When you think of filing for bankruptcy, you most likely think of a straightforward process that does not involve any disputes. Often, when people are planning to file bankruptcy, they assume they will file paperwork and get a discharge without having to deal with objections from other interested parties, such as creditors and trustees. Indeed, in most cases, this is the case. However, in some bankruptcy cases, disputes may arise and give rise to litigation. The following are some basics…

Are your Independent Contractors really Contractors? Independent contractors are workers who contract their services to a business. It is often difficult to classify or define whether or not an individual is actually an employee or an independent contractor. Failing to classify a worker correctly could have severe and long-lasting negative implications on an employer, especially if more than one worker is involved. Knowing whether or not your independent contractors are really contractors could help your business avoid serious legal difficulties…

Minimizing The Likelihood and Expense of Employment Litigation It is both a business truth and a legal truth that litigation is expensive.  Lawyers, lost work time, court fees — all of these expenses contribute to the high cost of taking a matter to trial.  Even lesser solutions to conflict resolution, including settlement negotiations and arbitration hearings, can be expensive, time-consuming, and stressful to a business. “An ounce of prevention is worth a pound of cure,” as Benjamin Franklin offered. While this is…

The Importance of Employee Handbooks The employee handbook is an important set of documents that defines the company's vision and mission. Having an employee handbook available increases the chances of hiring an employee who combines the company's core values. The employee handbook compiles the procedures, policies, and work expectations for all employees to adhere to. In many ways, the handbook becomes a defining document for the company as written documentation of the overall goals all company employees should aspire to…

Market Manipulation Defense Strategies Market manipulation is one of several securities-related accusations any corporation or shareholder can face through their investment activities.  Specifically, it is defined as a deliberate attempt to alter the value or price of a security for personal gain.  It can also pertain to similar abuse of products or commodities. The Securities and Exchange Commission (SEC), and other governmental agencies both at the federal and state levels, issue guidelines and laws which govern how investment transactions are to…

My Business is Being Investigated by the Securities and Exchange Commission (SEC), What do I do? The United States Securities and Exchange Commission (SEC) is a powerful body.  It has the authority to investigate suspected violations in business or accounting practices, bankruptcy cases, and business transactions of any kind, involving: Companies Brokerage firms Individuals The agency, drawing on a broad range of business and commerce-related statutes and regulations, can and will investigate and pursue cases against all of…

How To Appeal a Labor Commissioner Decision As an employer, large or small, you likely run into wage disputes with employees from time to time.  An employee may file a claim, for various alleged reasons, with the Division of Labor Standards Enforcement (DLSE, also known as the Labor Commissioner).  Such claims are not uncommon in the workplace.  Whatever the outcome in this initial claim, known as the Order, Decision, or Award (ODA), both parties are allowed to appeal. The Right to…

What to Do About a Contract Dispute There are few things in life more unsettling and rife with hassle than a contract dispute. A contract is an agreement, made between two or more parties or entities, which usually includes an exchange of things of value.  It is intended to serve as legal protection for both sides.  In agreeing to a contract, the rights and duties of both sides are agreed upon.  There are many different types of contracts, and not all…

How the Legal Process Works for Businesses in California Nobody wants to find themselves in a situation where a lawyer is required, but let’s be honest sometimes there is simply no other option. The legal process can be a long and bitter one for all parties involved. However, when that final verdict comes, you either walk away feeling vindicated or victimized. The legal process can be a tricky one. Our attorneys at TencerSherman know this reality very well. So we’re going…

Mixed Minimum Wage/FEHA Claims Attorney Fees California's Fifth Circuit Court of Appeals (CA5) has recently made a decision that will have a huge impact on California business owners. The decision on the Moreno v. Bassi case has given the following awards to the plaintiff: • $16 an hour in unpaid minimum wages • $16 an hour in liquidated damages • Totaling $19,523 under Code of Civil Procedure • $3.20 in attorney fees associated with this case These awards were issued after it was determined that…