by Yasaman Sharif || 31 July 2020 ||
In our office, we spend much of our time assisting our clients with what is commonly known as “business law.” The term “business law” is a broad term which is commonly used by the public, but is not a defined term under California law. This post will help explain what we usually think of when we say “business law.” At Sharif | Faust, when we speak to clients about their “business law” issues, our conversation often includes discussion of one or more of the following topics: (1) Business Entities; (2) Business Torts (3) Intellectual Property; and (4) Contracts. To some extent, these four topics are related and intertwined. In this post, I will provide you with a brief explanation of these four topics. We will discuss them more extensively in our future posts.
Business Entities
If you are planning to start a new business in California, you may wonder what type of business entity you should form. You may also be concerned about potential tax consequences, personal liability, or required filings and fees, associated with forming a business entity. In fact, when it comes to forming a business entity in California, there are several options that you have. Each option has its own advantages and disadvantages that may make them attractive or unattractive to you based on your particular situation and needs.
We will soon be posting more information about business entities.
Business Torts
In general, “torts” means any acts by a person that causes damages, injuries, or harm to another person. Business torts generally refers to acts that are not within the privilege of fair competition encouraged by our laws and public policies, and causing financial harm to a business. This becomes relevant when as a business owner you are concerned that your business is, or has been, harmed due to wrongful acts of other person(s).
To learn more, please see our blog post on business torts.
Intellectual Property
Intellectual Property laws exist to encourage artists, inventors, and other creators to make new art, technology, or other creations. The rest of us benefit from these creations. In return, we give these individuals the ability to profit from their work directly, without interference from others for a certain amount of time. The rights these creators receive is akin to a monopoly. These types of works include trademarks, copyrights, patents, trade secrets, and much more. Then, once the time expires, the works go into the “public domain” and anybody can use them.
To learn more, you should check our blog post on intellectual property.
Contracts
The term “contract” is a familiar term to most of us, and we each have seen and/or signed at least a couple of contracts in our lives. For instance, when leasing or purchasing a car, you have entered into lease or purchasing agreements. When leasing a new place as a tenant, or leasing your place to future tenants, you have signed lease agreements. You may also have signed employment or contractor agreements when securing a new job. You may have entered into contracts when investing in a business entity. These are only a few common types of contracts. But a contract can be used in almost every aspect of life. In general terms, a contract is an agreement between different parties to do or not to do a certain thing. Contracts can be written, oral, or implied. But when a contract is well written and drafted it becomes easier to ascertain what was agreed between the parties if they ever have any disputes.
We will soon be posting more information about contracts.
More Questions?
In future posts we’ll discuss this further. If you have questions beforehand though, please check out the rest of our blog for more information. The content of this blog is provided for informational purposes only, and we are not offering any legal opinions. If you wish to consult with Sharif | Faust, please contact us to set up a consultation. This blog does not create an attorney-client relationship with Sharif | Faust. To retain Sharif | Faust, you must sign a written attorney-client agreement. Remember, the results in any case depend upon the specific facts in that case. It is important that you consult with a lawyer you trust. By reading this blog, you agree to our Terms of Use.