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- 16Sep
Can Your Registered Trademark Be Cancelled?
Registered trademarks can also be cancelled by the USPTO for various reasons. A cancelled trademark is a trademark that for one reason or another has been deemed invalid. When a trademark’s registration has been terminated that means it can be registered by another person or business. Once a trademark has been cancelled, it is considered dead. The owner of this trademark is no longer protected by any of the benefits of a registered trademark.1AugService Dogs and What You Need to Know
Our dogs are extremely important parts of our daily lives. They follow our commands, work with us in various capacities, and act as faithful companions. Service dogs have these abilities, combined with training to perform specific tasks for individuals with disabilities. Many people with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking, picking up items, preventing a child with autism from wandering away, or altering a person who has hearing loss when someone is approaching from behind. - 1Jul
Celebrating American Corporations
CELEBRATING AMERICAN CORPORATIONS By Kelly Bagla, Esq. As the American Revolution came to an end, America was born on July 4th, 1776. The nation was founded by those who yearned for freedom. With that came...10JunWays To Sell Your Business
Selling your business is a very complex process and most business owners have never been through a sale process before. But business owners have more options than they realize. Lacking a team of professional advisors, including a strong M&A Advisor, corporate/transaction attorney and a CPA/tax advisor could have serious financial and tax consequences for both the business owner and the company so seek professional help from the beginning of the process. It pays to understand the various methods to sell or partially cash out of your business for a successful exit. - 1May
Real Estate Asset Protection
REAL ESTATE ASSET PROTECTION By Kelly Bagla, Esq. Real estate asset protection is a strategy investors can use to protect their finances from unexpected blows, including lawsuits. While real estate can be a great asset...1AprHow To Buy An Existing Business
Buying a business is a huge decision but when you pull the trigger on buying an existing business, you get the opportunity to become an entrepreneur without starting a small business completely from scratch. Every year more than 500,000 businesses change hands, and that number is expected to skyrocket in the next several years as millions of baby boomers begin retiring and selling their businesses. - 20Feb
Noncompete And Nonsolicitation
Two new California laws directly affecting business owners went into effect on January 1, 2024. California has strengthened the prohibition against noncompete and nonsolicitation agreements, which also posse potential liability for employers who require their employees to sign noncompete agreements or attempt to enforce existing noncompete agreements against former employees.10JanCorporate Transparency Act
The Anti-Money Laundering Act of 2020, which is part of the National Defense Authorization Act for Fiscal Year 2021 and includes the Corporate Transparency Act, became law on January 1, 2021. The Corporate Transparency Act requires certain business entities to file, in the absence of an exemption, information on their “beneficial owners” with the Financial Crimes Enforcement Network (“FinCEN”) of the U.S. Department of Treasury. - 1Dec
Essentials Of Offshore Asset Protection For Business Owners And CEOs
By Kelly Bagla, Esq. The world of business leadership is a high stakes game, and top executives bear the heavy responsibility of protecting their companies and their shareholder interests. Yet, amidst the whirlwind of corporate success, many CEOs and business owners often overlook a critical aspect: safeguarding their personal wealth.13Nov25 Frequently Asked Questions on Starting a Business
Having been a start-up lawyer and entrepreneur, I have been asked many of the following questions over the years by entrepreneurs when starting their company. Sometimes there isn’t an easy answer, and as lawyers often like to say, “it depends on the circumstances.” But here are my short-hand answers to the frequently asked start-up questions: 1. Should I form my company as C corporation, an S corporation, an LLC, a partnership or a sole proprietorship? - 2Oct
Social Media Influencer Marketing and Legal Considerations
You may have heard of or even use “Social Media Influencers.” This is where businesses sometimes try to reach a broader audience by enlisting “social media influencers,” a term for people who have achieved some...1SepWhat are the most common mistakes of AI when drafting a Buy/Sell Agreement?
Artificial intelligence (AI) is rapidly changing the world, and the legal profession is no exception. AI-powered tools are now being used to draft contracts, including buy/sell agreements. While AI can be a valuable tool, it... - 13Jul
5 Major tips when starting your first business
Starting a business is a big undertaking, but it can be incredibly rewarding. If you’re thinking about starting your own business, here are five major tips to help you get started: 1. Do your research....13JulHow can I protect my online business legally?
Starting an online business is an exciting prospect, but it’s important to be aware of the legal risks involved. Here are a few tips on how to protect your online business legally: 1. Choose the... - 13Jul
Which state is the best state to register a corporation in the US?
When starting a new business, one of the most important decisions you will make is where to register your corporation. There are many factors to consider when making this decision, such as the state’s corporate...14JunHow a Business Lawyer Can Help When Selling a Business
Selling a business can be a complex and intricate process that involves numerous legal considerations. Whether you’re a seasoned entrepreneur or a first-time business owner, enlisting the assistance of a skilled business lawyer can make... - 14Jun
How a Business Lawyer Can Help in Buying a Business
Acquiring an existing business can be an exciting opportunity for entrepreneurs looking to expand their operations or venture into new markets. However, the process of buying a business can be complex and laden with legal...23MayThe Risks of Starting a Business with Family Members
Starting a business with family members can be an attractive option for many entrepreneurs. It offers the opportunity to work with people you know and trust, and it can also be a way to keep... - 12Apr
What Are Bylaws in Corporations?
Introduction: In the world of business, the formation and governance of corporations play a significant role in ensuring stability and growth. A crucial aspect of corporate governance is the establishment and adherence to bylaws. This...13MarWhat to Include in Shareholder Agreements
A shareholder agreement is a legal document that outlines the rights and obligations of shareholders in a company. It is an essential document for any business with multiple owners, as it can help prevent disputes... - 6Mar
What to Do if You’re Ready to Sell Your Business
Selling a business can be an exciting and lucrative opportunity, but it can also be a complex and challenging process. From determining the value of your business to negotiating with potential buyers, there are a...27DecWhat is a Trust?
Trusts can be used for so many different things including estate planning, tax benefits, income in the case of disability or illness, passing on a family business, and asset protection. If you own a business,... - 19Dec
Strategies to Protect Your Assets as a Business Owner
If you’re planning to start a business, or you already own one, you’re probably wondering how to avoid future lawsuits. If you’re not wondering that, well you should be. Statistics show that 90% of all...25NovWill a Trust Protect my Assets from a Lawsuit in California?
If you own a business or property, you may be wondering how best to protect your assets from government seizure or creditors. Lawsuits can happen to any person and any business, but forming a trust... - 22Sep
Benefits of an LLC over a Corporation
Each business entity has its advantages and disadvantages. There isn’t an overall perfect business type; only a business type that is perfect for your business. Here, we’ll discuss the benefits of LLCs over corporations. Separation...15SepHow to Form an LLC in San Diego
You’ve looked into the different business entity options and discussed your business goals with an experienced attorney. You’ve finally decided that you want to form an LLC, but now what? Here we’ll explain the steps... - 22Apr
What Type of Assets Should You Protect?
If you own any assets, you need asset protection. Protecting your assets is as important as acquiring them in the first place. If you do not protect your assets, all the hard work you put...24Feb5 Important Things to Know about Setting up Your Corporation
Business owners of all types need to familiarize themselves with the concept of incorporating. No matter what kind of business you undertake or the service you provide, there are several significant benefits to becoming a... - 19Feb
How Does a Non-Profit Corporation Work?
A non-profit corporation is a type of business entity. In contrast to other kinds of corporations, nonprofits exist for the benefit of some collective, social, or public benefit rather than to generate a profit for...12FebBusiness Litigation Dangers You Need to Know
As an owner of a small business avoiding the danger of litigation should be a top priority for you. Legal issues can take you by surprise and seriously hurt your bottom line. To help protect your business, watch for these common legal issues: - 8Jan
BEFORE STARTING A BUSINESS
By Kelly Bagla, Esq. Thinking about starting a business? If you are – Brilliant! Congratulations on taking control of your life and being part of the 31.7 million small businesses in the USA. Before jumping...6DecEND OF YEAR LEGAL CHECKLIST FOR ALL BUSINESSES
The year is quickly coming to an end and as a small business owner, you’re probably already thinking about the new year and all of the exciting projects you have lined up. But before you... - 10Nov
FROM VETERAN TO BUSINESS OWNER
By Kelly Bagla, Esq. Did you know out of the 27.9 million businesses in the United States, 2.45 million of them are owned by Veterans? 70% of American consumers are more likely to buy from...5OctEmployer’s Guide to COVID-19 Vaccination, Verifications, Exemptions
The world has been turned on its axis over the last 17 or so months as a result of the COVID-19 pandemic. Small businesses have been hit particularly hard and will continue to be harmed... - 24Sep
3 Reasons Why This California Business Attorney Chose Carlsbad
Bagla Law Firm, a leading expert in business formation and asset protection, has been doing business in Carlsbad, California for more than a decade. Why did business attorney, Kelly Bagla, Esq. choose Carlsbad? And why...8SepDETAILS MATTER. ESPECIALLY IN LEGAL AGREEMENTS
Have you ever wondered if that contract you were reading actually needed all those legal terms? Every term, condition, and individual facet of a legally binding contract can make a world of difference. Wording can... - 9Aug
2021 COVID-19 SUPPLEMENTAL PAID SICK LEAVE
With the 2021 COVID-19 Supplemental Paid Sick Leave law, which became law effective March 29, 2021, many qualifying employees now have access to 80 hours of paid time off for virus-related reasons. Covered employees in...6AugMINIMUM WAGE LAW IN CALIFORNIA
With the new year comes new laws and the one that every employer needs to know is the minimum wage increase in California. The minimum wage is the minimum hourly rate that nearly all California... - 4Aug
MUST HAVE CHECKLIST FOR STARTUPS
Starting your own business can be a difficult task and complying with all of the legal requirements can be overwhelming. The following list includes the most important elements any startup should meet to avoid a...30JulWHAT IS A COPYRIGHT?
There is much confusion around what people can trademark or copyright. A copyright is a type of legal protection given to content creators and artists. When a person creates a story, a work of art,... - 26Jul
CHOOSING THE RIGHT STATE TO REGISTER YOUR BUSINESS IN 2021
The real question is: “Which State do you want to get sued in?” Embarking on a new business venture can be both challenging and rewarding. One of the biggest challenges a new business owner faces...23JulWHEN IS THE RIGHT TIME TO INCORPORATE?
Have you been thinking about starting a business or incorporating a business or an existing sole proprietorship? If so, you might be wondering what’s the best time to incorporate. Should you try to squeeze it... - 19Jul
SERVICE DOGS AND WHAT YOU NEED TO KNOW
Many people with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for...16JulHELPING YOUR KID START A LEGAL BUSINESS
Lemonade stands and lawn mowing are popular ways for kids to earn pocket change, but could they get in legal trouble for their entrepreneurial activities? Kids just want to be kids, but kids also want... - 15Jul
BUSINESS CONTRACTS POST COVID-19
Small business owners affected by COVID-19 know all too well the importance of written agreements in these uncertain times. What gets included, and what doesn’t, can make or break a small business when the unexpected...2OctCOVID-19 LIABILITY WAIVERS
As we are nearing the holiday session, there is no clear date for businesses and activities to fully reopen across the United States and California. More and more attention has been given to what protections... - 2Sep
Legal Eagle – STARTING A BUSINESS IN AFTERMATH OF COVID-19
We are living during a strange time in history. In a matter of a few short months, our way of life has changed on a global scale. Businesses have had to change the way they operate in response to the coronavirus epidemic and it is certain that because of these changes things will never be the same.4AugBEST PRACTICES TO PROTECT YOUR TRADEMARK
Ferrari is notoriously protective of anything and everything that bears even a remote connection to the Ferrari brand and has, along the years, earned a reputation for being quick to fire cease and desists and... - 1Jul
Legal Eagle – CELEBRATING AMERICA AND AMERICAN MADE
As we celebrate the greatest country on earth – AMERICA, great businesses also should be celebrated, as some companies seem able to weather any storm – the dream of a true entrepreneur.
10MayLegal Eagle – Straight-forward legal tips for Military and Veteran Business Owners
By Kelly Bagla, Esq. CHESS – A GAME OR REALITY? If you want to learn about running a successful business then you’ll find no better teacher than a chess board. Chess is a game of... - 21Feb
Could This Be Your Business?
By Kelly Bagla, Esq. Margaret Thatcher once famously said, “If you want anything said, ask a man. If you want something done, ask a woman.” The number of female founders and owners of businesses has...21FebFall In Love With Your Business
By Kelly Bagla, Esq. With each new year, entrepreneurs look to turn their vision into a business. These startups are often overflowing with tremendous ideas, energy and optimism, but don’t always have a roadmap for... - 21Feb
New California Law Affecting Independent Contractors And Freelancers
By Kelly Bagla, Esq. California has done it again, making it even harder for independent contractors and freelancers to make a living in the State of California. Last year the California Supreme Court announced a...21FebTrademarks – What’s in a name?
By Kelly Bagla, Esq. Intellectual property law impacts every business, whether you know it or not. For example, the moment a name is used in relation to your business, your goods or services, certain trademark... - 1Oct
Trick Or Treat? Scary Government Regulations Every Business Must Know
By Kelly Bagla, Esq. No matter what type of business you run, you must comply with federal, state and local statues and regulations administered by legislative bodies and carried out by regulatory agencies. Some regulations...1SepLLC or S-Corporation? Which One’s Right For You?
By Kelly Bagla, Esq. As a business attorney, the number one question I am asked is: “Should I be an LLC or an S-Corporation?” The business structure, in terms of the legal entity you choose... - 1Aug
Funding Your Startup
By Kelly Bagla, Esq. Contrary to popular belief, money does not grow on trees. If you want to start your own business but do not have the funding, you can still get it off the...1JulImportance Of A Partnership Agreement
By Kelly Bagla, Esq. As a business attorney, I frequently encounter disputes between business partners, which can be easily avoided. Even the best of friends or close family friends should create and sign a business... - 1Jun
Is Your Website Legal?
By Kelly Bagla, Esq. It doesn’t take much these days to start your own website. In just a few simple steps and without ever learning a single word of code you can use intuitive website...1MayLegal Issues For The Entrepreneur
By Kelly Bagla, Esq. When it comes to starting a business, you might be a pro, but what about when it comes to working through all the legal issues you must consider as an entrepreneur... - 3Apr
San Diego Veterans April 2019: INSIDE THIS ISSUE
April is designated as the Month of the Military Child, underscoring the important role military children play in the armed forces community.
The Month of the Military Child is a time to applaud military families and their children for the daily sacrifices they make and the challenges they overcome.
3AprSMALL BUSINESS LAWSUITS: WHAT ARE MY CHANCES OF GETTING SUED?
[img src=”/wp-content/uploads/sites/2/2019/04/Homeland-cover.png” class=”aligncenter”] Starting and running your own business can be incredibly rewarding, but it is also inherently risky. Maybe you’re doing something entirely new and putting your money, time and dreams on the line... - 5Feb
Get It In Writing
[img src=”/wp-content/uploads/sites/2/2019/02/Get-It-In-Writing-feature.png” class=”aligncenter”] With agreements being the cornerstone of most business arrangements, I am surprised by the number of business owners who continue to ignore the importance of putting it in writing – that’s right,...2AugLegal Tips for Veterans Thinking about Starting a Business
[img src=”/wp-content/uploads/sites/2/2018/08/cover.jpg” class=”aligncenter”] Fact: People with military experience tend to make excellent entrepreneurs. Starting a business involves planning, making key financial decisions, and completing a series of legal activities. If you are a veteran or... - 6May
Starting a home-based business? Ask yourself these critical questions before launching
What do Amazon, the Walt Disney Co. and Apple have in common? Believe it or not, these iconic, mega-sized companies all started out as home-based businesses. For most entrepreneurs, this is a common—and best—starting point...3May8 FREQUENTLY ASKED QUESTIONS ON STARTING A BUSINESS
Having been a start-up lawyer and entrepreneur, I have been asked many of the following questions over the years from entrepreneurs when starting their company. - 28Mar
SIGNING A BUSINESS CONTRACT?
We all overlook stupid stuff once in a while. That’s why professionals in many fields use checklists to help them do their jobs with greater confidence.9FebSTARTING A BUSINESS
As a San Diego business attorney, I am frequently asked: “What type of business should I be?” It generally depends on what kind of business you want to conduct. The type of business entity should reflect the kind of business you do. - 9Jan
CHOOSING THE RIGHT BUSINESS ENTITY FOR YOU!
As a San Diego business attorney, I am frequently asked: “What type of business should I be?” It generally depends on what kind of business you want to conduct. The type of business entity should reflect the kind of business you do.10OctINDEPENDENT CONTRACTORS TOP 10 FREQUENTLY ASKED QUESTIONS
For many individuals, self-employment as an independent contractor can be a rewarding and satisfying career option. As is true with any employment relationship you enter, it’s important to understand the roles and responsibilities of everyone... - 10Oct
20 MOST COMMON BUSINESS STARTUP QUESTIONS
In the months leading up to opening a business, there are hundreds of questions that come up. It’s part of the process to have questions that you want answered; it means your mind is dedicated...10Oct10 BIG LEGAL MISTAKES MADE BY STARTUPS
As an attorney involved with startups, I have seen plenty of legal mistakes made by entrepreneurs and startup companies. The following are some of the more common and problematic legal mistakes we have seen. NOT... - 10Oct
TOP 10 BUSINESS PLAN MISTAKES
When it comes to creating a business plan that attracts investors, these tips will help you get it right the first time. Every business should have a business plan. Unfortunately, despite the fact that many...10OctCHECKLIST OF MUST HAVE CONTRACTS FOR STARTUPS
When you come up with an amazing idea for a new product, service, or anything else really, it’s a very exciting time. Having your very own startup is probably the most exciting time of your... - 10Oct
EXIT STRATEGY CHECKLIST
As a private business owner, you know that every major decision required careful thought and preparation; and what bigger decision is there than deciding to sell your business? To sell your business is not as...10OctTHE FIVE MOST IMPORTANT ISSUES TO CONSIDER IN A BUY-SELL AGREEMENT
Business owners who have other partners, members, or shareholders need to consider what will happen to their ownership interest on retirement, death, divorce, or permanent disability. The same is true for co-owners of major investment... - 10Oct
HOW TO START A BUSINESS IN 8 STEPS
For those of you who have not already started a business, or are trying to figure out how best to start your business, this article will help you learn the 8 steps of the process....9OctPIERCING THE CORPORATE VEIL
One of the biggest advantages to incorporating a business is the Owners enjoy protection from being held personally responsible for the debts and liabilities of the corporation. A “Corporate Veil” is created between the Owner’s personal assets and [...] - 9Oct
LIMIT YOUR LIABILITY AND PROTECT YOUR BUSINESS AND PERSONAL ASSETS: INCORPORATE!
The limitations of sole proprietorships. Many small business owners launch their companies as sole proprietorships. This means that you and your business are essentially one and the same. This also means that your assets and those of the business are also one and the same and [...]9OctINCORPORATING: THE KEY TO LIMITED LIABILITY AND PERSONAL PROTECTION
Many small business owners launch their companies as sole proprietorships in which they and their businesses are essentially one and the same. However, changing the format of a small business to a corporation can offer personal protection in case debts or […] - 8Jun
Top 10 Legal Mistakes Small Businesses Make That Prevents Them from Selling Their Business
In my extensive work with small businesses I have found a number of common legal issues that come up over and over again. This list describes the problems and options to avoid each. No formal [...]
8JunAn Ounce of Prevention is Worth a Pound of Cure: Is Your Business in Compliance with the CA Healthy Workplace Healthy Family Act of 2014?
The California Healthy Workplaces Healthy Families Act of 2014 is now fully in effect, providing paid sick leave to employees as well as significant potential for liability for employer [...]
- 8Jun
5 Legal Issues Faced by Businesses
As an owner of a small business, the danger of crippling litigation should be at the top of your priorities. Legal headaches can take you by surprise and severely hurt your bottom line. Here are [...]
23MarOur Team Members
We enjoy the process of creating a theme from its start to its end – from a sparkling design idea, to the very release..