won’t steer you toward brutal honesty; you don’t want someone who’s downright mean. Let’s call it unfiltered information sharing.

2. Growth

The goal in business is to grow and thrive. Ideally, your business lawyer will exhibit and exemplify growth in their own practice. If a lawyer has been running a one-person practice for decades, it could be a sign that they have not experienced for themselves many facets of business law in which you might be asking them for advice. For business and law firm founder, Tina Gehres, one of the most rewarding aspects of owning a practice has been growing Gehres Law Group, P.C. into a team of San Diego business attorneys serving companies of all sizes in a variety of industries.

3. Efficiency

In order for an attorney to be able to provide affordable legal services, they must have processes in place for every step of their counsel. For example, in business litigation, the attorneys at Gehres Law Group, P.C. typically invest more time upfront identifying potential risks and challenges than most business attorneys. We do this because we know that it will help us develop a complete strategy and avoid potential pitfalls that could otherwise lead to additional legal fees or worse, compromising a client’s interests.

Contrary to popular belief, high-demand lawyers are not looking to rack up unproductive hours billed to clients. Instead, they seek solutions that allow them to provide the services clients need without any wasted motion or excess fees. The more streamlined an attorney’s practice is, the more affordable they can keep their fees, the more likely their clients will return and refer others to them, and the more clients they can serve overall. It’s a winning formula for everyone.

4. Specificity

Experience is a prerequisite in law. Yes, you certainly want someone who has a track record of success. What you also want, however, is an attorney who possesses experience that fits your specific needs. Business owners in the e-commerce, real estate, and professional services industries should know that we have worked with many clients who require similar services and knowledge. We understand that companies who utilize e-commerce as part of their business model, for instance, often need impenetrable trademark and copyright protections in place. This is because of the vast exposure e-commerce provides and the inevitable bad actors who will attempt to steal the profitable ideas of others.

With that said, if you can’t find a business attorney with deep expertise in your industry, that is no reason to pass on someone you believe will take the time to adapt. You can recognize a lawyer of this caliber even in an initial consultation. They will ask questions surrounding your business challenges, terminology, experiences, and industry standards.

5. Versatility

Business law is complex and wide-ranging. If you had to hire a new attorney for every need that might arise, your contacts list could grow by the day. In the same way you rely on your accountant to manage all of your finances, you should be able to pick up the phone and call your business lawyer for consultancy on corporate law, contract law, trademarks and copyrights, employment law and, if necessary, business litigation.

Gehres Law Group, P.C. specializes in all of the above, including the many areas within each practice. For example, employment law alone encompasses wage and hour laws, workers’ compensation, unemployment compensation, disability insurance, anti-discrimination laws and much more. Contract law, meanwhile, spans indemnity, operating agreements, licensing, royalties, franchising, joint venture agreements, employment agreements and virtually every other type of contract a business might need written, reviewed and enforced. We have the knowledge and experience to provide comprehensive representation with the highest integrity. Review our attorney bios here.

Credentials aside, Ms. Gehres and her team will work tirelessly to protect your interests and provide timely access to reliable legal counsel for your business. Contact us today to learn more. Your first consultation is free.

The post What to Look for in a Business Attorney appeared first on Gehres Law Group.

from Gehres Law Group https://ift.tt/2qEH8Lh
via IFTTT

What is Mediation?

When two parties are in a dispute, it is typically wise for them to consider alternative dispute resolution (ADR) prior to or pending litigation. Mediation is a form of ADR in which a neutral third party—usually a trained mediation attorney or retired judge—meets with the disagreeing parties to assist in reaching a settlement. In business, mediation is often the ideal solution for disputes involving employment, breach of contract cases, various transactional matters, workers’ compensation claims, ownership disputes, buyouts, and many other situations that are not overly complex. Read on to learn about the process and advantages of mediation.

 

How Mediation Works

It’s important to understand that a mediator does not make a binding decision like an arbitrator or judge. Instead, their role is to help guide both parties to a resolution they can both live with and amicably fulfill, with assistance from the necessary legal professionals if necessary. Many people equate mediation to simply “talking it out,” but the process is actually quite defined and deliberate.

Mediation usually begins with opening statements from the mediator and then from the disputants, or their attorneys, in a neutral, mutually agreed upon location. The disputants are given the opportunity to share their respective sides of the story with the mediator and recommend resolutions they might deem to be fair, often in person but also in the form of a mediation brief which is supplied to the mediator prior to a scheduled mediation date. Typically, all parties are in the same room while these statements take place, but the mediator may choose instead to keep the parties in separate rooms if there is a history of animosity between the parties.

After opening statements have been completed, the mediator usually facilitates a joint discussion to identify and address the key challenges. Then, each disputant is provided a private meeting with the mediator before another joint discussion. Ideally, a written agreement is then reached, and the parties can obtain closure upon executing the agreement. However, the process can repeat if needed, negotiations may continue, or the mediator may recommend other options for resolution, such as arbitration. If mediation and arbitration do not successfully settle the dispute, formal litigation may be required.

 

Deciding Whether Mediation is Right for Your Business

Mediation is most commonly used in civil cases, such as divorce or non-criminal disputes. However, there are also many business disputes that can often be settled with mediation, such as conflicts with customers, employees, vendors, competitors, or even among business partners. The key requirement for mediation in any dispute, of course, is that both disputants must be on stable enough terms and able to communicate rationally for the process to have any hope of reaching a resolution. In other words, if there have been repeated threats of violence, emotional outbursts, or other conduct suggesting the parties would be unable to mutually agree on anything, then mediation may not be productive.

Mediation is generally much faster and more cost-effective than hiring a lawyer to seek a settlement and/or proceed with litigation. Even if the mediation process goes through several rounds of joint negotiations, these meetings do not take near the time a lawyer would spend preparing a case for court hearings and a trial. The San Diego business attorneys at Gehres Law Group, P.C. often represent parties in mediation and also act as mediators in business-related matters. Our mediation attorneys will schedule a mediation date once each party makes a deposit reflecting their intention to proceed with mediation. If the mediation goes beyond the deposited number of hours, the additional time is billed to the parties in quarter hour increments.

In addition to time and cost savings, mediation can also help mend the relationship between disputants through direct and confidential conflict resolution. In business mediation, it’s not unheard of for disputants to completely resolve their conflict and continue working together since mediation brings the parties together, rather than encouraging them to fight, as is the case with the litigation process in general.

 

Preparing for Mediation

Once you have decided to enter mediation, you might find yourself anxious or nervous for the first meeting. You can diffuse the nerves—and the emotions—by taking a few simple steps to prepare:

• Remind yourself that your reason for choosing mediation is to solve the conflict, and commit to providing a productive statement.
• Organize any necessary documentation to support your statement.
• Be direct and concise with what you are looking for in a resolution.
• Make an honest attempt to understand the other party’s grievances.
• Envision the other party’s potential claims or responses, and compose answers to them beforehand.
• List your main talking points separately from the rest of your notes and materials.

 

Writing Mediation into Contracts

Adding a mediation clause to your contracts can help to prevent lawsuits against your business. At the very least, a mediation clause should outline how a mediator will be chosen and how the costs of mediation will be covered. The clearer the terms are, the less room there will be for future disputes regarding the process itself. Learn more about developing an effective mediation or arbitration clause in this article.

 

Choosing a Mediation Attorney

A mediator is typically trained in conflict resolution and negotiation, however, the level of skill and aptitude can vary greatly. The State of California does not have strict training requirements for mediators, allowing professionals from different fields to simply complete a recommended 40-hour program and begin seeking mediation opportunities. Because of the loose training requirements, many people in need of mediation seek an experienced mediation attorney with a good track record to ensure they are getting the best expertise and service.

With many years of experience as mediation attorneys in San Diego, Gehres Law Group, P.C. is able to provide affordable, legal-focused dispute resolution for businesses of all types and sizes, as well as representing parties in mediation. If you are considering mediation for a business dispute, call us at 858-964-2314 to speak with a qualified mediation attorney today.

The post What is Mediation? appeared first on Gehres Law Group.

from Gehres Law Group https://ift.tt/2pIcEqX
via IFTTT

CALIFORNIA STATEMENT OF INFORMATION, WHEN TO FILE?

Don’t miss your deadlines for filing a Statement of Information with the California Secretary of State. Below are the required due dates for filing (penalties assessed range from $50 to $250):

90 Day Statement of Information/Change of Corporate Information:

For Domestic Stock, Agricultural Cooperative, Foreign Corporations and Limited Liability Companies, a Statement of Information is due within 90 days after registration with the California Secretary of State, and when ANY information has changed since the last complete Statement of Information was filed. Clients who purchase our VIP Formation Package will have this filing included. For all others, you will need to request a Tailored Flat Fee Package, or ask us to file the 90 day Statement of Information or change of information at our current hourly or flat fee rate.

Annual Filings

Domestic Stock, Agricultural Cooperative Corporations and Foreign Corporations must file a complete Statement of Information every year. The due date depends on the date the corporation was formed.

Every Other Year Filings

Limited Liability Companies and Not-For-Profit Corporations must file a statement of information every other year.

• Filing tip: If the corporation’s Articles of Incorporation were originally filed with the California Secretary of State in an even-numbered year, file statement of information every even-numbered year. If the corporation originally filed Articles of Incorporation with the California Secretary of State in an odd-numbered year, file every odd-numbered year.

Electronic Filing

The required Statement of Information for most corporations can be submitted electronically and is generally processed in one business day. Statements submitted on paper should be directed to the Secretary of State’s office in Sacramento, either by mail or dropped off in person. Statements for limited liability companies and common interest developments must be submitted on paper, by mail or in person (drop off), at this time.

Public Disclosure

Please note that the public can view information and download documents contained in the Secretary of State’s electronic records using digital search tools and information posted on the Secretary of State’s website. Also, please note that individuals and private companies use this public information to create third party access to these records.

For more information, see the California Secretary of State’s website at http://www.sos.ca.gov/business-programs/business-entities/statements/. Penalties for late filed statements of information are $250 against for profit companies and $50 assessed against not-for-profit companies. Contact the business attorneys at Gehres Law Group today to have us handle your statement of information filings.

 

The post CALIFORNIA STATEMENT OF INFORMATION, WHEN TO FILE? appeared first on Gehres Law Group.

from Gehres Law Group http://ift.tt/2I8EUuH
via IFTTT

California Companies Brace for Change in 2018

The San Diego business litigation lawyers at Gehres Law Group, P.C. provide trusted and knowledgeable assistance in understanding your company’s obligations involving both state and federal regulations. The laws in California regularly evolve and businesses can face consequences, including civil liability, if they fail to follow the most current requirements. There are, for example, numerous new regulations going into effect in 2018 and the Pasadena Star-News indicates companies are bracing for big changes.

New Laws Affecting California Companies in 2018

New laws going into effect in 2018 will profoundly impact the rights and obligations of employers and employees. Some of the new rules that will begin being enforced in 2018 or in subsequent years include the following:

• The New Parent Leave Act: Under this newly passed legislation, small companies that have at least 20 employees will now be required to provide unpaid leave for parents to bond with a new child. The leave must be taken within a year of a child being born or adopted or within a year of a foster care child being placed. Employers are required only to provide the leave for the birth or placement of a child, not for any other medical needs of family members.
• Assembly Bill 1008: This new regulation prohibits an employer with at least five employees from making inquiries into an applicant’s criminal history on a job application. Employers are also barred from from considering an applicant’s criminal history at any time until the employer has made a conditional offer of employment, except in limited circumstances such as when a background check for the profession is mandated under local, state, or federal laws.
• Assembly Bill 168: Employers are not permitted by law to ask about a job applicant’s prior salary or job benefits, and employers are not allowed to use salary history as a factor in setting an applicant’s current pay. If a job applicant discloses salary information voluntarily, however, the employer is permitted to use that information. This law is aimed at combatting alleged wage discrimination whereby women are paid less than men for similar work.
• The Immigrant Worker Protection Act: This law protects undocumented workers from immigration enforcement while they are working. Under the law, employers aren’t permitted to reverify whether current employees remain eligible to work.
• SB 396: This law requires that any employer who provides a mandatory training course must include in the course a discussion of harassment or discrimination based on sexual orientation, gender expression or gender identity.
• SB 295: This law establishes new requirements for sexual harassment prevention training and requires the training be conducted in a language spoken by the workers who are receiving the training.

This is just a small sample of the laws expected to go into effect in 2018. It is critical to speak with your San Diego business litigation lawyer for assistance complying with these changes in rules and regulations that could affect your rights or obligation as a business owner.

Contact a San Diego Business Litigation Lawyer

Gehres Law Group, P.C. represents small to medium-sized companies in California who need assistance ensuring labor laws are followed and who need assistance responding to violation claims. To find out more about how a San Diego business litigation lawyer at our firm can help you, give us a call at 858-964-2314 or contact us online today for your complimentary consultation.

The post California Companies Brace for Change in 2018 appeared first on Gehres Law Group.

from Gehres Law Group http://ift.tt/2rwk6ZJ
via IFTTT

Restrictions on Employers Limiting PAGA Claims With Arbitration Agreements

The employment litigation attorneys at Gehres Law Group, P.C. represent California owners and their businesses in defending their rights in court, through mediation or arbitration. Under certain circumstances, the Labor Code Private Attorneys General Act (PAGA) provides employees with another tool to assert claims against California employers, making it imperative that these businesses understand how PAGA works, and how they can thwart such claims. 

Julian v. Glenair Addresses Arbitration Clauses and PAGA Cases

The Labor Code Private Attorneys General Act (PAGA) provides authorization for aggrieved workers to file civil lawsuits. Civil lawsuits under PAGA allow the worker who files the suit to recover civil penalties both on his or her own behalf, or on behalf of other employees, and the state of California. Employees may recover a portion of these penalties for themselves if an employer has been found to have violated the labor code.

There are very specific requirements as to when a PAGA claim has ripened, allowing employees to assert such a claim against their employer or former employer. There are filing fees, rules for providing notice to opposing parties, and other conditions that must be met in order for a plaintiff seeking to recover civil penalties under PAGA to prevail.

However, employers have been increasingly limited in their ability to preclude employees from asserting PAGA claims through the use of arbitration agreements, as illustrated by a recent case, Julian v. Glenair.  There, the California Court of Appeals addressed the issue of arbitration agreements as a mechanism to limit the use of a judicial forum for PAGA claims.

The Julian v. Glenair case involved employees who brought claims against an employer for violations of the Labor Code, and for violations of the unfair competition act. The employees sought to make a PAGA claim for civil penalties in connection with the employer’s alleged violations. However, while the suit was pending, the employer attempted to short circuit the employees’ ability to pursue such claims, or at least to minimize the company’s exposure to liability and damages, by requiring the employees enter into a new employment agreement. More specifically, the new agreement included language indicating that continued employment with the company would constitute consent to mandatory arbitration of any employee claims. The proposed agreement stipulated that employees could no longer utilize the courts, but must submit to arbitration on a wide range of claims, including claims related to wages, rest breaks, meal periods, and all violations of federal, state, and local laws and regulations. The arbitration provision specified that the Federal Arbitration Act would govern the agreement and should, to the fullest extent permitted, preempt state laws.

The arbitration language also stressed that it was voluntary and employees could opt out. While most employees who had claims pending against the employer did opt out, two employees did not. Meanwhile, the employer continued trying to force the plaintiffs into arbitration through the pending court proceedings until the case made it to the Second Appellate District Court of Appeals for California.

While pre-dispute waivers of PAGA rights have previously been invalided in California, the Appellate court found there was no existing authority clearly determining the enforceability of a post-dispute waiver of the right to assert a PAGA claim in court. The Court utilized a two factors in determining the boundary between a permissible post-dispute waiver and an unenforceable one: a) the capacity of the employee to make a “knowing and voluntary” choice on whether to waive the right to bring a claim in a judicial forum given sufficient knowledge of the law, and b) the absence of public policy considerations.

The court reviewed past legal precedent finding that a person who acts in two legal capacities (e.g. in their individual capacity and on behalf of the state) in executing a pre-dispute agreement in one of those capacities (as an individual), does not effectively waive the rights that may exist in their other capacity (as an agent for the state). An arbitration agreement signed by an employee who has authority to commence a PAGA action which has not yet ripened does not, therefore, extend to PAGA actions because the employee isn’t the one authorized to bring the PAGA action – the state retains the control of the right to bring the underlying PAGA claim and the employee acts as an agent of the state. A pre-dispute arbitration agreement thus would not be effective in requiring the employee to arbitrate PAGA claims, even though it would typically be effective in requiring arbitration of individual claims.

The Court in Glenair further held that an individual employee may not waive their right to pursue a PAGA claim through the state courts even on a post-dispute basis if the employee was not represented by counsel, which would be necessary to reveal a “knowing and voluntarily” waiver of the employee’s rights. This analysis is required as to each employee, since the statute permits similar actions by employees against the same employer, and more than one employee can act as the state’s agent to assert PAGA claims for other employees (who may have waived their right to pursue their rights in court).

Therefore, in light of the holding in Glenair, even post-dispute arbitration agreement may be unenforceable with regard to PAGA claims if the affected employee has not retained counsel or if there is a clear public policy involved.

Getting Help from An Employment Litigation Attorney

If you or your business is being threatened with claims based on California Labor Code violations, including PAGA claims, contact the litigation lawyers at Gehres Law Group, P.C. for help. Give us a call at 858-964-2314 or contact us online to schedule a complimentary consultation with one of our knowledgeable employment litigation attorneys.

The post Restrictions on Employers Limiting PAGA Claims With Arbitration Agreements appeared first on Gehres Law Group.

from Gehres Law Group http://ift.tt/2ETu9Ke
via IFTTT

Will California’s Business Tax Incentive Program End?

A San Diego business litigation attorney at Gehres Law Group, P.C. can provide assistance to companies in understanding their rights and obligations under current laws in California and can help companies navigate the court system to enforce their rights. 

The law regularly evolves in California, and companies should ensure they have an experienced, knowledgeable legal professional to assist them in operating within the current regulatory framework.

One potential change companies may need to address in the future, for example, is the end of California’s business tax incentive program.

Will California’s Business Tax Incentive Program End?

For four years, California has had a program in place called California Competes. The program’s purpose is to incentivize business organizations to move to the state or to remain within the state. The program works by providing tax credits to eligible organizations. It has been a very expensive program, awarding companies with close to $800 million in tax credits.

However, the Los Angeles Times indicates that the future of the program is in question. The program was scheduled to end next year and the nonpartisan Legislative Analyst’s Office has now released a new report indicating that the program should not be continued. The report from the Analyst’s office suggests that the state should instead provide broad-based tax relief instead of giving specific tax incentives to businesses that participate in this program.

The legislative analysis determined that in excess of one-third of the total credits that were made available through the California Competes Program did not produce any demonstrable change to the overall economic conditions of the state, and thus continuing the tax credits could not be justified by providing value to the state’s economy. The analysis also determined that awarding the substantial tax credits created a competitive disadvantage for existing businesses within the state of California who were not eligible for the tax relief that California Competes provides.

The Legislative Analyst’s office was not able to assess the value of the remaining nearly 2/3 of the tax credits that were awarded as part of California Competes because the analysts were unable to make a determination regarding how the businesses who received the credits would have reacted if they had not received the tax breaks.

The Legislative Analyst’s office was able to use the data they collected to make a recommendation regarding California Competes overall though. They indicated that the program should be allowed to end in 2018 on its scheduled expiration data. The office suggested that instead of continuing the program, the state should consider lowering overall business taxes for all organizations. They also recommended that if lawmakers do intend to extend the existing California Competes program, they should narrow the program to focus more specifically on providing tax incentives to attract and retain high-value companies.

Getting Help from a San Diego Business Litigation Attorney

The San Diego business lawyers and business litigation attorneys at Gehres Law Group advise California companies on legal developments that affect their operations or their legal rights, and represent small to medium-sized businesses and their owners in utilizing the state and federal justice systems to advance and protect client interests.

To find out more about how Gehres Law Group, P.C. can assist you with understanding California’s current laws and with asserting your company’s rights in court, give us a call at 858-964-2314 or contact us online today.

The post Will California’s Business Tax Incentive Program End? appeared first on Gehres Law Group.

from Gehres Law Group http://ift.tt/2FJoVC6
via IFTTT

The Economics of Paid Parental Leave

The employment litigation lawyers at Gehres Law Group, P.C. provide representation to companies and individuals in connection with alleged violations of labor law. California has some of the most stringent laws aimed at protecting workers, including laws related to employee family leave. 

Recently, Scientific America published a report on the economics of paid parental leave. According to the report, California’s paid parental leave policies demonstrate that offering paid leave can provide businesses with financial savings.

Paid Family Leave Can Save Companies Money

California passed the first comprehensive Paid Family Leave (PFL) program in the United States back in 2002. Because there are no federal laws guaranteeing paid leave, California’s program provided substantial benefit to parents which would not otherwise be mandated by any law.

California’s program provides that workers who add a new biological child, adopted child, or foster child to their family are eligible to receive up to six weeks of partial paid leave. Both fathers and mothers are entitled to this time off and leave can be taken within the first year that a child is born or is placed with the family.

California’s paid leave program for bonding with children is in addition to the medical leave that mothers can receive in order to recover from pregnancy and child birth. Parents are permitted to take the six weeks of leave either continuously or intermittently at any time during the first year of their child’s life.

To ensure that the program is operating effectively, California regularly updates the program in response to data regarding how the program is used.

In 2017, for example, the program offered payments of 55 percent of the earnings that a parent would be making while working, up to a maximum payment of $987 weekly. For 2018, the wage replacement rates increased to 60 percent of wages for most taxpayers. Employees with low wages that are close to the minimum wage will be entitled to receive 70 percent of their customary weekly wage during their six weeks of leave. The change is prompted by the fact that most low wage workers aren’t able to make use of California’s paid leave program as currently operated because they cannot afford to live on 55 percent of their wages.

California’s program has been funded by a payroll tax that is paid by employees, which is indexed to inflation. Employers do not incur any direct costs through the operation of the program and do not incur administrative costs because the program is administered through California’s state disability insurance system.

A survey of employers determined that these paid family leave policies had either a positive impact or no noticeable impact on productivity, turnover, employee performance, or employee morale. Employers did not identify abuses of the program, and small businesses were especially unlikely to report any negative effects. Furthermore, 60 percent of California employers indicated they were able to coordinate their own benefits programs with the state’s program, providing cost-savings for employers.

As Scientific American concluded: “California’s experiment showed that paid family leave generated cost savings for businesses, either due to reduced turnover or because they coordinated their own wage replacement benefits.”

Contact Employment Litigation Lawyers

Employment litigation lawyers at Gehres Law Group, P.C. can provide assistance to companies and employees in addressing legal issues arising in connection with workplace benefits, including paid family leave. Give us a call at 858-964-2314 or contact us online to find out more about the assistance we can offer.

The post The Economics of Paid Parental Leave appeared first on Gehres Law Group.

from Gehres Law Group http://ift.tt/2AQ8DUj
via IFTTT