Barron Law FAQ
Do I need to know and understand the laws that apply to my particular business operation?
Yes. If you’re going to be operating a business in California, then it’s best if you know and understand the laws that apply to your particular operation. You will have the opportunity to discuss your business and what you hope to achieve when you make an appointment with us. There are a great number of details that you will need to provide to get up and running legally and in proper order.
Do I need to file forms as a business entity?
Yes. If you are planning to incorporate, you must make sure to file the right forms that define you as a business entity. All transactions you undertake must also have the proper legal documentation to back them up.
Should I have an attorney review any legal documents I have relating to my business?
Yes. If you have any legal documents relevant to your business, have them checked by a competent attorney. There is no sense is taking a chance that you may be sued at some point. Being in business for yourself is a daunting thing, but if you have a highly skilled attorney to rely on, you come out ahead of the game.
What do I need to know about exempt/non-exempt employees?
The major thing you need to known about exempt/non-exempt employees, is that workers must be classified correctly to avoid state & federal penalties. Consult with us when you make your appointment and we will walk you through an other things that you must be aware of as well.
Is there anything that I need to know about Vacation pay?
Yes. You need to know that that having a plan that states “use your vacation or it’s lost” is illegal.
I need a non-competition agreement, what do I do?
This is a highly controversial area, and each case is assessed based on the circumstances. We would highly recommend that you give us a call to discuss what you require before we are able to outline what you will need us to draft for you.
I am being asked to write a letter of recommendation for a departing employee, is there anything I should not say?
Yes. There are certain pitfalls that you do not want to get into, and we would advise that you give us a call to discuss the things you need to avoid.
What does entertainment law mean?
Entertainment law revolves around several categories including:
- Intellectual property law
- Employment law
- Labor Law
- Immigration
- Securities Law
- Security Interests
- Agency
- Trademarks
- Copyright
- International Law
- Insurance Law
Are there are lot of lawsuits in this area of the law?
No. Most of the work done in this area is transaction based and dealing with agreements. However, this does not mean that there isn’t recourse to arbitration or litigation.
I have been offered an option agreement on a script. Do I need a lawyer?
Yes. It would be a smart idea to consult with an entertainment lawyer in order to make sure the agreement is fair and enforceable.
Someone is trying to copy my computer game software. Do I need to hire a lawyer?
Yes. This is infringement of copyright and you need to take action to stop someone from stealing your intellectual property.
Intellectual Property Rights Law
What is intellectual property?
Intellectual property rights provide legal rights over creations of the mind. Intellectual property law gives owners of various “creations” certain exclusive rights – rights to intangible assets and in addition, a financial monopoly on any profits from such creations.
What other areas fall under intellectual property?
The other areas that fall into a group under the umbrella of intellectual property include trade secrets, industrial design rights, trademarks, copyrights and patents.
What is a trademark?
A trademark is usually something (such as a sign) identifying a product or service from a unique source. This sign distinguishes it from other competitors. Trademarks generally have a name, image, design, symbol, logo, phrase, word or a combination of those things to make it distinctive.
What is a trade secret?
A trade secret is a design, process, practice, pattern, formula or a mass of information not generally known or obtainable by other competitors.
What does personal injury law mean?
In personal injury law you are entitled to collect damages for personal injuries to your body caused by the carelessness, recklessness or negligence of another person.
Are statutes of limitations important in personal injury cases?
Yes. Time is of the essence in most, if not all personal injury cases. You need to discuss the statute of limitations when dealing with any personal injury case.
Do I have to have a doctor examine my injuries and verify I have been hurt?
Yes. You not only need to be examined by a doctor, but the doctor needs to verify how badly you have been hurt and estimate the length of time you may suffer from your injuries.
Do I need to go to the trouble of getting a police report?
Yes. You will need to provide a copy of the police report to us in order for us to get a full understanding of the parameters of your case.
I’m confused by what I need to do about eminent domain. Do I need to speak to a lawyer?
Yes. It would be helpful for you to speak to an attorney who has a wide range of experience in real estate law. It is a diverse field and our offices provide services in the following areas:
- Architectural & Engineering
- Broker & Transaction Litigation
- Building Codes
- Buying & Selling
- Condemnation
- Condominiums & Cooperatives
- Construction Contracts
- Construction Defects
- Construction Financing
- Conveyance
- Eminent Domain
- Homeowners’ Associations
- Insurance
- Land Contracts
- Land Use & Zoning
- Mechanic’s Liens
- Mold Claims
- Mortgages
- Property Taxes
- Real Estate Loans
- Renting & Leasing
- Title Insurance
- Title Litigation
Others:
- Fraud
- Failure to Disclose
- Quiet Title
- Neighbor Disputes
- Contract Disputes
- Commercial / Residential Landlord-Tenant
- Dissolution of Partnerships
I have a tricky residential landlord-tenant situation. Do I need to consult with a lawyer?
Yes. It would be in your own best interests if you check with us to see what your legal options are in situations like this.
What if the property I am trying to buy has a mechanic’s lien against it? What do I do?
Each situation like this is different, and we assess each case based on the details. We would recommend that you give us a call and we will discuss your situation with you.
How do I set up my winery business?
When it comes to the formation of a winery business, there are several models (legal structures) to choose from. Each one has its pros and cons, which relates directly to the attributes of the specific winery.
What other issues do I need to be aware of when I set up my winery?
There are a multitude of issues to be considered when setting up a winery that include control, management, continuity, liability, taxation, costs, expenses, profit sharing, losses and transferability.
How do I handle financing issues?
When dealing with the issue of financing, wineries most often use debt financing, but this is not to say they may not be fortunate enough to have received venture capital, public capital and/or angel financing. Whatever the case may be, our office is highly knowledgeable about the complexities and various documents needed for tax-exempting financing.
I need to acquire more land for my winery. Is this a problem?
No. Acquiring land is the lifeblood of a winery operation and we know how important it is to have a smooth business transaction without any surprises when the deal closes. We know how to avoid any barriers to land acquisition and double check title and access, secure land use permits and the required zoning, draft land lease agreements and a myriad of other minutia.