2014 4 Jun

Anyone who has been involved in litigation knows that the time between the filing of a complaint and the conclusion of the case is often far longer than seems necessary to the non-lawyer. Many, if not most, lawsuits filed in California, whether they conclude with a settlement or a trial, can take years to reach a final resolution. The slow turning of the wheels of justice is a source of understandable frustration for clients, especially for those with cases that appear relatively simple and straightforward. There are many reasons why the process of litigating a dispute takes so long. Those reasons include everything from a court’s crowded docket, the limited number of available judges, and recent budgetary constraints, to pre-trial challenges regarding the sufficiency of the complaint or the validity of the cause of action, legal...

2014 4 Jun

Limited Liability Companies are rapidly becoming the preferred entity in California due to their flexible management structure and effective liability protection. California’s Revised Uniform Limited Liability Company Act, which became effective on January 1, 2014, made some significant changes to California LLC law.  As I discussed here, these revisions should motivate LLC managers and members to revisit and possibly amend their existing operating agreements to ensure that the new law does not inadvertently change the management structure, or the rights and obligations of the members and managers, from what was originally intended by the parties. One thing that the new Act did not do was add a requirement that LLC operating agreements must be in writing to be enforceable. Under the new Act, as with the old law, an LLC operating agreement may be written or...

2014 4 Jun

California recently enacted changes to its laws governing limited liability companies (LLCs) which should cause LLC owners to dust off their operating agreements and consult with their attorneys to ensure that new provisions do not inadvertently and unknowingly alter the members’ relationships and obligations. The new law, which took effect January 1, 2014, applies to all California LLCs, including ones formed before that date, and governs every act taken by a California LLC or its members on or after that date. Like the old LLC law, the revised law provides LLCs with certain default rules to be applied in disputes when the entity’s operating agreement is silent on the subject. To the extent that parties relied on the default rules when drafting their operating agreements, this can lead to unwanted surprises down the road. Some of the...

2014 4 Jun

Of all of the amazing changes and conveniences that the Internet Age has brought us, one of the more powerful and pervasive is what has been called the “democratization of information.” Just as with the invention of the printing press and the spread of literacy, the Internet has put information and knowledge that used to be either hard to obtain or was the exclusive province of the highly educated in the hands of anyone with a computer, tablet, or even a smartphone. Knowledge, information, and opinions about legal issues are not immune to this phenomenon. When you have a question about a particular legal matter or want learn more about a particular issue, I would be surprised if, at some point, you didn’t do a Google search to see what you could find out online. If...

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