Category: Business Law

Every legal business has a name, but how it’s chosen and correctly filed in California can be tricky business. Normally, a Corporate Lawyer in San Diego, like myself, would guide a business owner through the process to ensure it’s done correctly.

Basically, if you choose to name your business as anything other than your own personal name you need to file what’s called a DBA, “Doing Business As. “

As a business law attorney in San Diego, people come to me quite often for advice about how to start a company. Starting a company is an exciting endeavor, but there are a number of things you need to do from a legal perspective to get it off the ground.

Here are the top legal issues you face before starting a company. Some of them are rather critical and may require further guidance from a corporate lawyer.

1. Identify your legal entity.

There are a number of entities out there, including:

• “S” corporations
• “C” corporations
• limited liability partnerships
• general partnerships

The most common entities general entrepreneurs focus on are  “S” corporations, “C” corporations and limited liability companies (LLC) as they provide the best mix of protection against liability and a known body of law around how they function.

How many times have you come across a super sweepstakes or contest and thought, “Is this too good to be true?” Simply enter in some information about yourself for a chance to win a million dollar shopping spree.

So what’s the deal? Are sweepstakes just scams?

If the business or company offering the sweepstakes are legitimately offering a person a chance to receive a grand prize just by releasing an email address or some other personal information – then, no, the sweepstakes are in compliance with federal laws.

If, however, a company is luring consumers to pay to win – then the sweepstakes are illegal. Charging someone a “price” to enter a game, where a “prize” is awarded on the basis of “chance,” is unlawful. The exceptions include federal and state-run lotteries, nonprofit raffles, and licensed bingo games.

As a busy San Diego Corporate Lawyer, copyright violation cases are one of the most common matters we investigate. Copyright violations are nothing new. They happen frequently – and many are cut and dry.

Not, though, when it comes to the reselling of used books. This is a muddy area, and one that the U.S. Supreme Court is taking up right now.

Back in October 2012, the U.S. Supreme Court heard arguments on a case which may determine whether you will be able to sell a used book on eBay or other reseller web sites.