-
-
-
Richard Burt Professional Law Corporation
-
Richard Burt Professional Law Corporation55 S Market St #1500
San Jose, CA 95113
Phone: (408) 286-7333 -
-
Categories
- Alter Ego Liability
- Attorney-Client Matters
- Blue Sky Law
- Bulk Sale
- Business Disputes
- Buy-Sell Agreement
- Commercial Law
- Contract Drafting
- Corporate Law
- Covenant not to compete
- Directors and officers
- Entity Law
- Foreign LLC
- Indemnification
- Limited Liability Comanies (LLC's)
- Limited liability companies (LLC)
- Limited Liability Partnerships
- Limited Partnerships
- Mergers & Acquisitions
- Mergers and Acquisitions
- Minority Shareholders
- Non-competes
- Piercing the Corporate Veil
- Professional Corporations
- Purchase and Sale of a Business
- Qualifying to Do Business
- S corporations
- Securities Law
- Successor liability
- Suspended Entity
- Uncategorized
California Supreme Court Overrules Prendergrass
In Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association (January 14, 2013), the California Supreme Court overruled a precedent of over 75 years’ standing (Bank of America etc. Assn. v. Pendergrass (1935) 4 Cal.2d 258) and held that a … Continue reading
Posted in Business Disputes, Commercial Law, Contract Drafting
Tagged agreement, contract, extrinsic evidence, parol evidence, parol evidence rule, parole evidence, Prendergrass, promissory fraud, written agreement, written contract
Comments Off on California Supreme Court Overrules Prendergrass
Home State Law Applied to Dissolved Corporation
In Robinson v. SSW, Inc. (2012), a California court applied Nebraska law to determine the liability of a dissolved Nebraska corporation for injuries the corporation allegedly caused to a California resident. Douglas G. Robinson died in November 2005 from mesothelioma, a … Continue reading
Posted in Business Disputes, Corporate Law, Entity Law
Tagged choice of law, conflict of laws, conflicts of law, dissolved corporations, internal affairs doctrine
Comments Off on Home State Law Applied to Dissolved Corporation
Minority Shareholder Can Not Bring Claims Against the Corporation’s Counsel
In Reilly v. Greenwald & Hoffman, LLP (2011) 196 Cal. App. 4th 891, the court held that a minority shareholder could not bring a derivative action against the corporation’s outside counsel for misrepresentation, malpractice, or breach of contract. In March … Continue reading
Posted in Attorney-Client Matters, Business Disputes, Minority Shareholders
Tagged breach of contract, breach of fiduciary duty, corporate counsel, derivative action, malpractice
Comments Off on Minority Shareholder Can Not Bring Claims Against the Corporation’s Counsel
A Risk of Making Threats in Disputes
When there is a business dispute, a party sometimes wants to use the maximum leverage possible. Caution should be exercised to make sure that the effort to exercise leverage does not boomerang. One of the common ways that parties seek … Continue reading
Posted in Attorney-Client Matters, Business Disputes, Contract Drafting
Comments Off on A Risk of Making Threats in Disputes
Careful Drafting Pays off in Contracts
Flint Hills Resources, LP v. Jag Energy, Inc., 559 F.3d 373 (5th Cir. 2009) doesn’t establish any particularly important principle of law. Instead it’s being mentioned because it illustrates the value of good drafting. Flint Hills, a refiner of crude … Continue reading
Posted in Business Disputes, Commercial Law, Contract Drafting
Tagged commercial code
Comments Off on Careful Drafting Pays off in Contracts