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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...

Sometimes businesses choose to operate under names that are not their legal names. If the operating name differs from the legal name, the...

Most people have heard of community property, but many don't know exactly what it means (even those who live in community property...

In 2020, California passed SB 1079, called the "Homes for Homeowners, not Corporations" bill, going into effect January 1, 2022. See...

( This post is part of a series called “ Common Clauses ,” focused on explaining so-called boilerplate provisions of contracts. Click the link to see other posts in this series). Venue selection is similar to, but different from, forum selection. In fact, many contracts confuse them or use them synonymously. In some states (Texas included), the distinction didn't always matter, because (previously) neither was enforceable anyway. Where forum selection involves selecting a j

In 1999, Texas adopted the Broker's and Appraiser's Lien on Commercial Real Estate Act ("Act"). Tex. Prop. Code, Chapter 62 ....

Heckman Law, PC represents several small businesses in the capacity of outside general counsel. This means we're often in the position of...

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

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

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

A big part of any business law practice is negotiating, drafting, and reviewing contracts. This requires familiarity with the parties, their goals in entering the contract, and brainstorming worst-case scenarios. All of that is absolutely critical. But contracts almost always include so-called “boilerplate” terms. Parties to a contract often ignore these because 1) they can be hard to understand, 2) they can be boring to read, and 3) there is a perception that they don’t mat

For whatever reason (and perhaps there are several), the California legislature has a bizarre relationship with LLCs. California law...

Most contractors are probably familiar with the mechanic's lien process in their states. For California, I have a couple of posts: "...

An operating agreement (often called a company agreement or LLC agreement) sets forth the basic rules and regulations for the operation...

I rarely recommend a client form a limited partnership (“LP”). I can’t remember a single time that I have made that recommendation. But,...

In a previous post , I listed some of the often-missed requirements for California home improvement contracts ("HIC"). But California has...

Last week, on June 2, 2022, the Russian invasion of Ukraine passed the 100-day mark. The conflict has been brutal. Casualties number in...

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...

California law authorizes mechanics liens for labor and materials provided after a work of improvement begins. But what about those...

Beginning June 1, 2022, Texas will follow Delaware’s lead: series in series LLCs will now be categorized as series, protected series, or...