Civil Litigation

Agency as Affirmative Defense

Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” Under California law, agency is not presumed. One must prove its existence to assert as a defense. The burden of proving the existence of an agency Read more…

By Steven L. Simas, ago
Business Law

Make Sure to Define 'Confidential'

As the business world has turned increasingly tech-savvy, more and more employees—even run-of-the-mill support staff—are exposed to what businesses consider “confidential, proprietary, or trade secrets.” To protect the business, many employers have been advised by their attorneys to require employees to sign confidentiality agreements at the time of being hired Read more…

By Steven L. Simas, ago
Uncategorized

Waiting Time Penalty

Labor Code § 203 governs “Waiting Time” penalties in the state of California. This penalty is assessed when an employer fails to timely pay an employee all wages accrued upon termination or after resignation of his or her employment. California courts have a long history of strictly enforcing the waiting Read more…

By Steven L. Simas, ago
Uncategorized

Buy-Sell Agreements

A buy-sell agreement is an agreement between the owners of a business to purchase and sell interests of the business at a pre-determined price upon the occurrence of anticipated or potential future events. These triggering events generally include death, disability, bankruptcy, divorce, retirement, an offer to purchase, and termination of Read more…

By Steven L. Simas, ago