Business Interference California

Protection of these relationships from outside interference facilitates performance and helps stabilize commercial undertakings. Interference with contractual relations upsets expectations, destabilizes commercial affairs and increases the costs of doing business by involving competitors in disruptive squabbles or litigation.

It is not well known, however, the act of inducing a breach of contract (and causing interference) must be an intentional act. If the actor (defendant) had no knowledge of the existence of the contract, or his actions were not intended to induce a breach, he sometimes cannot be held liable even when an actual breach results from his acts. It is not enough that the actor intended to perform the acts that caused the result. He or she must have intended to cause the result itself.

Elements Of Business Interference California

Consequently, to prove tortious interference with business relationship, most jurisdictions require that the following elements be satisfied:

• A valid business relationship or business expectancy existed between the parties
• The defendant had knowledge of the relationship or expectancy
• The defendant intentionally coerced one of the parties to terminate the business relationship, breach a contract, or withhold a valid business expectancy
• The defendant was not authorized to interfere with the parties’ dealings
• The defendant’s interference resulted in damages to the plaintiff

 
Rather than wait until there is interference and then determine if these elements can be satisfied, businesses should be proactive and ensure that their contractual and commercial relationships are made in such a way that anyone interfering with them will be subject to liability. One important factor is that a claim for tortious interference with business expectancy does not require a contract to exist.

Nevertheless, virtually any contract, whether written or oral, qualifies for protection from unreasonable interference. If your company has experienced such interference, consult with a competent and experienced attorney. If you have any questions about possible business interference and your right to seek protection from it or damages in California, please contact Mr. Gourde at (949) 825-6525.

Here is an excellent article about Tortious Interference at Findlaw.com

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Antitrust laws and regulations have had a serious effect on business practices and the organization of U.S. industry. These fall into four main areas: Agreements between competitors, contractual arrangements between sellers and buyers, the pursuit or maintenance of monopoly power, and company mergers.

Why Antitrust Law Matters. Antitrust law is important to businesses and consumers that have been either injured by anti-competitive abuses or accused of employing them. The fundamental purpose of the antitrust laws is to promote strong competition in the markets while also attempting to prohibit anti-competitive monopolists, cartels, and conspiracies. If you operate a company and have to deal with antitrust issues, you need a competent and experienced attorney to assist you.

If you have any questions about antitrust law, please contact Mr. Gourde at (949) 825-6525.

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As part of Mr. Gourde’s services, he will draft and execute formation documents, including:

Preparing and filing articles of incorporation and organization
Drafting partnership agreements, by laws and LLC operating agreements
Filing initial tax documents to obtain the client’s employer identification number
In addition to basic formation services, Mr. Gourde routinely advises his clients on the more nuanced aspects of entity formation including:

Preparing of shareholders’ agreements and documenting buy-sell arrangements, whether funded or unfunded
Drafting terms dealing with issues of management and control, capitalization and shareholder voting
Succession planning for both intra-family and inter-family owned entities
Of course, once a business is fully operating, the need for strong, cost-effective legal guidance does not cease. Mr. Gourde offers services in basic and advanced corporate governance as well as handling those exceptional situations that can have serious consequences for your business. The firm’s on-going entity support includes:

Structuring the division of a business or the departure of an owner or executive
Corporate mergers, acquisitions and reorganizations, including recapitalization of subchapter S corporations
Negotiating, drafting and executing joint venture agreements
Analyzing and counseling on personnel issues, including negotiating and drafting employment and independent contractor agreements, consulting agreements, and separation agreements
Drafting non-competition agreements
Counseling on and negotiation of compensation arrangements, including deferred compensation planning for executives, stock options and phantom stock agreements
If you wish to form or currently operate a corporation, partnership or LLC, you should consult with a competent and experienced attorney who can assist you.

If you have any questions about corporations, partnerships and LLC formation services, please contact Mr. Gourde at (949) 825-6525.

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• Written
• Oral
• Expressed or Implied

There are minimum requirements for a party to be contractually bound to a contract. The general requirements are that the agreement be between two or more parties, the parties must have the mental capacity to understand that they are entering into a binding contract, there is a mutual consideration by the parties and the contract is not made in violation of any law or regulation. For example, when an individual or company enters into an agreement for the purchase of goods or services, it is expected that both parties will abide by the terms of the agreement. Consequently, when one or more of the parties to the contract fails to perform as anticipated, it is a breach and it is important to obtain an experienced lawyer to protect the interests of the wronged.

Mr. Gourde, over the past several years, has represented businesses and individuals in a wide range of contract matters, including breach of contract and anticipatory repudiation claims. He recognizes that no two cases are identical and that every case requires meticulous preparation and a creative strategy to obtain the desired results. If you have entered into a binding contract and one of the other parties has failed to meet the terms of the agreement, he can assist you to recover damages for losses incurred.

If you have any questions about contract disputes and breach of contract claims, please contact Mr. Gourde at (949) 825-6525.

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If you have a company that needs assistance navigating these types of tax issues, you may contact Mr. Gourde, an experienced attorney in dealing with EDD and FTB tax matters and claims.

If you have any questions for Thomas Gourde, EDD Tax Attorney, about EDD and FTB tax liability claims, please contact us at (949) 825-6525.

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Thomas Gourde, E&O Insurance Attorney California, specializes in navigating around such difficult claims requires a thorough and complete understanding of potential exposure to a claim, the potential damages, the available defenses and regulatory and licensing consequences. During his years of practice, Mr. Gourde has consulted on liability and fiduciary issues with and represented company directors and officers, brokers in both the real estate and financial industries and those who provide investment advice and financial planning.

If you have questions about such claims, either because you want to protect against them or one is pending against you, you can contact Mr. Gourde and he can assist you in a professional and efficient manner while seeking to keep your legal fees as reasonable as possible.

If you have any questions about E&O Liability, director and officer liability or broker liability, please contact Mr. Gourde at (949) 825-6525.

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Types of Insurance Defense

Mr. Gourde is capable of mediating and negotiating complex property and personal injury claims. He has a record of saving his clients in frivolous and inflated claims for over 25 years. Insurance defense matters fall generally within the following legal areas, among others:

• Personal injury
• Products liability
• Professional liability
• Property damage
• Crop loss
• Minor’s compromises
• Coverage issues
• Statements under oath
• Under insured and uninsured defense
• Construction claims
• Homeowners claims
• Automobile claims
• Premises liability
• Employment law
• Potential fraudulent claims
• Appellate practice
• Subrogation

 
Mr. Gourde professionally handles California insurance defense matters throughout California in both state and federal courts. If your insurance firm is seeking experienced and effective legal counsel to lead your settlement negotiations or trial efforts contact Mr. Gourde at (949) 825-6525.

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If you believe you have a bad faith claim, Mr. Gourde can assist you by reviewing your policy, determining coverage, and investigating whether or not the insurance company denied or handled the claim properly.  Because the laws that regulate insurance litigation can be complex, it is important to retain an attorney who is well-versed in this area.  In the recent years, Mr. Gourde has represented many individuals regarding insurance coverage matters and has handled bad faith litigation involving a wide variety of claims arising out of numerous types of policies, including commercial general liability policies, company director and officer liability policies, property and casualty policies, and life and disability insurance policies.

If you have any questions about Insurance Coverage and Bad Faith Claims, please contact Mr. Gourde at (949) 825-6525.

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Protecting Your Intellectual Property

There are three main mechanisms for protecting intellectual property in the United States: copyrights, patents and trademarks. Each mechanism has its unique filing requirement and each is designed to protect a different type of property, i.e. a logo (trademark) as opposed to a computer program (copyright).

For example, trademarks help brand a company. A trademark or service mark includes any word, name, symbol, device, or any combination thereof, used or intended to be used to identify and distinguish the goods or service of one seller or provider from those of others, and to indicate the source of the goods or service. There are several advantages to having a trademark as it provides notice to public of a claim of ownership of the mark.

Areas Of Intellectual Property Rights California

We can help you with any of the following issues:

• Intellectual Property Rights – To protect a new invention, patent rights must be applied. The provision of patent rights is exclusively federally regulated in the US through the US Patent and Trademark Office (OSPTO).
• Trade Secrets
• Trademarks
• Creator Rights
• Contractual Protection of Immaterial Property and Non-Disclosure and Confidentiality Agreement (NDA)
  Consultant Innovations and Proprietary Rights Assignment Agreement
• License Agreements
• Legal Information

 
It is important for a company to protect itself and that consumers become loyal based on the brand of the company. Consequently, brand loyalty is established through effective logos, slogans and visual elements that help create a connection between the consumer and the product. Mr. Gourde has experience in intellectual property and has the resources and knowledge to protect your trademark. If you have any questions about Intellectual Property, contact Mr. Gourde at (949) 825-6525.

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California Employment Law for Employees

California employers are subject to some of the most restrictive employment laws in the nation. In California, employees are given a wide variety of benefits and entitlements related to wages, overtime pay, meal periods and rest breaks. California is considered one of the most employer regulated and employee-friendly states in the U.S., with strict limits on work hours and other provisions often onerous on businesses and generally favorable to workers. As an employer, you may need experienced council to insure you are aware of and in compliance with California employment law.

Areas Of California Employment Law

• Independent agent and contractor arrangements
• Litigation defending employers in state and federal courts in all types of employment matters, including wrongful termination, sexual harassment and employment discrimination cases
• Wage and hour issues and Fair Labor Standards Act (FLSA) compliance
• Investigation and defense of and hostile workplace claims
• Employer policy and procedures manuals
• Americans with Disabilities Act (ADA) matters
• Trade secrets protection/Non-compete limitations
• Employment discrimination, civil rights and sexual harassment claims
• Occupational Safety and Health Administration (OSHA) cases
• Employee Retirement Income Security Act (ERISA) cases
• Unemployment compensation disputes
• Employment and consulting agreements for employees
• FMLA (Family and Medical Leave Act) rules and regulations

 
Here is a link to the State of California Labor and Workforce Development Agency, Labor Laws and Regulations.

Experienced California Employment Law Attorney

For any business, large or a small, an experience California employee law attorney is beneficial. Trying to understand California labor law can be overwhelming. However, with an experienced advocate and counselor, you can have the protection you need. Our goal is to help your company navigate these laws and to keep you in compliance with rules and regulations related to company polices and procedures regarding employee benefits, compensation, discrimination, health and safety, time off and more. If you have any questions about California employment law, please contact Mr. Gourde at (949) 825-6525.

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