A majority shareholder of a corporation generally enjoys significant discretion over how the business will be run. However, the law nonetheless requires that a majority shareholder treat minority shareholders fairly, and avoid using the business for personal profit at the exclusion of the other shareholders. This is especially important in the context of mergers and
David M. Karen, Esq. – Experienced Mediation & Arbitration
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Employers generally are allowed to fire their at-will employees, at any time. But there are state and federal statutes that create certain circumstances where termination is never appropriate. For example, California has enacted the Fair Employment and Housing Act (FEHA), which prohibits the unfair treatment of employees on the basis of their sex, race, religion,
What should an employer do if they want to make sure their employees don’t steal their customers from them after they leave? The obvious answer is to have the employee sign a contract not to compete, also known as a non-compete agreement. But that raises another question — are non-compete agreements enforceable? It’s an
Businesses lend money all the time, whether it’s in the form of a straightforward loan, or by selling products or services on credit. But unfortunately, consumers and business debtors don’t always pay their debts, and many debtors file for bankruptcy. Once bankruptcy is filed, the Bankruptcy Code imposes an automatic stay, temporarily barring any further
What if a trespasser is walking in your backyard, trips on a sprinkler head and twists his ankle? Can he sue you? The traditional common law of premises liability that California previously followed made a distinction between people who had been invited onto someone’s property, and trespassers. Property owners had to make efforts to keep
Everyone’s heard of the FDA: it regulates food, drugs, and medical products. But not everyone knows how this federal agency works, or the statutory framework it operates under. The Food, Drug, & Cosmetic Act (FDCA) imposes a long list of requirements on drug and medical device manufacturers, and its general purpose is to protect the
In the modern world, where a powerful corporation takes advantage of its superior bargaining power, individual consumers may find themselves with few options to protect their rights. Hiring an attorney can be expensive, and resolving a small commercial dispute generally isn’t worth the cost of litigation. Nevertheless, when corporations engage in a practice of systematically
In the age of Twitter, Facebook, Snapchat, and Instagram, modern technology has made it more and more difficult to keep private information private. In a fast-paced information age, there are more tools than ever to defame another or invade another’s privacy. From a defamatory comment on Facebook to “revenge pornography”, in which embarrassing private images
DK Law Group LLP has just filed a class action in federal court against the manufacturers of Electroconvulsive Therapy devices (ECT) on behalf of every person who has been injured by electroconvulsive therapy in California since May of 1982. Our lawsuit is based on traditional state-law negligence principles, and the manufacturers’ failure to comply with
This past summer the DK Law Group, LLP and Creative Dispute Resolution returned with the “2nd Annual” Summer Internship program, selecting four high school students from those that participated in the 2016 Ventura Superior Court High School Mock Trial competition. With over 50 applicants seeking the available intern positions, four students were selected as the
