Why Your LLC Needs an Operating Agreement
An operating agreement (often called a company agreement or LLC agreement) sets forth the basic rules and regulations for the operation...
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Garrett A. Heckman
Jun 8, 20223 min
Limited Partnerships – What, Why, and How?
I rarely recommend a client form a limited partnership (“LP”). I can’t remember a single time that I have made that recommendation. But,...
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Garrett A. Heckman
Jun 6, 20222 min
Swimming Pool Home Improvement Contracts in California
In a previous post, I listed some of the often-missed requirements for California home improvement contracts ("HIC"). But California has...
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Garrett A. Heckman
Jun 4, 20222 min
Nonprofits and the War in Ukraine
Last week, on June 2, 2022, the Russian invasion of Ukraine passed the 100-day mark. The conflict has been brutal. Casualties number in...
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Garrett A. Heckman
Jun 2, 20224 min
303 Creative LLC and "Monopolies of One"
Back in February, the Supreme Court of the United States agreed to hear an appeal in the case known as 303 Creative LLC v. Elenis. 303...
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Garrett A. Heckman
May 31, 20223 min
California Design Professionals Liens
California law authorizes mechanics liens for labor and materials provided after a work of improvement begins. But what about those...
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Garrett A. Heckman
May 25, 20223 min
The New Series Categories in Texas – Effective June 1, 2022
Beginning June 1, 2022, Texas will follow Delaware’s lead: series in series LLCs will now be categorized as series, protected series, or...
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Garrett A. Heckman
May 10, 20222 min
Obtaining Nonprofit Status
From a formation standpoint, nonprofits are similar to for-profit corporations. The certificate (or articles) are filed with the state,...
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Garrett A. Heckman
Apr 25, 20221 min
LLC Formation is "Stupidly Complicated and Expensive" per David Hogg
Some of you might remember David Hogg. He attended Stoneman Douglas High School, and was at the school during the shooting in 2018. Since...
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Garrett A. Heckman
Apr 19, 20222 min
Rights of First Refusal
A right of first refusal (sometimes a first right of refusal) is the right of someone to purchase something before anyone else. It is an...
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Garrett A. Heckman
Apr 15, 20223 min
Introduction to Succession Planning
Succession planning refers to the process of determining how your business will continue as you become less involved in, or leave, the...
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Garrett A. Heckman
Apr 6, 20222 min
What is ESG and is It "the Devil Incarnate"?
ESG popped up in the news this weekend after Tesla's Elon Musk tweeted to his 80.2 million followers: "I am increasingly convinced that...
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Garrett A. Heckman
Apr 1, 20223 min
Enforcing a California Mechanic's Lien
In an earlier post, I explained the basics of California mechanics liens. But how do you enforce that lien? The process is deceptively...
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Garrett A. Heckman
Mar 18, 20222 min
Professional Corporations – What, Why, and How?
Professional corporations are just another type of corporation. But what is different about it? Why have one? How do you form one? What...
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Garrett A. Heckman
Mar 12, 20222 min
What is a Fiscal Year?
What is it? A fiscal year is a business's annual accounting period. Typically, this is the same as the calendar year (January 1 to...
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Garrett A. Heckman
Mar 9, 20223 min
Civil Appeals – What, Why, and How?
What is an appeal? An "appeal" is the review of a case by a higher court. A typical appeal is, after a party loses at trial, they request...
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Garrett A. Heckman
Mar 4, 20223 min
California Mechanic's Lien Basics
California's Constitution stresses that mechanics, materialmen, laborers, etc. are entitled to a lien on property which they help to...
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Garrett A. Heckman
Mar 2, 20222 min
Piercing the LLC Veil in California
In a previous post I explained piercing the corporate veil in general terms, and in another I explained the rules specific to California....
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Garrett A. Heckman
Feb 24, 20223 min
“Law” v. “Equity”
When a dispute arises, I frequently ask my clients, “so what do you want?” It’s a simple question, but the answers vary from client to...
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Garrett A. Heckman
Feb 16, 20223 min
Piercing the Corporate Veil in California
I've discussed veil piercing previously, but what does that look like in California? How does it actually work in practice? If there is a...
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