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2309, 2019

PAGA Is Now a Four Letter Word to Employers

By |September 23rd, 2019|Categories: The Advisor|Comments Off on PAGA Is Now a Four Letter Word to Employers

September 2019 “PAGA” is the acronym for California’s fifteen-year-old Private Attorneys General Act. This Act allows an individual, on behalf of himself and other employees, to recover civil penalties for alleged Labor Code violations. It added new civil penalties for all such violations, even if certain Labor Code provisions did not previously authorize civil penalties. PAGA began as a little used remedy in litigation, often just added as a throw-away claim among other more lucrative theories of recovery pursued by plaintiff lawyers.  Unfortunately, recent appellate case law has converted it to the latest tool for extortion by lawyers representing employees. [...]

1007, 2019

FIVE COMMON LEGAL MISTAKES MADE BY STARTUPS

By |July 10th, 2019|Categories: The Advisor|Comments Off on FIVE COMMON LEGAL MISTAKES MADE BY STARTUPS

June, 2019   When starting a business, it’s easy for owners to make legal mistakes that can prove costly down the road.  Avoiding these missteps will keep your new venture on the path to prosperity. 1.Over-complicating the Formation. Don’t try to structure your business to accommodate every future contingency.  Instead, design the business to address what you expect will work best for you at startup and in the near future.  Too often, entrepreneurs waste precious resources assuming they need to be ready to “go public” before they’ve even begun operations.  Others overcomplicate things based on what they think some theoretical [...]

1007, 2019

Residential Leases – An Owner’s Guide

By |July 10th, 2019|Categories: The Advisor, Uncategorized|Comments Off on Residential Leases – An Owner’s Guide

May 2019   Perhaps you’ve invested in an apartment building as a source of retirement income.  Maybe you inherited a second home from a relative, and are debating whether renting the property is worth the trouble.  No matter the size of your property, or the specifics of your goals or circumstances, the most important thing you can do to protect your investment is to codify an agreement with your tenants by means of a well-crafted (and legally enforceable!) written lease.  This is your initial guide: What Is a Residential Lease? A lease is a contract, like any other; albeit one [...]

104, 2019

Simplify Your Estate Planning Trust

By |April 1st, 2019|Categories: Estate and Tax Planning, The Advisor, Uncategorized|Comments Off on Simplify Your Estate Planning Trust

March 2019 The Tax Cuts and Jobs Act of 2017 raised the federal gift and estate tax exemption substantially. The Unified Gift and Estate Tax Exemption is now $11,400,000.00 per person for 2019 (for a total of $22,800,000.00 when combined for a married couple). This means that most revocable trusts accomplished before 2018 are antiquated and should be revised.             Pre-2018 Trust. Trusts before 2018 (1) typically provide for the separation of the initial trust’s assets and liabilities upon the first spouse to pass. Two trusts, sometimes commonly known as A-B trusts or Bypass and [...]

1202, 2019

What is the California Consumer Privacy Act of 2018?

By |February 12th, 2019|Categories: Business, Corporate and Venture, The Advisor|Comments Off on What is the California Consumer Privacy Act of 2018?

Following the lead of the European Union, last year the California legislature passed the California Consumer Privacy Act of 2018 (the “CCPA”).  It grants consumers more control over, and insight into, the spread of their personal information online.  Although the CCPA will not become effective until January 1, 2020, steps should be taken now to implement its requirements. Among other things, the CCPA: Grants a consumer the right to request a business to disclose personal information (information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer [...]

1101, 2019

Avoiding Personal Liability and Limiting Taxes: Business Entities after the 2017 Tax Act

By |January 11th, 2019|Categories: Business, Corporate and Venture, Estate and Tax Planning, The Advisor|Comments Off on Avoiding Personal Liability and Limiting Taxes: Business Entities after the 2017 Tax Act

Business activities, no matter how small, come with risk as well as tax liabilities, both of which can be reduced by operating through a legal entity --- a limited liability company or corporation. The Federal corporate tax rate for C Corporations[1] has plunged, down to 21%; a 20% qualified business income deduction applies to limited liability companies (LLC) and S Corporations. If you have not done so already, now is the time to determine the appropriate entity to limit your risk and legally avoid taxes. Risk avoidance. Business activities involve risk as our society has placed the burden of damages [...]