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(This post is part of a series called “Common Clauses,” focused on explaining so-called boilerplate provisions of contracts. Click the...

Introduction In most contexts, if you end up at trial, your opinion is not admissible unless you're qualified as an expert. See Fed. R....

(This post is part of a series called “Common Clauses,” focused on explaining so-called boilerplate provisions of contracts. Click the...

If you're a contractor in Texas (or any state), you're probably familiar with mechanics' liens. Although your state constitution may...

California law requires business entities to file a statement of information ("SOI") every two years (e.g., LLCs, nonprofit corporations)...

The purpose of this post is to remind small business owners that " the Rule " goes into effect next year. If you plan on forming a new...

Introduction You have decided that you need a business entity. You know that the wait time in your state is two or more weeks (or perhaps...

In both Texas and California (and, likely, in all states), you ought to have an operating/company agreement. In California, you have one if you have an LLC, it's just a matter of what the terms are and who interprets them. In Texas, it is not required by law.

A bank holds $15,000.00 in an account owned by John Smith. But two different people claim to be the "John Smith" whose name is on the...

(This post is part of a series called “Common Clauses,” focused on explaining so-called boilerplate provisions of contracts. Click the...

You might have seen (or even signed) a deed that contains language similar to this: "...including all of Grantor’s right, title and...

The Corporate Transparency Act ("CTA") is a federal law that seeks to prevent money laundering, terrorist financing, tax evasion, etc....

The several states treat unlicensed contractors differently. For example, in Florida, unlicensed contractors can't sue for breach of...

You often hear about which states are best or toughest for businesses with regard to taxation, regulation, complexity of starting up,...

It’s a new year, and January 1 almost always brings with it new laws and regulations. In Texas, the big news has been for property taxes...

California has a number of new laws going into effect in 2023. This is my ranking of the top new business laws going into effect in 2023....

California has a love/hate relationship with the LLC. In a previous post , I pointed out that the California Contractors State License Board ("CSLB") imposes added requirements and costs for contractors who operate as an LLC. But why? History of LLCs Wyoming was the first state to adopt a statute allowing for the creation of LLCs. By 1996, all 50 states had an LLC statute. In 1994, California adopted its own, called the Beverly-Killea Limited Liability Company Act ("LLC A

On January 5, 2023, the Federal Trade Commission ("FTC," responsible for enforcing antitrust and consumer protection rules) announced a...

The word "securities" typically refers to a type of ownership interest in a business. The most common (or at least, the most familiar)...

(Note: HB 2237 (which I covered briefly here) went into effect in Texas on January 1, 2022. Construction contracts entered into on or...