Companies operating in California must comply with both state and federal law when it comes to severance pay and other employment agreements. Although the state does not mandate any sort of severance pay, it does require that employers abide by the agreements they...
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Corporate governance
What is the fiduciary duty of corporate board members?
Members of a corporate board of directors are fiduciaries with a duty to company shareholders. Generally, these duties encompass financial responsibilities but can also relate to fair employment practices, environmental concerns, and the corporation's responsibilities...
Corporate self-dealing: What to look out for
Self-dealing occurs when those in positions of power breach their fiduciary duty by advancing their personal interests at the expense of those they serve. This illegal act may manifest in a corporate setting in various forms of tunneling, explained below. Cash-flow...
How to evaluate a severance package when considering early retirement
Accepting a severance package is a significant decision that some people are faced with towards the end of their careers. It's important to carefully evaluate the conditions and benefits offered by your company so you can maintain a financially secure future. ...
California laws to be aware of when negotiating your severance package
If you are a company executive, you were likely asked to sign a contract before assuming your new employment role. The legal agreement you entered into typically spells out the responsibilities of your position, your salary, any fringe benefits you are eligible...
The top 3 reasons why shareholder disputes occur
The owners of a public company, its shareholders, can be individual people, institutions, or other corporations. Each of these parties must abide by a shareholder agreement. Shareholders and company directors aren't generally the same. Shareholders typically don't...
What your firm and broker-dealers should know about FINRA audits
As a California business that operates in the financial services sector, you are well aware that your company and the registered investment advisors (RIAs) are subject to significant government oversight. It's not uncommon for the Financial Industry Regulatory...
California contract law & breaches
Contracts are the backbone of any business. They outline the obligations expected from both parties. The terms set therein (and those that California law applies, whether the conditions are in the contract or not) are the basis for managing smooth partnerships. ...
Investment-related declarations fall under safe harbor law
There have been some major developments in federal and state securities law in the past year. One of the developments has been the Ninth Circuit's interpretation of the Private Securities Litigation Reform Act (PSLRA) regarding the safe harbor clause for...
Are non-compete agreements enforceable in California?
A non-compete agreement can often be used to protect business interests, such as trade secrets and client lists. It can be used to prohibit employees who have been terminated, either voluntarily or involuntarily, from soliciting existing clients of the business or...