Fraud Alert — Beware of “Barrister Richard Burt” (it’s not me)

Posted on May 21, 2020 by Richard Burt

I was contacted by someone who had been asked to pay $5,000 for legal services. The person asking for the money was supposedly Barrister Richard Burt. This impostor showed my office address (right down to the suite number) as his … Continue reading →

Posted in Uncategorized | Comments Off on Fraud Alert — Beware of “Barrister Richard Burt” (it’s not me)

Breach of warranty in the sale of goods and the statute of limitations

Posted on May 15, 2020 by Richard Burt

Cardinal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal. App. 4th 116. Holdings Noted The four-year statute of limitations bars warranty claims unless the warranty explicitly extends to future performance of the goods and discovery of the breach … Continue reading →

Posted in Commercial Law | Tagged , , , , , , , , , , , , | Comments Off on Breach of warranty in the sale of goods and the statute of limitations

Out-of-State Partnership Required to File in California because of Pass-Through Income

Posted on March 5, 2020 by Richard Burt

LCP VII Holdings LP was a foreign partnership with interests in entities both inside and outside of the United States, and it had California-source income from pass-through entities. It did not file tax returns in California on the basis it … Continue reading →

Posted in Corporate Law, Entity Law, Foreign LLC, Limited Liability Comanies (LLC's), Limited liability companies (LLC), Limited Partnerships | Tagged , , , , | Comments Off on Out-of-State Partnership Required to File in California because of Pass-Through Income

Richard Burt Selected as a 2019 Top-Rated Lawyer

Posted on July 24, 2019 by Richard Burt

I was informed by the National Law Journal that I was selected as a 2019 Top Rated Lawyer for a special section to be published by it highlighting the West Coast’s Top Rated Lawyers. I would be impressed by my … Continue reading →

Posted in Uncategorized | Comments Off on Richard Burt Selected as a 2019 Top-Rated Lawyer

California Corporations Code Not Applied to Avoid Dissolution of Foreign Entities

Posted on June 7, 2019 by Richard Burt

When an action is brought to dissolve a California limited partnership or a California limited liability company, the California Corporations Code allows the other partners or the other members to avoid the dissolution by purchasing, for cash, the interests owned … Continue reading →

Posted in Business Disputes, Buy-Sell Agreement, Corporate Law, Entity Law, Foreign LLC, Limited Liability Comanies (LLC's), Limited liability companies (LLC), Limited Partnerships | Tagged | Comments Off on California Corporations Code Not Applied to Avoid Dissolution of Foreign Entities

Civil Code Sections relating to General Releases Modified

Posted on February 28, 2019 by Richard Burt

On February 28, 2019, the Corporations Committee of the Business Law Section of the California Lawyers Association published an e-bulletin that I authored. The text of the e-bulletin, as submitted for publication, follows. With SB 1431 (chapter 157, statutes of … Continue reading →

Posted in Business Disputes, Commercial Law, Contract Drafting | Tagged , | Comments Off on Civil Code Sections relating to General Releases Modified

Legislature Expands Shareholder Inspection Rights

Posted on February 27, 2019 by Richard Burt

The Corporations Committee of the Business Law Section of the California Lawyers Association today published an e-bulletin, which I authored. The text follows: The legislature amended Corporations Code § 1601, which grants shareholders the right to inspect and copy corporate … Continue reading →

Posted in Corporate Law, Directors and officers, Minority Shareholders | Tagged , , | Comments Off on Legislature Expands Shareholder Inspection Rights

Bad Corporate Practice Leads to Bad Result

Posted on February 19, 2019 by Richard Burt

I recently had a practice note published in the February 2019 eNews from the Business Law Section of the California Lawyers Association. What follows is the text that was submitted for publication. The Delaware Court of Chancery found that a stockholder … Continue reading →

Posted in Corporate Law, Directors and officers, Mergers & Acquisitions | Tagged , , | Comments Off on Bad Corporate Practice Leads to Bad Result

Delaware Court Upholds Non-Compete against California Employee

Posted on December 10, 2018 by Richard Burt

The following is the text of an e-bulletin that I wrote and that was published by the Corporations Committee of the Business Law Section of the California Lawyers Association. Patrick Miles, a California resident, was first hired in 2001 by … Continue reading →

Posted in Business Disputes, Contract Drafting, Corporate Law, Covenant not to compete, Non-competes | Tagged | Comments Off on Delaware Court Upholds Non-Compete against California Employee

Administrative Dissolution of Corporations and LLCs Adopted in California

Posted on December 10, 2018 by Richard Burt

The following is the text of an e-bulletin that I wrote and that was published by the Corporations Committee of the Business Law Section of the California Lawyers Association. On September 22, 2018, Assembly Bill No. 2503 was signed into … Continue reading →

Posted in Corporate Law, Entity Law, Limited Liability Comanies (LLC's), Limited liability companies (LLC), Suspended Entity | Comments Off on Administrative Dissolution of Corporations and LLCs Adopted in California