Despite the fact that Business and Professions Code Section 16601 permits non-compete agreements, there are still other requirements in order for such a non-compete agreement to be valid. In order to be valid, the non-compete agreement must, in addition to being part of a sale of substantially all of the person’s interest in the company, be limited in terms of both time and geography. Time Limitation Since there is a general policy against preventing a person from earning a living, the Courts are reluctant to uphold these agreements in general. Where a non-compete agreement fits within the exception of the sale of substantially all of a person’s interest in the company, there still must be a limitation on the length of time that the non-compete agreement is valid. If the non-compete agreement provides that the seller will not compete with the purchaser for 50 years it is almost certain that California courts will void such an agreement as being too great a limitation on the seller’s ability to earn a living. California courts generally permit non-compete agreements for only relatively short-term duration, usually not to exceed two to three years. A non-compete agreement with a two to three year limitation on competition is likely to be enforceable. Any longer period of time and the courts will look with a skeptical eye towards enforcement. Here too, however, there may be circumstances that justify a longer term. Consultation with an attorney in this area is essential to drafting an enforceable non-compete agreement. Geographical limitation The limitation on competition must also be restricted by geographical area. Whether a geographical limitation is reasonable will depend upon the particular facts involved. There are some basic guidelines to determining whether a non-compete agreement will be enforceable. However, an attorney should be contacted to review and properly research your particular case.

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Felix Mitzner lawyer 2020-03-24 19:42:46

Some people mistakenly belief that forming a nonprofit automatically gives the organization all the tax benefits that come along with being "exempt." That is simply not the case. Keep in mind, nonprofit status refers only to your state's laws regarding corporate status, while tax-exempt refers to federal and state exemption under the U.S. tax code. As a nonprofit organization, you have to apply for special tax designations under 501(c)(3). They are not automatic. See FindLaw's Becoming a Tax-Exempt Organization to learn more about how to apply and enjoy exemptions from federal, state, and local taxes. Requirements After Obtaining Tax-Exempt Status Once your charity gains tax-exempt status, you'll still have tax filing requirements you must comply with in order to maintain 501(c)(3) status. If your nonprofit has $50,000 or more in gross receipts, will likely have to file a Form 990, Return of Organization Exempt from Income or Form 990-EZ. Smaller organizations, those with less than $50,000 or more in gross receipts, may still have to file what is known as a "electronic notice" with the IRS. Do 501(c)(3) Nonprofit Corporations Have to Make their Financial Statements Available to the Public? Yes. Nonprofit corporations must submit their financial statements, which include the salaries of directors, officers and key employees to the IRS on Form 990 as mentioned above. Both the IRS and the nonprofit corporation are required to disclose the information they provide on Form 990 to the public. This means that nonprofits must make their records available for public inspection during regular business hours at their principal office. The financial health of your nonprofit organization is extremely important. Working with a lawyer who understands the laws surrounding 501 (c)(3) is crucial to making nonprofit status benefit your charity. Speak to a business and commercial law attorney in your area today and make sure your nonprofit has the best chance at success.

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Yates Hirschi lawyer 2020-03-23 20:39:49

Probate is a legal process that occurs when someone passes away – essentially it is the sorting out of the deceased’s estate and assets. The process includes: proving the validity of the will in court, taking inventory of the deceased’s property and having it appraised, paying debts and taxes, and distributing the remaining property as the will states. It is a large responsibility for the designated executor that involves confusing paperwork and typically the assistance of a lawyer. Probate is a legal process that occurs when someone passes away – essentially it is the sorting out of the deceased’s estate and assets. The process includes: proving the validity of the will in court, taking inventory of the deceased’s property and having it appraised, paying debts and taxes, and distributing the remaining property as the will states. It is a large responsibility for the designated executor that involves confusing paperwork and typically the assistance of a lawyer. One reason for a probate dispute is that the process of probate typically consumes money from the estate property that would otherwise be split amongst the heirs, but a chunk of that goes to lawyers usually. Some people may find it smarter and more cost-effective to go through the probate process without lawyers to save money, yet the confusion and splitting of assets unfairly can cause distress and upset feelings with the people involved. The process of probate can cause stress and tension in families because it can drain the money left to the beneficiaries depending on how much debt is to be paid.

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Silvln Crowley lawyer 2020-03-20 20:54:55

How often have you scrolled to the bottom of the terms of service and just clicked “yes” when you are shopping online? If you are like most people, the answer is quite a few times. However, people are learning that when they click to agree, they are giving away far more than they would ever imagine. How many people read the terms? Research suggests that most people don’t read terms and conditions. A recent study involving 543 college students showed that only one-quarter looked at the fine print at all. In the study, students were invited to join a nonexistent social network called NameDrop. Most never looked at the terms before clicking to join. Even the most thorough students spent roughly a minute scanning over the terms of service, which contained thousands of words. While most of the terms were standard, deep in paragraph 2.3.1, members agreed to give NameDrop their first-born children. While NameDrop does not exist and this agreement is illegal and thus invalid, the study proved its hypothesis: no one reads the terms. Does it matter if you read them? Regardless of whether you should or shouldn’t read every word in these agreements, it would simply be impossible for most of us to read every End User License Agreement (EULA) or Terms of Service (TOS). According to The Guardian, it would take roughly 250 hours to read the average American’s digital contracts every year. Additionally, it may not be reasonable to even try. Networks like Twitter, Google and Facebook are extremely valuable to many people, especially those who use these platforms as part of their jobs. Professionals whose responsibilities include research or sharing information would often be unable to do their jobs without these and other resources. Since no one can individually negotiate their own contracts, the choice comes down to accepting them or not using the service. In the case of some consumer goods or sales websites, there is not another source for the product. In other words, many users and consumers find that agreeing to terms is really the only option.

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John Uebler lawyer 2020-03-19 20:33:24

For product liability to arise, at some point the product must have been sold in the marketplace. Historically, a contractual relationship, known as "privity of contract," had to exist between the person injured by a product and the supplier of the product in order for the injured person to recover. In most states today, however, that requirement no longer exists, and the injured person does not have to be the purchaser of the product in order to recover. Any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone. Liability for a product defect could rest with any party in the product's chain of distribution, such as: The product manufacturer; A manufacturer of component parts; A party that assembles or installs the product; The wholesaler; and The retail store that sold the product to the consumer. For strict liability to apply, the sale of a product must be made in the regular course of the supplier's business. Thus, someone who sells a product at a garage sale would probably not be liable in a product liability action. Types of Product Defects Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective and that the defect made the product unreasonably dangerous. There are three types of defects that might cause injury and give rise to manufacturer or supplier liability: 1.Design Defects - Present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe. 2.Manufacturing Defects - Those that occur in the course of a product's manufacture or assembly. 3.Marketing Defects - Flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.

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Yates Hirschi lawyer 2020-03-18 12:53:50

Workers’ Comp Claim Denied – What’s Next?The first thing that you should do if your workers’ compensation claim is denied is to hire an experienced workers’ compensation lawyer who can guide you through the process of appealing the denial. From there, you need to file a Form 33 – Request for Hearing. The first step is mediation with your employer. Mediations are required. In fact, if you submit a request for hearing, you will be sent an order for a “mediated settlement conference.” Mediation is often a successful way of resolving workers’ compensation disputes. The North Carolina Industrial Commission reports that settlement rates for mediation conferences are at or above 70-75 percent. If mediation is unsuccessful, the next step is the hearing. A hearing is an opportunity for you to present your side of your workers’ compensation case. During the hearing, you will provide testimony, submit medical evidence that speaks to your injuries, and you may call witnesses to testify on your behalf. At the conclusion of the hearing, a written order will be issued. If the order is not in your favor and your benefits are denied, you can once again appeal. If a hearing is not concluded in your favor, you may file an appeal before the full commission. If you are not already working with an attorney, it is essential that you hire one at this point in the process.

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Felix Mitzner lawyer 2020-03-17 20:48:19

This question is the most important for winning a malpractice case. If there is no way to prove life altering damage caused by the negligence, then there is no reason to even consider suing. In fact, unlike some medical malpractice suits, dentists are less likely to settle the lawsuit due to how difficult it is to prove life altering damage in terms of dental malpractice. On top of that, the stakes are higher for dentists than medical doctors. Medical doctors can recover from a malpractice lawsuit due to the ‘life or death’ nature of their work. Dentists, on the other hand, work in a field where most procedures are not life threatening, and the patients have plenty of time to do research and choose their dentist. Therefore, settling a single malpractice suit is going to impact a dentist much more than a doctor in the long run. Sometimes, patients will sue a medical doctor for malpractice to make a quick buck on a settlement deal. However, trying to get a quick settlement of your dentist is far less likely. Dentists will inevitably be more likely to see out the entire litigation process for their suite because if there is even a slim chance that they win, it will be far more beneficial for them and their business in the long run.

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Ulysses lawyer 2020-03-17 20:39:26

What to Do During Traffic Stops Follow these simple steps during traffic stops to give yourself a fighting chance to contest a ticket. When You First See the Police Car Pull over quickly and safely, letting the police officer know you understand and are complying. Use your signals and pull as far to the right shoulder as you can. Your goal is to make it clear that you understand he or she is in control. By pulling over quickly, you can also be close to the scene where the officer claims you committed a violation. This allows you to review the scene to evaluate the truthfulness of the officer's allegation and look for potential defenses such as obstructed views. Right After You Are Stopped Always be polite during traffic stops, even if the officer is aggressive. You have little to lose by being polite and a lot to lose by being belligerent. Roll down your window, turn off the engine and place your hands on the steering wheel. If it is night time, turn on your interior light. Do not reach for documentation: officers are trained to spot driver's reaching for hidden items, or stashing items, and it is likely an officer may misinterpret your actions. You might be reaching for your registration, but for all the officer knows, you're reaching for a gun. If you have any suspicion that the officer is not really a police officer (you were pulled over by an unmarked car), ask politely to see the officer's photo identification and badge. If you still are unsure, you can ask that officer to call a supervisor to the scene or you can request that you be allowed to follow the officer to a police station.

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Ulysses lawyer 2020-03-13 19:40:56

Traffic Tickets: Strict Liability Offenses The majority of traffic tickets are issued for "strict-liability" offenses. This means that no particular criminal intent is required to convict a person of the offense. The only proof needed is that the person did the prohibited act. Strict-liability traffic offenses typically include such offenses as: Speeding Failure to use turn signals Failure to yield Turning into the wrong lane Driving a car with burned-out headlights Parking in a handicap spot without the required sticker, and Overdue parking meters. Moving Violations vs. Non-Moving Violations A moving violation occurs whenever a traffic law is violated by a vehicle in motion. Some examples of moving violations are speeding, running a stop sign or red light, and driving under the influence of drugs or alcohol. A non-moving violation, by contrast, is usually related to parking or faulty equipment. Examples include parking in front of a fire hydrant, parking too close to the curb, parking in a no-parking zone, parking in front of an expired meter, and excessive muffler noise. Processing Traffic Tickets Many jurisdictions provide for administrative processing of most traffic tickets as minor offenses or "infractions," thereby removing them from criminal court altogether. In those cases, an offender is not subject to incarceration or large fines and is not entitled to a lawyer or a jury trial. Even though most traffic tickets are handled in an expeditious manner in the court system, a "conviction" for a traffic infraction can have a negative effect on a person's driving privileges, and insurance rates. Certain traffic violations are considered more serious than infractions and can rise to the level of a misdemeanor crime (or felony), especially if the offense involves injury to a person or destruction of property (such as a DUI or leaving the scene of an accident). People accused of these more serious traffic violations are entitled to all constitutional protections provided to criminal defendants, including the right to a court-appointed attorney and a jury trial.

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Silvln Crowley lawyer 2020-03-12 13:42:18

Driving without a license is illegal in every state, but most states differentiate between operating a vehicle without a valid driver's license and driving a vehicle without proof of a driver's license (such as when a driver fails to physically carry their valid driver's license). While you won't be arrested for simply failing to grab your wallet before getting behind the wheel, it's a much more serious offense to drive with the knowledge that your license is suspended or otherwise invalid. Penalties for driving without a license or failing to produce a license when stopped by a police offer range from "fix-it tickets" to vehicle impoundment or even jail time (for driving on a revoked license, for example). A motorist may violate a driver's license requirement in a number of ways. Perhaps it was an honest mistake (i.e. Tony left his driver's license at home) or maybe there was an attempt to circumvent a known driving restriction (i.e. Tony willingly drove despite knowing that his license was suspended for DUI.) Here are the most common types of violations related to driver's licenses: Failing to apply for a state-issued drivers license within the time allowed. Driving with an expired license. Driving with a license that has been temporarily suspended. Driving with a license that has been permanently revoked. Failing to show proof of a valid license when driving or operating a vehicle.

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Gella Klausner lawyer 2020-03-11 10:02:42