Richard Burt Professional Law Corporation

In communicating through a website with a lawyer you are thinking of hiring, you should not provide any confidential information concerning your legal matter until an attorney-client relationship has been formed.

Sending an email to Richard Burt or leaving a voice mail for him or his assistant (and a reply from either) does not create an attorney-client relationship.

No attorney-client relationship will be formed until you and Mr. Burt have agreed that he should represent you, he has determined that there is no conflict with an existing client, you have signed an engagement letter that sets forth the terms of the representation, and, when requested, you have made a fee deposit.

Please note that the initial consultation is solely to determine the nature of your legal matter and to discuss fees. Mr. Burt does not offer free legal advice.

After an attorney-client relationship has been formed, email (and voice mail) may of course be freely used for confidential attorney-client communications.

If we try to call you at a telephone number that you provide to us and are unable to reach you (and your voice mail is full or is not set up), we may text you at that number to let you know that we tried to call you. By sending an email via this website or by calling and leaving a voice-mail message, you consent to receiving such texts. At any time, you may reply STOP to opt-out from further messages.

NOTE: Mr. Burt does not handle litigation of any kind. If you wish to sue someone, are being sued, or need to make a court filing of any kind, Mr. Burt cannot help you. You should not contact him for those services.

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Corporate Law

Out-of-State Business Entity Doing Business in California

12/09/2014

An out-of-state business entity is a corporation or limited liability company formed under the law of another state (say, Delaware or Nevada). An out-of-state entity is often referred to as a “foreign” corporation or as a “foreign” LLC. An out-of-state…

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Assignee of Suspended Corporation Cannot Sue on Assigned Claim

11/01/2013

In Cal-Western Business Services, Inc. v. Corning Capital Group, Inc. (2013) 221 Cal. App. 4th 304, a judgment creditor assigned to Pacific West One Corp. the judgment creditor’s interest in a judgment against Corning Capital. Then, at a time when Pacific West…

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Third-Party Liability for Securities Fraud

07/02/2013

In some cases, a service provider associated with a business, such as an accountant, banker, broker, or lawyer, can be held liable for untruths or omissions made by the business in connection with the sale of stock (or other securities,…

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Supreme Court Decides California Law Does Not Apply to Dissolved Out-of-State Corporation That Did Business in California

02/22/2013

In Greb v. Diamond International Corporation (Feb. 21, 2013), the Supreme Court of California held that Delaware law governs the time for bringing an action in California against a dissolved Delaware corporation. In December 2008, plaintiffs Walter Greb (now deceased)…

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Home State Law Applied to Dissolved Corporation

10/10/2012

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…

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Ex-CFO Allowed to Sue for Defamatory Innuendo in Press Release

10/10/2012

In Hawran v. Hixson (2012), the court allowed a CFO who had resigned from a public company to sue the company and certain directors because the company’s press release implied that he had engaged in misconduct. Sequenom was a publicly…

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California has a new LLC Act

09/24/2012

S.B. 323, the Revised Uniform Limited Liability Act, has been signed by Governor Brown.  It will be effective January 1, 2014.

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Inconsistent Use of Entity Name Proves Costly

09/11/2012

In Montgomery Sansome v. Rezai (March 28, 2012) 204 Cal. App. 4th 786, the court held that a construction contractor’s designation of an entity as a “general partnership” in a fictitious business name statement when the contractor was licensed as…

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Springing Covenant Not to Compete Not Enforceable

09/06/2012

In Fillpoint, LLC v. Maas (2012), a court struck down a covenant not to compete that would take effect only upon termination of employment where the covenant was in addition to a covenant not to compete that was given in…

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Removal of Officer of Delaware Corporation May Be Partly Governed by California Law

06/05/2012

In Lidow v. International Rectifier Corp. (2012) 206 Cal. App. 4th 351, the court held that, notwithstanding the conflict of laws principle known as the internal affairs doctrine, where a foreign corporation is alleged to have removed or constructively discharged…

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