Publications

Ensuring Compliance While Conducting Background Checks

Authorizing Background Checks Must Exclude Liability Wavers Conducting background checks on prospective employees is a practice companies large and small carry out to ensure the candidate is who they say they are. For organizations operating in the upper echelons of their industry, background checks are mandatory. Employers, therefore, must understand the processes

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Applying For A Trademark

  Trademark Steps Background: The legal definition of a trademark is, “any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.” 15 U.S.C. §1127. Simply, a

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Raising Funds Through Regulation D

At some point of operating your San Diego business, you may find it necessary to acquire an influx of capital to grow your business further. This can generally be achieved in one of two ways: debt or equity. When raising capital through equity, however, there are substantial and complicated government regulations that

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The Quick-Start Limited Liability Company Formation

If you are an individual looking to form a business entity by yourself, a limited liability company (“LLC”) is one of the easiest liability-limiting business entities to form and manage. In this article, we provide you with simple steps that will help you get started.

Avoiding Personal Liability from Operating Your LLC or Corporation

One of the main reasons for forming any San Diego business entity is to avoid personal liability for your company’s obligations incurred during business. In this article, we provide you with information to avoid liability, including a checklist produced by the California courts for determining whether the alter-ego doctrine might be applicable.

How to Start A Business in San Diego

Starting a new business in San Diego the right way can be a big undertaking, but with a solid business plan and having a strategy in place, you will have a much easier time. In this series of articles we will cover many important topics to starting a new business. In this article we will consider the following: Choosing how to structure your business, filing your tax and employer identification documents, and how to search for any applicable licensing or permitting requirerments.

Mergers and Acquisitions: Structuring Mergers

A corporate merger, by definition, is a combining of corporations in which only one of the corporations survives.  Corporate mergers are authorized and governed by the statutes and regulations of the state in which the corporation is formed.  Other business entities, such as limited liability companies, can merge as well, but this article will primarily discuss corporate mergers.

Business Law: Starting A Restaurant

Lee Shome & Kennedy’s business law and corporate law attorneys are highly experienced in both opening restaurants and management/operational considerations once your restaurant business is up and running.  LSK Firm has helped our clients in opening and operating multiple large scale restaurant groups, ensuring our clients are able to enjoy the business they worked so hard to create.  Starting a restaurant as your business is not an easy task, as there are many business and legal considerations to prepare for.  Below are some preliminary issues and requirements to consider when opening your restaurant.

Mergers and Acquisitions: Taxable Acquisitions & Tax-Deferred Reorganizations

This article will provide a brief overview of certain taxable transactions and the ramifications in M&A transactions, including those certain tax-deferred reorganizations under §368 of the Internal Revenue Code.  Often, due to the fact that the taxes are deferred under IRC §368, these M&A transactions are referred to as “tax-free.”