Tag: Yasaman Sharif

What is “Business Law”?

Posted by Sharif Faust on July 31, 2020

Yasaman Sharif, Esq.

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.

Custody and Visitation Orders Part III: Legal Custody

Posted by Sharif Faust on May 22, 2020

Yasaman Sharif, Esq.

by Yasaman Sharif || 22 May 2020 ||

This is the third in a series of posts relating to Child Custody and Visitation. In our second post we explored what the term “best interest” means in a court’s order on custody and visitation. Here we will discuss what Legal Custody means. Of course, the content of this blog is provided for informational purposes only, and we are not offering any legal opinions. The results in any case depend upon the specific facts in that case, so it is important that you consult with a lawyer you trust.

Overview

In California, Legal custody deals with parents’ rights and responsibilities to make important decisions for their minor child. These important decisions relate to the child’s health, education, and welfare. Legal custody determines who makes important decisions about which school the child attends. Legal custody also includes the selection of a doctor, dentist, or other health care professional. It also includes the decision of when to begin and end health services.

Sole Custody or Joint Custody

Legal custody may be sole or joint. If a court grants sole legal custody to one parent, that parent is solely suitable to make important life decisions for the minor child. The Court will only grant sole custody if it finds that only one parent is suitable to make the important decisions. But if the court finds that both parents are suitable to make these important decisions for their minor child, the parents will share joint legal custody. In a case of joint legal custody, the parents are required

to consult with each other about the minor child’s health, education, and welfare. The court expects them to make decisions together.

What the Court Considers

In deciding whether legal custody should be sole or joint, a court considers the best interest of the minor child. But if you want to change a “final” custody and visitation order that is already in place, the court will apply a different standard known as “a substantial change of circumstances.” The term “substantial change of circumstances” will be discussed in a later posting.

Custody and Visitation Orders Part II: Best Interest of the Child

Posted by Sharif Faust on May 22, 2020

Yasaman Sharif, Esq.

by Yasaman Sharif || 22 May 2020 ||

This is the second in a series of posts relating to Child Custody and Visitation. In our last post we explored what goes into a court’s orders on custody and visitation. In this post we will explore what the term “best interest” or “best interest of the child” means in these sorts of decisions. Of course, the content of this blog is provided for informational purposes only, and we are not offering any legal opinions.

Overview

A parent who seeks legal custody or physical custody and/or visitation orders in California must file a request for order (“RFO”) with the court. During the initial custody and visitation hearing, the court considers the “best interest” of the minor child. The factors that the court considers in making its decision are:

The health, safety, and welfare of the minor child;
Any history of abuse by one parent against the minor child or against the other parent;
The nature and amount of the minor child’s contact with both parents;
The parent who is more likely to allow the minor child frequent and continuing contact with the other parent.

Best Interest: Health, Safety, and Welfare of the Child

It is the public policy of the state of California to ensure that the health, safety, and welfare of the minor child. This is the court’s primary concern in ruling on an order regarding the custody or visitation of the minor child. It is also public policy of California to ensure that a minor child continues to have frequent and continuing contact with both parents after they have ended their relationship or divorced. The Court will also encourage both parents to continue sharing the rights and responsibilities of the minor child. This means that unlike what some parents may expect, the Court looks at all the circumstances bearing on the best interest of the minor child, and not those concerning the interests of the parents.

When the Standard is Applied

The best interest analysis applies whether you as a parent seek legal custody or physical custody of your child, or you simply seek a visitation plan that would allow you to spend some quality time with your child. After the Court makes its decision, however, the Court will use a different standard when a parent wants to modify the order. In those situations, the standard is known as “a substantial change of circumstances.” This term will be discussed in a later posting.

Child Custody and Visitation Orders: Part I

Posted by Sharif Faust on May 8, 2020

by Yasaman Sharif || 8 May 2020 ||

Are you a California parent seeking custody of your minor child? Do you want to spend more time with them? Are you seeking visitation with your minor child? Are you unsure what all these new legal terms mean or how to ask for them? This is the first of several posts that will help provide some information to these questions. California family courts decide these questions in Custody and Visitation Orders. Over the next several posts we will discuss some of the concepts that go into these decisions.

What are Custody and Visitation Orders

In the California family courts, there are two types of custody: legal custody and physical custody. Early on in the case, the court will decide what is in the “best interest” of the minor child. But, after making certain “final” orders, the court will only change an order if there is a “substantial change of circumstances.” Further, when making custody and visitation orders the court may want to hear from:

an attorney appointed to represent any minor children (known as “minor’s counsel”); or
a qualified psychologist to evaluate family members (known as “730 psychological expert”).

Further, whenever custody or visitation is at issue, the Family Court Services (“FCS”) is assigned by the court to assist. FCS can make a recommendation or help the parents reach an agreement about custody and visitation issues.

Over this series of postings, we will be exploring all of these topics.

More Questions?