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Brown & Charbonneau Blog

Hiring Employees in SoCal? 5 Documents Business Owners Need

A hiring boom is taking hold in SoCal as businesses rapidly begin reopening in the wake of the COVID-19 pandemic. As you begin bringing new employees on board, be sure to remember that each time you hire an employee, you commit to following all California and federal employment laws. To make sure that you’re remaining […]

What Are The Declarations of Disclosure in a Divorce Case?

If you are going through a divorce or legal separation, you should be familiar with California’s disclosure requirements. These financial disclosure requirements are very strict, and compliance with them is of the utmost importance. California requires both a Preliminary Declaration of Disclosure, and a Final Declaration of Disclosure. The Preliminary Declaration of Disclosure Parties in […]

Principal & Agent Liability in California

This article defines and explains the legal concept of Principal and Agent Liability in California. In certain circumstances, a person can be held liable for the actions of another. One of the most common of such situations is called “principal-agent liability.” This situation can come into play when an agency relationship is created. Creation of […]

Brown & Charbonneau, LLP Secures Settlement For Victims Of Ponzi Scheme And Elder Abuse

The business litigation and trial specialists at Brown & Charbonneau, LLP  represented the niece and Trustee of a family trust with six beneficiaries following the death of their elderly aunt.  The aunt was 101 years old at her death.  She and her deceased husband worked for decades to build a substantial estate to leave their […]

Top Business Lawyers in Orange County

Some of the world’s largest companies call Orange County, CA home, while thousands of additional businesses are also headquartered in our neck of the woods.  From Boeing to Bank of America, Corp., to major retailers including Target and Walmart, business is typically booming in Orange County. Whether you’re a startup, small business owner, or employ […]

Strategic Lawsuits Against Public Participation (SLAPP Suits) in California

Far too often litigants file lawsuits strategically for the purpose of chilling a person’s free speech and expression. These lawsuits are commonly described using the acronym SLAPP, or “Strategic Lawsuits Against Public Participation.” The threat of these lawsuits presents potential defendants with choice of either curtailing their constitutionally protected speech, or undergoing a lengthy and […]

Oral Contract or Agreement to Agree?

Oral Contract or Agreement to Agree? Generally, a contract need not be written to be valid and enforceable under California law unless the subject matter of the contract is subject to California’s statute of frauds. However, where the parties intend that an agreement be reduced to writing, a written agreement is necessary. Contract Formation and […]

Top-Rated Trial Lawyers Southern California

It is estimated that more than 90% of legal claims never make it to trial. There are plenty of reasons why cases are never heard before a jury. Most often, a settlement between parties can be reached through negotiation. In other cases, legal disputes are resolved through alternate dispute resolution including mediation or arbitration. Other […]

Top Business Lawyers Orange County

Whether you’re a startup, small business owner, or employ thousands in Orange County, chances are at some point you’re going to need the counsel of top business lawyers in Orange County. Some of the world’s largest companies call Orange County, CA home, while thousands of additional businesses are also headquartered in our neck of the […]

Southern California Corporate Attorneys

Southern California corporate attorneys are lawyers who have significant expertise in corporate and commercial law.  It is the responsibility of a Southern California corporate attorney to ensure that the companies they represent are complying with corporate laws and regulations. Corporate attorneys may work in conjunction with a company’s legal team or may represent companies who do not […]

Civil Jury Trial Protocols – Orange County Superior Court

Orange County Superior Court opened for in-person Civil jury trails September 1, 2020. The Court has adopted the following safety protocols. Answering ready for trial Trial calls are remotely conducted Cases will answer ready for trial pursuant to the Process to Commence Civil Jury Trial published on August 20, 2020 There are limited number of […]

How To Win A Business Litigation Case – Expert Trial Attorney Greg Brown on ‘You Can Win In Court’ Podcast

Expert Trial Attorney Greg Brown on How to Win A Business Litigation Case With ‘You Can Win in Court’ Podcast Host, Dr. Petra Deeter. Getting Legal Help Brown & Charbonneau, LLP represents individuals as well as large and small companies in cases involving all forms of business disputes. If you are involved in a business […]

Can You Sue Your Business Partner?

A California business litigation attorney knows that suing your business partner is not something that anyone wants to have to do. When you file a lawsuit against a business partner, you are making a disagreement you are having even more adversarial. You and your partner are both likely to spend a lot of money, and […]

CA Executive Order N-80-20

California Executive Order N-80-20 signed by Governor Newsom on September 23, 2020, is summarized as follows: California proclaimed a State of Emergency as a result of COVID-19 on March 4, 2020. The COVID-19 pandemic, social distancing and other public health measures continue to affect individuals, business, and governmental agencies. Many businesses have suffered financial hardship […]

Corporate Directors’ Fiduciary Duty to Monitor – Failure to Comply Could Result in Personal Liability

THE DUTY TO MONITOR Corporate directors should be aware of recent developments in Delaware corporations’ law. Directors of businesses that operate in California, but which are incorporated in Delaware, may have a fiduciary duty to monitor the corporation for any violations of law. Failure to do so could result in personal liability. What are Fiduciary […]

What is Quantum Meruit in California?

What is Quantum Meruit in California?

This article helps to define and describe the legal doctrine of quantum meruit. Business Litigation attorneys provides assistance in situations where a company claims it is owed payment for services rendered or products provided. In some cases, a company will provide a product or service and will not be paid for it. If there was […]

What is a Breach of Contract in California?

A contract is a legal agreement between two parties that establishes obligations for both parties. Each person or company who enters into a contract has both the duty to fulfill contract requirements and a right to expect that the other party will live up to his end of the bargain.  When a party to a […]

What Happens if a Fiduciary Duty is Breached?

What Happens if a Fiduciary Duty is Breached?

An Orange County fiduciary duty attorney can provide help in situations when a fiduciary duty exists and may have been breached. There are many situations where a fiduciary duty exists. For example, attorneys have a fiduciary duty to clients; partners have a fiduciary duty to each other; corporations have a fiduciary duty to shareholders; and corporate […]

Common Causes of Shareholder Disputes

Common Causes of Shareholder Disputes

This article will help to describe and explain the common causes of Shareholder Disputes. Shareholder disputes are a popular reason for a business to experience operational and financial problems. When co-owners become involved in a disagreement, this can cripple the ongoing performance of essential business tasks. It can undermine a company’s reputation and make it […]

Most Common Reasons for Partnership Disputes

Most Common Reasons for Partnership Disputes

A California partnership disputes lawyer helps partners who own a company together to find ways to come to consensus when a disagreement arises, A conflict among business partners could impact normal business operations in adverse ways and could be detrimental to the short-term and long-term success of the business. Finding ways to resolve the conflict […]

What is Considered a Material Breach of Contract?

What is Considered a Material Breach of Contract?

This article defines and describes what is considered a material breach of contract. Orange County business attorneys provide legal representation in contract negotiation and in contract law disputes. There are many circumstances in which one party to a contract is accused of not living up to his part of the agreement. The individual or company […]

What is the Legal Doctrine of “Unclean Hands” in California?

What is the Legal Doctrine of Unclean Hands in California? A plaintiff’s claim to recover under a quantum meruit theory is governed by principles of equity. Mains v. City Title Ins. Co. (1949) 34 Cal.2d 580, 586. In accordance with the maxim that no one can take advantage of his or her own wrong, those […]

Force Majeure and COVID-19

The COVID-19 pandemic is bringing new relevance to an old contractual principal, “Force Majeure.” This clause discharges certain contractual obligations upon the occurrence of a force majeure event.  What obligations are discharged and under what circumstances depend on the language of the specific force majeure clause. These clauses are often included in contracts but historically […]

What are Some Common Types of Complex Commercial Litigation?

Commercial litigation is broadly defined to encompass all legal disputes involving commercial entities and arising out of state and federal corporate law. There are myriad laws regulating businesses in the state of California. If your company is accused of failure to fulfill an obligation or breach of legal duty, you can find yourself being sued. […]

3 Different Approaches to Resolving Shareholder Disputes

3 Different Approaches to Resolving Shareholder Disputes

California shareholder disputes attorneys provide assistance if co-owners of a company become involved in a disagreement. Shareholder disputes can arise in many different situations, but are especially common in closely-held companies and/or in companies where at least some shareholders are actively involved with the day-to-day management of the organization. Shareholder disputes can be detrimental to […]

Orange County Shareholder Disputes Attorneys

Those who financially invest in businesses clearly have a stake in the activities, and decisions made by the business or corporation in which they have invested. Although these individuals, known as shareholders, don’t wield a great deal of power when it comes to the day-to-day operations of the corporation; they do have legal recourse, in […]

What Does it Mean to have a Fiduciary Duty?

What Does it Mean to have a Fiduciary Duty?

An Orange County fiduciary duty attorney can provide help to individuals who are accused of breaching their fiduciary duty and can provide assistance to shareholders who believe that a fiduciary duty has been breached. Legal action can be taken for a violation of a fiduciary duty, so it is important to understand what it means […]

When Can a Corporation Dissolve in California?

Dissolving a Corporation The process by which a corporation ceases to exist is called dissolution. Dissolution can occur at any time by a vote of fifty percent of the corporation’s shareholders. There are a number of reasons why a corporation’s shareholders might want to dissolve the corporation. However, California law places certain restrictions on dissolution […]

WHAT IS THE STATUTE OF FRAUDS?

The Statute of Frauds, codified in California Civil Code section 1624, requires certain contracts to be in writing (or that there be written evidence of the contract’s terms). That is, an oral contract (one that is not in writing) may not be enforceable. Contracts that must be in writing include, but are not necessarily limited […]

Orange County Unfair Business Competition and Trade Secrets Attorneys

In California, the Unfair Competition Law prohibits anti-competitive practices, which is designed to protect others from unfair, unlawful, or fraudulent business acts or practices. Likewise, unfair competition law makes it illegal for companies to practice unfair, untrue, deceptive, or misleading advertising (AKA “false advertising”) due to the potential to harm others. In cases of unfair […]

How to Keep Judgment Creditors From Collecting During Appeal

Staying Enforcement of a Judgment Pending Appeal How to Keep Judgment Creditors From Collecting During Appeal. Generally, the perfecting of an appeal stays proceedings in the trial court including proceedings to enforce the judgment or order. This general rule, however, is subject to numerous exceptions, most importantly those concerning money judgments. Money Judgments Enforcement of […]

Can We Collect Our Attorneys Fees If We Win Our Case?

Recovery of Attorney’s Fees in Contract and Other Business Disputes Under the “American Rule” each party to a lawsuit is responsible for their own attorney’s fees. One of the largest exceptions to the American Rule is where attorney’s fees are authorized by contract. California Civil Code Section 1717 functions to make “one-sided” attorney fee provisions […]

Demand for Shareholder Buyouts Under California Corporations Code Section 2000

Oftentimes, owners of corporations and businesses find themselves unable to work together anymore.  What happens when they are 50/50 owners?  How does the corporation move forward?  How can business decisions be made?  In many cases, they cannot. Usually, there are many available options.  But, what happens when one of the owners (or a group representing […]

How to Keep Your Business Safe from Cyber Crime and Fraud

So, we like everyone are preparing to re-open our business soon.  I never looked forward to going to the office like this before.  While doing some research for a client, I had to review many articles on protecting your business from cyber crime, fraud and other malicious acts by the unscrupulous.  So, I thought I […]

Orange County Construction Disputes Attorney

Construction projects involve multiple individuals, bound by contracts, with the end goal of seeing a project through to a successful completion. With countless moving parts, and many dozens of individuals (ranging from architects to subcontractors) involved, putting together a successful construction deal can take months or years, just to get the plans laid out. Because […]

What are the Fiduciary Duties of Managers in Limited Liability Companies?

A manager of a limited liability company (“LLC”) owes certain duties to both to the LLC, and its members. These duties are known as fiduciary duties, and include a duty of loyalty and a duty of care. A manager’s breach of their fiduciary duties will generally entitle the LLC or its members to monetary or […]

Orange County Real Estate Litigation Attorneys

Real estate, particularly in Orange County, CA is a significant investment, which means that when something goes wrong in the purchase, sale, or construction of real estate, there is much at stake for the parties involved. From complex financing to multi-party ownership, to disputes arising between a single seller or owner, to accusations of fraud […]

The 10 Best Tips to Avoiding Business Ownership Disputes

Business disputes can be costly and, in some instances, can be catastrophic for the owners of all types of businesses.  Whether you operate business as a corporation, limited liability company, partnership or other business entity, these 10 tips for avoiding a partnership or shareholder dispute can help your business run smoothly for decades! Have a […]

How Do I Sell Stock in a Corporation?

How Do I Sell Stock in a Corporation? Selling stock in a corporation is not always easy.  This can be especially true with privately help companies.   The business and corporate lawyers of Brown &  Charbonneau, LLP have extensive experience dealing with all aspects of business and corporate law. Brown & Charbonneau, LLP represents individuals […]

Corporate Oversight In the COVID-19 Era

This article discusses and explains the issues of Corporate Oversight In the COVID-19 Era. The duties of a corporation’s board of directors are even more important during the COVID-19 era. The uncertainty in today’s business climate requires corporations to act with more diligence in determining what actions the company needs to take, and a wrong […]

Directors’ and Officers’ Fiduciary Duties When Corporation Insolvent

When a company becomes insolvent, there are changes in the duties owed by the company’s officers and directors. Specifically, insolvency can trigger a fiduciary duty from the company to its creditors. This is called the Trust Fund Doctrine, and corporate officers and directors should be aware of its implications. What are Fiduciary Duties? Officers and […]

Understanding the State and Federal Family Leave Acts

Understanding the State and Federal Family Leave Acts

Over the last several decades, several state and federal laws have been enacted that provide employees with the right to take leave time for medical and/or family issues. For an employer, navigating the various laws to ensure they don’t run afoul of any of them can be difficult. In fact, claims relating to state and […]

Anticipatory Repudiation in Contract Law During COVID-19

This article discusses and explains the issues concerning Anticipatory Repudiation in Contract Law During COVID-19. The COVID-19 pandemic has thrown the business world into a time of uncertainty. Many businesses are trying to adapt to the new circumstances while others are folding entirely. This situation has put many business owners into a position where they […]

What are the Services Offered by a Family Law Attorney?

What are the Services Offered by a Family Law Attorney?

There are many different services offered by an Orange County Family Law Attorney. It is important for families to determine if they will require professional help when they have a legal issue. Although many people have not hired a lawyer before and are not sure where to start with the process, getting proper legal help […]

Usurping (stealing) Corporate Opportunities in Business

The corporate opportunity doctrine precludes officers and directors of a corporation from personally benefiting from opportunities that belong to the corporation. This doctrine applies to partnerships, LLC’s and other business entities¹.  It arises out of a director, officer, partner or member’s duty of loyalty to the business, and operates to prevent conflicts of interest and […]

7 Key Points of the Force Majeure Legal Doctrine

“Force Majeure” or “superior strength” clauses are often included in contracts as a way to excuse a party’s performance in the event that an act of god or other occurrence makes performance impossible. While historically these clauses have had little application, the Covid-19 pandemic is giving them new relevance. Given force majeure’s resurgence in today’s […]

Duties of Directors During COVID-19

Boards of directors managing businesses are facing a very large challenge in today’s business climate. COVID-19 has created extreme hardships for businesses ranging from drops in the supply and demand of products to government mandated closure of businesses. Directors need to be very careful in determining what actions to take with regard to their companies […]

Protecting Your Business from Employment Discrimination Claims

Protecting Your Business from Employment Discrimination Claims

As a business owner, it can sometimes feel as though you are trying to navigate a minefield to avoid a claim of employment discrimination. The virtual maze of state and federal laws that protect applicants and employees from workplace discrimination can be difficult for an employer to keep up with – yet you must do […]

Can A Court Judgment Be Set Aside or Voided?

Was a Judgment Improperly Entered Against You?  Make a Motion to Set it Aside Immediately! California Courts grant judgments in favor of plaintiffs and defendants every single day.  However, often times, errors are made and improper judgments are granted.  There are many different situations in which improper judgments may arise.   For example, a court that […]

Corporate Distributions and Dividends During the COVID-19 Pandemic

COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, corporate businesses may be reluctant to make profit distributions to shareholders, mindful of the potential economic hardships ahead. At the same time, shareholders may be relying on the continuance of regular corporate distributions. When can […]

Alter Ego Doctrine Can be Applied to Two or More Corporations

Some time ago, we wrote about the alter ego doctrine where an individual can be found liable for a corporation’s debts. See our prior article on the alter ego doctrine, commonly known as “piercing the corporate veil”. The doctrine can also be applied when one corporation is the alter ego of another. The doctrine of disregarding […]

Protecting Trade Secrets During COVID-19

The economic climate caused by COVID-19 may be putting your trade secrets at risk. Business closures and mass layoffs increase the risk that someone will steal your trade secrets. That is why it is crucial for businesses to take measures to protective measures now. What is a Trade Secret? A trade secret is information that […]

Was a Contract Formed in the Sale of a Business?

Understanding whether a valid contract exists, and what its terms are, are essential when traversing the sale of your business. Often buyers and sellers may have a different understanding of where the parties are in negotiations, and failing to formally document all agreements may lead to litigation down the road. If you are involved in […]

Price Gouging Under California “Unfair Competition Law” During COVID-19

We have previously talked about California’s “Unfair Competition Law” (UCL).  During COVID-19, there have been many instances of price gouging where people jack up the price of many essential items.  This is unlawful.  So, does the California UCL cover price gouging?  The answer is yes. First, we look at California Penal Code Section 396(b) provides it is […]

Commercial Business Insurance Coverage and COVID-19

California businesses, small and large, are navigating the ups and downs of financial insecurity during COVID-19 (coronavirus) while federal and state subsidy and loan disbursements are still in process. Review your commercial insurance policies and the types of claims your business can make. Commercial Business Insurance Commercial business insurance policies may cover financial shortfalls associated […]

What are Partnership Fiduciary Duties?

What are each partner’s duties to each other and the partnership? Partners owe certain duties to each other and the partnership. These duties are known as fiduciary duties. The Corporations Code outlines the fiduciary duties each partner owes to the partnership, as well as the other partners. Breach of a fiduciary duty generally entitles the […]

California’s “Unfair Competition Law”

Business and Professions Code Section 17200, also known as California’s Unfair Competition Law (“UCL”) prohibits any unlawful, unfair or fraudulent business act or practice.  It also prohibits unfair, deceptive, untrue or misleading advertising. While the statute is called “unfair competition,” its primary purpose is actually consumer protection. UCL Section 17200 is not limited to anti-competitive […]

ANTICIPATORY BREACH OF CONTRACT DURING THE COVID-19 PANDEMIC

COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, business owners may be faced with no choice but to breach a contractual obligation, or be on the other side of a broken contract. An anticipatory breach of contract is a breach based on the words […]

INDEPENDENT CONTRACTORS IN CALIFORNIA DURING COVID-19

COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, how a business classifies its workers has become ever more important, as businesses explore switching to independent contractors to reduce payroll costs, and as employees rely even more on healthcare benefits and eligibility for unemployment […]

Recovery of Attorneys Fees Under “Tort of Another” Legal Doctrine

Recovery of Attorneys’ Fees in California Under the “Tort of Another” Legal Doctrine Under the “American Rule” each party to a lawsuit is responsible for their own attorney’s fees and costs absent a contractual agreement or statutory exception. (Cal. Code Civ. Proc. § 1021). This rule can often lead to inequitable results, particularly where the […]

PARTNERSHIP AND LLC CAPITAL CALLS DURING COVID-19 PANDEMIC

PARTNERSHIP AND LLC CAPITAL CALLS DURING COVID-19 PANDEMIC   COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, partnerships and limited liability companies (LLCs) may be forced to turn to mandatory capital contributions from their members, or “capital calls,” in order to meet financial […]

RESOLVING DISPUTES BY ARBITRATION DURING THE COVID-19 PANDEMIC

RESOLVING DISPUTES BY ARBITRATION DURING THE COVID-19 PANDEMIC Anyone who has ever been involved in litigation understands the long, gruesome process of getting their case to trial. However, this already lengthy process has been turned upside down by the COVID-19 pandemic, which has caused courthouse closures and trial suspensions throughout the State. While it is […]

CA Ins Commissioner Issues Requirement to Accept, Forward, Acknowledge, and Fairly Investigate All Business Interruption Insurance Claims Caused by the COVID-19 Pandemic

CA Ins Commissioner Issues Requirement to Accept, Forward, Acknowledge, and Fairly Investigate All Business Interruption Insurance Claims Caused by the COVID-19 Pandemic GETTING LEGAL HELP Brown & Charbonneau, LLP Partners Brown & Charbonneau, LLP represents individuals as well as large and small companies in cases involving all forms of contractual disputes. If you are involved […]

Brown & Charbonneau, LLP obtains $921,115 in trial!

Brown & Charbonneau, LLP Achieves $921,115 Trial Win 10 Best CA Family Law Firms Brown & Charbonneau, LLP obtained a $921,115 trial award in a dispute over the terms of a divorce judgment.  The award included $613,000 in attorneys’ fees and $100,000 in Family Code 271 sanctions against the other party. In the divorce, wife received […]

Cause of Non Performance In Force Majeure Contract Disputes

A force majeure clause in a contract may excuse a party’s performance if there is an unpreventable occurrence that disrupts contract performance. The COVID-19 pandemic may be such an occurrence as well as many of COVID-19’s affects. For any of these events to trigger force majeure, however, they must be the actual cause of non-performance. […]

Protecting Trade Secrets Under Coronavirus COVID-19 Work From Home Policies

Protecting Trade Secrets Under Coronavirus COVID-19 Work From Home Policies

Proprietary information that belongs to a business can be considered a “trade secret” or  protected confidential information. The law provides protection for trade secrets.  These assets are a form of valuable business property or “intellectual property”.  Employees can be required to keep trade secrets confidential.  They must not to turn around and sell those secrets […]

When You Need Orange County Partnership Attorneys

Orange County Partnership Attorneys Disputes among business partners are incredibly common. There may be all sorts of reasons that you are at odds with your business partner.  But, when problems escalate, it’s time to consult with an Orange County Partnership Attorney. Common reasons that business partners may wind up in a dispute include: Accusations of […]

Impossibility of Performance and the Commercial Frustration During COVID-19

Impossibility of Performance and the Commercial Frustration During COVID-19 COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, business owners may be faced with no choice but to breach a contractual obligation, or be on the other side of a broken contract. Can the […]

Pursuing and Defending COVID-19 Claims and Lawsuits

Pursuing and Defending COVID-19 Claims and Lawsuits

With the COVID-19 outbreak spreading across the globe and causing untold health and economic damage prompting legal action by businesses, consumers, workers, homeowners and many others.  These so-called “coronavirus lawsuits” will come in all shapes and sizes.  Some legitimate, some frivolous.  From breach of contract claims to commercial frustration to employment and wrongful termination cases, […]

The Judicial Council of California Issues Emergency Court Rules due to the COVID-19

The Judicial Council of California – Judicial Branch Administration Issues Emergency Rules in Response to the COVID-19 Pandemic. Due to the immediate and ongoing impact the COVID-19 pandemic is having on California’s judicial branch, and at the request of Chief Justice Tani G. Cantil-Sakauye, Chair of the Judicial Council, the chairs of the Judicial Council’s […]

Overview of Legal Claims Around Fraud, Misrepresentation, & Concealment

Founding Partner and Trial Specialist, Attorney Gregory Brown presents an overview of legal claims around fraud, misrepresentation, and concealment.   If you are involved in a contract dispute, it is smart to speak with a top-rated SoCal business attorney.  In many cases, these disputes can be settled harmoniously without litigation. If litigation is your only […]

Lawsuit Against Officers or Directors of a Corporation

In California, officers and directors of corporations are given principal authority over the primary affairs of the corporation.  By law, officers and directors owe certain fiduciary duties, both to the shareholders of the corporation, and to the corporation itself.  When an officer or director breaches these duties, or engages in other intentional wrongful conduct such […]

Can You Sue Your Business Partner?

Can You Sue Your Business Partner?

A California business litigation attorney knows that suing your business partner is not something that anyone wants to have to do. When you file a lawsuit against a business partner, you are making a disagreement you are having even more adversarial. You and your partner are both likely to spend a lot of money, and […]

Fraud in the Inducement as a defense to breach of contract claim.

Fraud in the Inducement as a defense to breach of contract claim. Business litigation attorney Gregory G. Brown recently represented a multi-state mortgage lender in a high six-figure contract dispute over the development and performance of an online marketing software engine and lead development campaign. The binding commercial arbitration occurred at JAMS Orange County. The […]

Common Types of Business Litigation

Common Types of Business Litigation

This article discusses and explains common types of business litigation. When you are involved with operating a company, you want to make smart and informed choices to minimize the chances of becoming involved in business litigation. Managing and mitigating risk is important, so you should get appropriate legal advice to try to reduce the chances […]

How Long Does a Breach of Contract Case Take to Resolve in Court?

How Long Does a Breach of Contract Case Take to Resolve in Court?

SoCal business litigation attorneys can provide assistance in resolving cases arising out of an alleged breach of contract. Contracts govern many transactions that individuals and businesses enter into. When you sign a contract, you and the other party to the agreement are bound by it. If you fail to perform, you could be sued for […]

What Is A Fraudulent Transfer And How To Collect?

What Is A Fraudulent Transfer And How To Collect?  There are times when a person or company may try to avoid payment of a debt or potential debt by fraudulently transferring property to family, friends or other third parties. This is sometimes referred to as an attempt to become “judgment proof.” If you are a creditor […]

Differences Between a Bench Trial and a Jury Trial

Differences Between a Bench Trial and a Jury Trial

Orange County trial lawyers can provide assistance with making strategic decisions during the course of civil proceedings. One decision that you may have to make is whether you want a trial by jury or a trial by the court. This decision can impact the outcome of the legal proceedings, sometimes in profound ways, and it […]

What Are Some Common Reasons Companies are Sued?

What Are Some Common Reasons Companies are Sued?

If your company is sued, you need to get in touch with a California Corporate Litigation Attorney immediately. A lawsuit could damage the reputation of your business, could cost you money to defend against, and could result in a verdict against your business and in favor of the plaintiff. You need to be proactive and […]

What is a Preliminary Injunction?

A preliminary injunction restrains a party from taking certain actions during the pendency of the case, before a trial can be held (usually much later).  Thus, Courts evaluate requests for preliminary injunctions with great caution, as they are essentially making a ruling that will substantially affect the legal rights of a party to do or not do […]

What Factors Make it Harder to Settle a Civil Case?

What Factors Make it Harder to Settle a Civil Case?

Business litigation attorneys represents individuals and companies who are involved in business disputes. Our goal is to represent our clients assertively, to help them to understand their rights and the worth of their case, to conduct investigations to make a strong claim, and to help clients get the best overall outcome in their case. Often, […]

What Is a Shareholder Derivative Lawsuit?

What Is a Shareholder Derivative Lawsuit?

This article will help to define and discuss what a Shareholder Derivative lawsuit is and what a board member or shareholder needs to know.  A corporation operates like a well oiled machine when it is operating properly. There are numerous moving parts in the form of a Board of Directors, Officers, managers, and shareholders that […]

Do Purchase Orders Create a Contract?

A purchase order is a document that a buyer sends to a seller. The purchase order provides details on what the buyer is requesting from the seller. However, the purchase order by itself does not create a contractual agreement between the buyer and the seller. Purchase orders create a contract when the seller accepts the […]

How Can a Business Litigation Lawyer Help in a Breach of Contract Case?

How Can a Business Litigation Lawyer Help in a Breach of Contract Case?

An Orange County business litigation lawyer can provide you with assistance in a breach of contract case so you can take appropriate legal action. Whether you are accused of breaching a contract or you are accusing someone else of breaching a contract, you need to know how the law works and how you can make […]

WHAT SHOULD I DO IF THERE IS A STALEMATE IN MY BUSINESS WITH A CO-OWNER?

Disputes among co-owners of a business are a common problem, and can arise for a variety of reasons. These may include differences in opinion on key decisions or management style, changes in company goals or strategy, and personal issues or other commitments. Many disputes will be resolved through open discussion, compromise and change. However, sometimes […]

What is Breach of Fiduciary Duty? Definition and Examples of Fiduciary Duty in California

Defining fiduciary duty requires an understanding of what constitutes a fiduciary relationship.  In simple terms, a fiduciary relationship can be defined as one in which one party (Party A) in a transaction places their complete trust in another party (Party B) to act in the best interest of Party A.  More specifically according to California […]

What is the Burden of Proof in a Civil Case?

What is the Burden of Proof in a Civil Case?

Civil litigation refers to the process in the legal system that allows one individual, business, or entity to pursue a legal claim against another person, business or entity.  Unlike in the criminal justice system, the state is not involved in bringing charges or making claims in civil litigation.  Jail time is not a remedy in a […]

What is Arbitration?

Arbitration Anyone who has ever been involved in litigation understands the long, gruesome process of getting their case to trial, but not many know that our judicial system allows alternative methods for resolving disputes. Arbitration is a substitute for a proceeding in court and is a form of Alternative Dispute Resolution (ADR). It involves a […]

If I Am Going into Business with Family and Friends, Do I Need a Buy-Sell Agreement?

If I Am Going into Business with Family and Friends, Do I Need a Buy-Sell Agreement?

If I Am Going into Business with Family and Friends, Do I Need a Buy-Sell Agreement? from Gregory Brown Without a buy-sell, you could end up with an interest in the business going to someone’s ex-spouse in a divorce. Learn more about If I Am Going into Business with Family and Friends this presentation.  

How Do I Get Out of Partnership?

Getting into a partnership, like a marriage, is easy. Getting out, however, is also like a marriage and is at times quite challenging! 1.  Review the Partnership Agreement First, if you have a Partnership Agreement, it may provide your options for exiting or dissolving the partnership. Revisit the Agreement and review your options. If you […]

What are UCC Filings and How Does UCC Filing Removal Work?

The Uniform Commercial Code (UCC) establishes uniform regulations designed to be adopted by all states in order to encourage uniformity of laws. While Uniform Codes do not have to be adopted, most jurisdictions choose to adopt them in whole or in part in order to confirm with accepted practices throughout the country. The UCC, in […]

What is a Third Party Beneficiary?

Typically, only parties who make a contract have the legal right to go to court and enforce it. The contract agreement creates private law binding both parties and either of the parties who signed the contract can pursue a claim for damages if a breach occurs.  Others who may be affected by the contract do […]

When is a Contract Considered Mutually Drafted?

This article discusses when a contract is considered mutually drafted. The average person enters into many different types of contracts in their lifetime. Whether its signing up for a credit card, buying a car, agreeing to an extended protection plan on a television, or signing an employment agreement, chances are you have no input in […]

Settlement Offers Under Code of Civil Procedure section 998

A settlement offer made under CCP 998 imposes certain consequences/penalties in the event the offer is rejected and a “more favorable judgment or award” is not obtained at trial, as follows: Mandatory:  A plaintiff loses the right to recover court costs incurred after the offer was made and, in addition, must pay the defendant’s postoffer court costs. The plaintiff may […]

Employer Labor Commission Proceedings

Labor Commission proceedings are set up as streamlined, less formal proceedings, to allow employees the opportunity to pursue claims against their employers with minimal cost.  An employee or employer is not required to be represented by counsel, and often times is not. While Labor Commission proceedings are generally considered more “employee friendly” than civil actions, […]

What Happens if A Nursing Home's Negligence Causes a Death?

What Happens if A Nursing Home’s Negligence Causes a Death?

Whenever a nursing home causes harm, an elder abuse lawyer should be consulted by the victim. The nursing home may be held accountable both for its own negligent failures to have policies to protect patients, as well as for the negligence of staff members on duty.  The consequences of abuse can be dire, and taking […]

What Are the Remedies for Breach of Contract?

What Are the Remedies for Breach of Contract?

What are the Remedies for Breach of Contract? Breach of contract disputes happen every day in Southern California.  If you’ve been harmed by another’s failure to uphold their legal obligation, you may have recourse.  First, it’s necessary to determine whether the breach of contract constitutes a partial breach of contract, or a total breach of […]

What Are Your Rights to Partnership Accounts and Record Keeping?

A partnership may be formed whether or not the parties intend to form one, and its existence does not depend on a formal written agreement. Once a partnership is formed, then, it is important for you to know what your rights are in relation to the partnership accounts, recordkeeping, and partnership profits and losses. Capital […]

How do I Collect a Judgment After Winning a Case?

In civil litigation, winning your case is not always the end of the legal process. In some situations, the person or company that you recover money from does not pay as promised. When this occurs, you can get a court order to enforce the judgment. There are a variety of different ways to collect a judgment […]

What are the Different Types of Construction Contracts?

What are the Different Types of Construction Contracts?

This article will help to describe and explain the different types of construction contracts. Construction law aims to protect both builders and buyers or developers as they enter into agreements to improve real property. Whether you are building a structure from scratch or improving an existing structure, construction projects typically involve significant amounts of money […]

When Can A Contract Be Undone?

When a contract dispute arises, parties often look for ways to rescind the contract. A rescission is not merely a cancellation of a contract. Rather, a rescission will put the parties back to the day the contract was signed and the contract itself will be treated as if it never existed. This determination by a […]

Are Others Interfering With Your Contracts and Business Operations?

Are Others Interfering With Your Contracts and Business Operations?  Competition is fierce in business. Most of the time, the competition is fair. However, in many cases, competitors or even others simply interested in harming your business, commit unlawful acts. The business litigation attorneys of Brown & Charbonneau, LLP can help. In addition to traditional unfair competition, […]

What is The Discovery Process in Civil Litigation?

What is The Discovery Process in Civil Litigation?

When you are a plaintiff or a defendant in a civil case, you will need to go through the discovery process. You should have a civil litigation attorney representing you during this process to ensure you are able to obtain the information you need to make your case.  Brown & Charbonneau, LLP has extensive experience […]

Should I Sue for Breach of Fiduciary Duty?

Should I Sue for Breach of Fiduciary Duty?

Certain relationships create legal duties for individuals. For example, shareholders and executives of a company have an obligation to act in the best interests of their business. Because there are varying degrees of legal obligations which may be imposed depending upon the specific circumstances and the specific nature of relationships between people and businesses, there are […]

When is Mediation an Appropriate Method of Dispute Resolution?

Mediation is a method of resolving disputes that puts the outcome of the disagreement in the hands of the parties involved. Mediation can be a much less adversarial, much more effective way to resolve disagreements in many situations. However, mediation is not always a viable solution.  To determine if mediation is an appropriate method of […]

5 Reasons to Work with Experienced Orange County Trial Attorneys

5 Reasons to Work with Experienced Orange County Trial Attorneys

Orange County trial attorneys provide invaluable assistance to companies which are involved in civil litigation. Civil litigation is very common in business, as companies and individuals use the legal system to assert their rights. For example, your company could find itself involuntarily involved in business litigation if you are sued by a disgruntled customer or […]

What if There's an Arbitration Clause In Your Contract?

What if There’s an Arbitration Clause In Your Contract?

A California business litigation lawyer can provide assistance in resolving disputes that arise affecting your company. When businesses contact a litigation lawyer, they may assume their attorney will be providing them with assistance during court proceedings. This can, in fact, happen as an experienced litigator is always prepared to enforce your rights and make effective […]

What is a Secured Transaction?

There are two primary types of loan transactions. One type is considered an unsecured transaction and the other is classified as a secured transaction. When a loan is secured, there is more protection for the lender and there is a greater risk to the buyer if a default occurs. It is important for debtors and […]

LABOR COMMISSION PROCEEDINGS

Labor Commission proceedings are set up as streamlined, less formal proceedings, to allow employees the opportunity to pursue claims against their employers with minimal cost.  An employee is not required to be represented by counsel, and often times is not.  Here are the general steps required to obtain a resolution using the Labor Commission proceedings: […]

Was Judgment Entered Against You? Make a Motion to Set it Aside Immediately!

California Courts grant judgments in favor of plaintiffs and defendants every single day.  However, often times, errors are made and improper judgments are granted.  There are many different situations in which improper judgment may arise.   For example, a court that renders judgment may not have had proper jurisdiction in the first place.  In another case, […]

What Kinds of Cases Do Business Litigation Lawyers Handle?

What Kinds of Cases Do Business Litigation Lawyers Handle?

Orange County business litigation lawyers provide representation in a wide variety of different legal cases. If you are considering initiating a claim on behalf of your business or if your company has been sued, you should find an attorney who has experience with business litigation and who has experience with the specific type of legal […]

Is Arbitration better Than Litigation for Businesses?

Is Arbitration better Than Litigation for Businesses?

A Southern California corporate litigation attorney can assist you in determining the best approach to resolving business disputes. An attorney can provide you with advice on the best options for resolution, regardless of whether you are a plaintiff or a defendant in a particular legal matter. Your attorney can also assist you in taking steps […]

Pros and Cons of Sole Proprietorships

Pros and Cons of Sole Proprietorships

This article discusses the Pros and Cons of Sole Proprietorship. Orange County business lawyers help you to decide what type of business structure is the right one for your particular situation. You have different options regarding how you structure the business that you are operating and the decision you make regarding what type of business […]

Can Child Support Payments Continue After a Child Turns 18?

The amount of child support that is due is determined based on a standard formula that is established under California law. A parent who is under order to pay child support will typically have money automatically collected from his or her paycheck so it can be provided to the parent who has primary or sole custody […]

The 5 Important Things To Do Before Filing for Divorce in California

The 5 Important Things To Do Before Filing for Divorce in California Understand your marital estate (all your stuff). Before consulting with a divorce lawyer, one of the most important things you can do is to understand the extent of your marital estate. The marital estate is typically composed of the assets and debts you […]

Why is it Important for There to be a Bona-Fide Reason for Certain Job Requirements?

Why is it Important for There to be a Bona-Fide Reason for Certain Job Requirements?

Southern California employment lawyers provides advice to employers and employees on laws that govern the employment relationship. Brown & Charbonneau, LLP can represent you if you are an employee and you feel that your employer may have violated state or federal laws on discrimination, workplace safety, or wage payments. We can also provide representation to […]

How Long Does a Civil Lawsuit in California Take?

Many legal disputes result in civil litigation. This can include disputes over injuries, as well as disputes over breach of contract. Employment law cases and defective products claims are also among the many types of cases resolved in civil court. Because lawsuits are filed for so many different reasons, many businesses can expect to become […]

Who Pays for Medical Insurance After Divorce?

Health insurance is a big expense for many families. Typically, one spouse is offered health insurance through his or her work and the policy provides coverage for the whole family (including spouses and children). When this is not the case, the couple may purchase a policy on the health insurance exchange or otherwise buy private […]

Legal vs. Physical Custody in California

In the state of California, parents must create a parenting time and visitation plan for their children when the parents separate or divorce. Parents should try to negotiate this plan themselves before taking the issue of custody before the judge. It is so important for parents to try to decide on custody themselves that they […]

What is Anticipatory Repudiation (or expected breach of contract by the other side)?

Anticipatory repudiation occurs in contracts where one party to a contract thinks the other side is going to breach the contract.  For example, the seller of real estate may say that they are refusing to go through with the sale before the actual closing date.  It can apply is most any contract setting like real […]

When Should I Appeal a Civil Case?

When Should I Appeal a Civil Case?

When a dispute arises between private individuals or businesses, it is resolved in civil litigation with each party presenting his or her case with the help of a civil litigation attorney. You or your company may be the plaintiff or defendant in a wide variety of civil cases, from claims arising from breach of contract […]

Arguing Against a Prenup Position on Spousal Support

Arguing Against a Prenup Position on Spousal Support

Spousal support may be ordered when a marriage ends if there is a disparity in the income of the two spouses. Spousal support can be awarded on a temporary basis and, if the marriage was a short one, it is common for support to be granted for half of the time the marriage lasted. This […]

Create Your Business Emergency Binder & Thumb Drive (Digital Version)

Create Your Business Emergency Binder & Thumb Drive (Digital Version) You may your critical documents and records set up for your home and family. But, what about your business?  A Quick Reference Emergency Business Binder is just as important.  This should include all of your important business documents and resources. HOW TO CREATE A QUICK REFERENCE EMERGENCY […]

What is a Shareholder Derivative Action?

Shareholders are individuals who have an ownership stake in a corporation. The shareholders’ investments are affected by the decisions that corporate officers make. Corporate officers are expected to act in the best interests of the business at all times, and have a fiduciary obligation to do so. If a corporate officer, board member or executive […]

Spousal Support Rules: Does My Spouse Have to Work Full Time?

California courts may award spousal support in situations where there is an earning disparity between two members of a couple who get divorced. Either a husband or wife may be required to pay spousal support, depending upon who has the higher income. California Family Code Section 4320 addresses the issue of spousal support.  The length […]

What are Shareholders’ Legal Responsibilities to Each Other?

A shareholder is a person who has an ownership interest in a company. The extent of the ownership interest depends upon the amount of stock in circulation and the amount of stock owned by an individual investor. A publicly traded company may have thousands or millions of shares, each owned by small investors. Minority shareholders may have […]

How Does the Business Judgment Rule Work?

How Does the Business Judgment Rule Work?

Orange County business lawyers provide representation to those involved in running a company who end up facing a lawsuit. This includes those who own companies, who are on company boards, and who are in leadership or executive roles within corporations and other professional organizations. Company owners and corporate executives are among the individuals who have […]

What is Cumulative Voting?

Shareholders have the opportunity to vote on many different matters of importance to the company they own, including on who should make up the corporate board. In a typical corporate structure, each holder of company stock is entitled to cast one vote for each share of stock the shareholder owns at the time when a […]

Incorporating in California v. Nevada

Incorporating in California v. Nevada Choosing to establish a business as a formal legal entity is a big decision. Business owners have several different types of business entities to choose from, along with deciding which state they should form their entity in. When entrepreneurs in California make the decision to form a corporation, they often ask […]

Should You Hire a Forensic Accountant During a Partnership Dispute?

Should You Hire a Forensic Accountant During a Partnership Dispute?

When shareholder disputes or partnership dispute arise, one of the biggest issues that usually leads to the disagreement is the financial management of the company. One or more partners or shareholders may believe that co-owners of the business organization are embezzling funds or spending in a wasteful and damaging manner. These types of allegations are […]

What Are the Consequences of Elder Abuse?

What Are the Consequences of Elder Abuse?

If you or someone you love was affected by elder abuse, it becomes important to talk with an elder abuse attorney. The consequences of elder abuse are grave, both for seniors and for family members of seniors who were victimized by a caregiver or in a nursing home. It is imperative to do everything possible […]

Understanding Constructive Fraud in California

Understanding Constructive Fraud in California

Many civil claims arise out of fraud because fraud can cause substantial monetary loss and because fraud occurs far too frequently in business transactions. However, if a plaintiff is to be successful in a typical fraud claim, intent to deceive is generally required. Proving intent to deceive can sometimes be difficult.  Constructive fraud is a […]

Can My Business Partners Lock Me Out?

What do you do when your business partners lock you out? You started the business together, but now they want nothing to do with you. You know you have rights, but what are they? Depending on what steps you took before entering the partnership, this process can be simple or complex. 1.  What Does A […]

When Does a Partner Breach a Fiduciary Duty?

When Does a Partner Breach a Fiduciary Duty?

Southern California partnership disputes attorneys provides assistance when disagreements arise among co-owners of a company. In many cases, with the right legal help, disputes can be resolved outside of court and a partnership can become stronger as a result of effective compromise and the partners working together to find creative solutions. There are some situations, […]

Directors and Officers Can be Liable for Fraud

Directors and officers of a corporation are protected from liability under the business judgment rule. This legal doctrine provides leeway to those in charge of running a company. Because of the business judgment rule, a court will not question the business decisions that directors and officers make provided that they act in good faith, in the best interests of […]

What Remedies Are Available for Construction Defects?

What Remedies Are Available for Construction Defects?

An Orange County real estate litigation lawyer can provide you with assistance if construction defects arise in a project that you are involved in. Many different types of problems can arise that impact the construction process and that result in a finished project which does not satisfy the needs of the owner.  Some of these […]

Rights of Shareholders to Corporate Dividends

A corporate distribution to its shareholders (or “dividend”) is the transfer of cash or property from a corporation to its shareholders, without consideration, by virtue of the fact that the shareholders own shares in the corporation. Corp. Code § 166. Distributions are Discretionary The most important rule underlying corporate distributions to its shareholders is that the distributions […]

Can I Get Spousal Support While I Go Back to School?

Can I Get Spousal Support While I Go Back to School?

Spousal support is intended to help a lower-earning spouse to maintain a reasonable standard of living similar to the standard enjoyed during the marriage, even when a divorce occurs. The court may determine the amount of spousal support that is appropriate if the couple is unable to come to their own agreement on alimony after […]

What is Specific Performance and Why Does it Matter in Real Estate Cases?

What is Specific Performance and Why Does it Matter in Real Estate Cases?

An Orange County real estate litigation lawyer can provide assistance to buyers and to sellers of residential real estate or of commercial real estate. If problems occur during real estate transactions, the consequences can often be dire as the parties to the transaction may suffer significant financial loss. Brown & Charbonneau, LLP helps those involved […]

Do Partnership Agreements Help Resolve Business Disputes?

Do Partnership Agreements Help Resolve Business Disputes?

Partnership agreements can help to resolve partnership disputes and can provide assistance in making sure such disputes do not arise in the first place. A partnership agreement is one of the most important documents you need to create if you are beginning a business and will be working with others to run your company.  Brown […]

What Are the Most Common Reasons for Construction Disputes?

What Are the Most Common Reasons for Construction Disputes?

Southern California construction disputes attorneys at Brown & Charbonneau, LLP can provide representation to developers, contractors, subcontractors, property owners and others who are involved in a conflict that arises from a residential or a commercial construction project. Both new construction and remodeling projects often involve substantial amounts of money. Unfortunately, the large amounts of funds […]

What is the Impact of Remarriage on Spousal Support?

Spousal support can provide financial security to a lower-earning spouse to ensure that his or her quality of life does not decline drastically at the end of a marriage. A couple can agree on an appropriate amount of spousal support or the court can order one spouse to pay support to the other.  Once an agreement […]

How Often Should You Update Your Business Plan?

How Often Should You Update Your Business Plan?

Southern California business attorneys can provide you with assistance in determining how frequently a business plan needs to be updated. Companies should have a comprehensive business plan both when they first start operating and once they are established. This business plan can be used to help set goals, resolve disputes, and ensure that the company […]

Pros and Cons of Suing an Employer for Discrimination

Pros and Cons of Suing an Employer for Discrimination

California business attorneys provide advice to companies on the steps they can take to reduce the chances they will be sued.  Brown & Charbonneau, LLP can also provide representation to employees who want to take action against their employers in cases where they are discriminated against or treated improperly. Unfortunately, discrimination at work happens far-too-often […]

What Do I Have to Prove in a Defamation Claim?

False negative statements that are made about you can affect your reputation. You could lose out on money and employment opportunities and face other damages if false statements are published about you.  The publishing of false statements is referred to as defamation. You can file a civil lawsuit for defamation to recover compensation for losses […]

How Does a Domestic Violence Restraining Order Impact a California Divorce

In California, the standard grounds for divorce are no fault grounds. This means that even in situations where one spouse has been accused of domestic violence, the divorce still proceeds based on irreconcilable differences.  While an accusation of domestic violence will not necessarily affect the grounds for divorce, this does not mean that violent behavior from […]

What is the Definition of a Contract in California?

A contract is an agreement that is given the full force and weight of the law. Contracts essentially create private law. Parties may negotiate and agree to a deal and will both be bound by the terms of the agreement. Contracts are essential to doing business and there are clear laws in place designed to […]

What is “Discovery” in a California Divorce Case?

What is discovery in a divorce case?  The short answer – information, testimony and documents from the other side.  If you are in the process of a divorce, you may have already “discovered” many things about yourself, your spouse and the legal process of a divorce. During the divorce process, you may also find out […]

What Does Piercing the Corporate Veil Mean?

Many people incorporate their businesses in order to avoid becoming personally liable for the company’s losses. When a business is incorporated, owners and shareholders cannot lose more than the money they invested into the business. If the company is not incorporated, but instead is operated as a sole proprietorship or partnership, the business owners could […]

Unilateral Mistake of Fact in California

What is the doctrine of unilateral mistake of fact in California? A unilateral mistake of fact occurs when only one party understands the facts to be other than they really are. M.F. Kemper Constr. Co. v. City of Los Angeles (1951) 37 Cal.2d 696, 701.  A contract is void, or are may be avoided, on […]

Child Support Obligations of Non-Biological Parents

California law is very strict regarding a parent’s obligation to a child. Every parent is responsible to support all of his or her children. Even a parent who does not see his kids and who is not involved with them must pay support. Parents cannot waive a support obligation in a prenuptial agreement and the […]

How To Get Corporate Financial Records as a Shareholder

Shareholders are entitled to know how the corporation they own is performing financially.  The company’s board of directors and executives have a fiduciary obligation to shareholders, each of whom own a portion of the company. Shareholders have the right to know what the organization’s financial state is and whether the board and executives are managing […]

What are Class Actions and How Do They Impact Businesses?

What are Class Actions and How Do They Impact Businesses?

California business lawyers provide advice to companies on lawsuit risks that they face. Companies could be sued by individuals, such as disgruntled employees who believe they were wrongfully terminated or who believe they were discriminated against. Companies could also be sued by members of a class action. Class action litigation can be very expensive for […]

What Do You Need to Prove to Get an Injunction in a Trade Secrets Case?

What Do You Need to Prove to Get an Injunction in a Trade Secrets Case?

California trade secrets attorneys provide assistance to companies who have trade secrets that they wish to protect. We can help you to take active steps to protect your valuable trade secrets, including ensuring that you use non-disclosure agreements when hiring employees who will be in a position to discover valuable proprietary information during the course […]

Clauses to Include In Your Partnership Agreement

Clauses to Include In Your Partnership Agreement

Southern California business attorneys can provide assistance with writing a partnership agreement if you are planning on going into business with others. Pooling your talents can be a great way to share the risk and build a stronger business, but there could also be potential downsides to working with others on business endeavors. You can […]

What is the Date of Separation in a California Divorce?

There are frequently disagreements regarding the date of separation in a California divorce. At Brown & Charbonneau, LLP, our Southern California divorce attorneys can help you to try to establish the date of separation so you can protect your property interests. Give us a call to schedule a consultation and learn more about how we […]

Can You Sue a Contractor for Using Substandard Materials?

Can You Sue a Contractor for Using Substandard Materials?

Our California construction disputes attorneys can provide assistance if you are involved in a conflict with a contractor who is doing a construction project for you. Many different things can go wrong during the course of a construction project which can impact your investment if you are a property owner. Brown & Charbonneau, LLP can […]

How Do I Win a Civil Case?

In the United States, there is a civil justice system and a criminal justice system. Cases where a crime has been committed against the people are decided in the criminal justice system. A prosecutor must prove the defendant guilty beyond a reasonable doubt in the criminal justice system and possible penalties equal jail time and fines. […]

Differences Between Child Support and Spousal Support

Differences Between Child Support and Spousal Support

An Orange County spousal support attorney can provide you with important information on alimony and on the types of support you may be entitled to as a result of a marriage. An attorney helps with many important matters related to spousal support, from modifying support to asking for the court to order support to negotiating […]

How Does Domestic Abuse Affect Children and Families?

How Does Domestic Abuse Affect Children and Families?

If you are the victim of violence in your home, you should talk with a domestic abuse lawyer as soon as possible. Domestic violence is likely to continue occurring once your partner turns violent, unless and until your partner seeks intensive therapeutic help. It is rare for an isolated occurrence of domestic violence to happen, […]

How to Prove a Non-Compete Agreement is Being Violated

How to Prove a Non-Compete Agreement is Being Violated

A non-compete dispute attorney in Southern California can provide assistance in situations where you believe that a non-compete agreement may have been violated. Non-compete agreements provide important protection for companies who do not want their former employees to unfairly and inappropriately steal business or take confidential information to competitors. Unfortunately, sometimes actually enforcing these agreements […]

What if you Can't Agree on Decisions for Your Kids After Divorce?

What if you Can’t Agree on Decisions for Your Kids After Divorce?

If you are unable to agree on decisions for your children after a divorce, you should speak with a child custody lawyer to find out what options are available to you. A child custody attorney can provide you with assistance protecting your right to have a say in the important decisions that affect your chid’s […]

How Does the Legal Doctrine of Waiver Work in California?

How Does the Legal Doctrine of Waiver Work in California? Waiver is the intentional relinquishment of a known right after knowledge of the facts. Roesch v. De Mota (1944) 24 Cal.2d 563, 572; A.B.C. Distrib. Co. v. Distillers Distrib. Corp. (1957) 154 Cal.App.2d 175, 187 [aggrieved party may waive a breach of contract]. Waiver does […]

Failure to Mitigate Damages in California

How does the legal doctrine of failure to mitigate damages in California work? A plaintiff has a duty to mitigate his or her damages and “will not be able to recover for any losses which could have been thus avoided.” Shaffer v. Debbas (1993) 17 Cal.App.4th 33, 41; Mayes v. Sturdy Northern Sales, Inc. (1979) […]

Equitable Estoppel in California

What is equitable estoppel in California?  The doctrine of estoppel is codified in California Evidence Code section 623, which states: “When a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out […]

Constructive Fraud in California

Definition of Constructive Fraud in California “Constructive fraud comprises any act, omission or concealment involving a breach of legal or equitable duty, trust or confidence which results in damage to another, even though the conduct is not otherwise fraudulent.” Salahutdin v. Valley of California, Inc. (1994) 24 Cal.App.4th 555, 562; 2 Miller & Starr, Cal. […]

What Happens if you Default in California Divorce Proceedings?

In the state of California, the divorce process begins when one of the two spouses files to dissolve the marriage.  The other spouse who did not file the dissolution paperwork must be formally served with divorce papers, with all rules for service of process followed.   Courts have become more lenient in terms of what […]

Understanding Equitable Estoppel in California

Understanding Equitable Estoppel in California

Southern California trial attorneys provide representation to individuals and businesses involved in disputes. Some of these disputes are resolved outside of court through the negotiation of a settlement. Others are resolved in litigation and a judge or jury makes a decision based on the evidence presented and the law applied to that evidence. One rule […]

In California, Can I Communicate with Client Even Though I have a Non Compete?

This question is asked all the time.  The short answer is, yes you can communicate or “announce” your new employment. However, if you are bound by an enforceable non-solicitation agreement, you may not solicit the client.  But, you can call them, talk to them, talk about the weather, sports, etc.  You just cannot “solicit” them. […]

Key Things to Consider Before Filing a Lawsuit

Key Things to Consider Before Filing a Lawsuit

A Southern California business litigation attorney can provide you with help in determining if you should file a lawsuit or not. Deciding to sue can be a very big decision and while there are many circumstances where it makes sense for your organization to use the court system to enforce your rights, you will need […]

What Do You Have to Prove if You Sue a Contractor for Non-Performance?

What Do You Have to Prove if You Sue a Contractor for Non-Performance?

An Orange County real estate litigation lawyer can provide you with assistance if you were involved in a residential or a commercial construction project and a problem occurred with the project. Many real estate projects in which you must hire contractors will involve a significant financial investment. When you contract for a project to take […]

How Soon Can You Remarry After a California Divorce?

Many people are eager to move on with their lives as soon as possible once they have decided to end a marriage. One of the most joyous ways a person can move on is to enter into a new marriage. If you want to get remarried after your old marriage has ended, you need to ensure […]

Depositions vs. Interrogatories in Discovery

Depositions vs. Interrogatories in Discovery

An Irvine trial specialist provides assistance when companies become involved in civil litigation. Your business may determine that you need to use the California state court system or the federal court system to seek protection of your rights, in which case you could file a lawsuit. Your company could also be sued if someone believes […]

Impact of A Job Loss on Spousal Support

When you divorce, the court may enter a spousal support order, or there may be an agreed-upon spousal support arrangement. This is a legally-binding court order requiring one of the spouses to pay financial support to the other, lower-earning spouse. The length of spousal support can vary depending upon many factors evaluated by the court. […]

FIDUCIARY DUTIES IN DIVORCE AND LEGAL SEPARATION CASES

FIDUCIARY DUTIES IN DIVORCE AND LEGAL SEPARATION CASES If you are contemplating an end to your marital status in California, you should become acquainted with the California Family Code sections regarding Fiduciary Duties.   There are several different duties that spouses owe each other. Lack of understanding and compliance with these duties may have serious and […]

What are the Pros and Cons of Settling a Case

What are the Pros and Cons of Settling a Case

An Orange County business litigation attorney can provide you with help in determining the best way to resolve your case. Whether you are a plaintiff in a civil case or you are a defendant in a civil case, you want to ensure that you make smart choices about whether to go to court to fight […]

What if My Spouse is Capable of Work But Refuses to Do So?

Is your former spouse refusing to work? California Family Code Section 4320 mandates that, when awarding alimony, the court must consider whether your spouse can become self supporting within a “reasonable period of time.” You may be required to provide your spouse with alimony for a period of time after a marriage ends, but usually your ex […]

What Legal Remedies are Available When a Contractor Fails to Perform Construction work?

What Legal Remedies are Available When a Contractor Fails to Perform Construction work?

An Orange County construction disputes attorney can provide you with assistance in situations where you contracted for work to be performed and a contractor failed to fulfill obligations set forth in your construction agreement. Whether you are involved in a residential or a commercial construction project, a contractor’s failure can have serious consequences for you. […]

Can You Prove Neglect in a Custody Case?

The process of determining how parenting time should be divided can be complicated and you should have a child custody lawyer representing you if you are separating or divorcing and have kids with your partner.  It may be especially important for you to be represented by a qualified attorney if you believe the other parent […]

The Attorney/Client Privilege and In House Counsel Communications

The Attorney/Client Privilege and In House Counsel Communications The “attorney-client privilege” protects communications between the lawyer and the client. With limited exceptions, the privilege establishes the right of the client “to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer”.  Evidence Code section 954. The objective of the privilege […]

Should You Sue to Try to Protect Trade Secrets?

Should You Sue to Try to Protect Trade Secrets?

Trade secrets are some of the most valuable intellectual property that a business owns. In the Uniform Trade Secrets Act codified in California Civil Code Section 3426 trade secrets are defined to include: “information, including a formula, pattern, compilation, program, device, method, technique, or process” which is the subject of reasonable efforts to maintain its […]

If I Am Forced to Sign a Contract, is It Still Valid?

Contracts provide the opportunity for private individuals and entities to create legally binding agreements. Contracts are essential for business transactions. When a valid contract is created, it should be enforced by the court and it should provide a remedy in the event that either party fails to comply with the agreement terms.  If you sign […]

What is Economic Duress in California?

This article will help to explain what Economic Duress in California means. This applies to elder abuse, business litigation, family law, personal injury and employment law. Defined as a wrongful act sufficiently coercive to cause a “reasonably prudent person” faced with no reasonable alternative to succumb to perpetrator’s pressure. What is Economic Duress in California? […]

What is a Holder in Due Course?

The Uniform Commercial Code provides standardized rules adopted in all states that have incorporated the UCC into their own statewide regulations. Among the provisions set forth in the UCC are rules protecting the purchasers of debts and protecting those who are assigned the right to receive debt payments.   The rules protecting the inheritors or […]

How Long Does a Civil Trial Take?

How Long Does a Civil Trial Take?

Orange County trial lawyers provide you with assistance during the process of a civil trial in order to try to facilitate a timely resolution of your legal issues. Whether your company is the plaintiff or the defendant, you do not want to be tied up in litigation for months on end. The sooner your civil […]

What Does Protected Class Mean?

What Does Protected Class Mean?

A Southern California employment attorney provides assistance in taking legal action when an employer unlawfully discriminates against a worker. An attorney can also help employers in understanding state and federal anti-discrimination laws and making smart choices to reduce the risks of being sued for alleged civil rights violations. One of the most important things that […]

How to Prepare for Depositions in Business Litigation

Depositions are a common legal process during the discovery phase of civil litigation. A business litigation attorney can help you to understand what the purpose of a deposition is and can help you to ensure you are prepared for the deposition.  When you are being deposed, you need to know how to respond to the […]

Can Delay in a Construction Project be Considered a Breach?

Can Delay in a Construction Project be Considered a Breach?

Southern California construction disputes attorneys can provide assistance in situations where a contract for residential or commercial construction may have been breached. There are many different situations where a potential breach occurs. One such situation: when a substantial delay occurs as a construction project is being completed. Determining whether a delay is considered a breach […]

Who Pays for Daycare After Divorce?

When parents are involved in a divorce, many issues must be resolved in order for the marriage to end. Parents should try to come to an agreement on how to share parenting time whenever possible. If they are successful, the court should put a custody order into place so the parent’s timesharing agreement is legally […]

When are Civil Claims Resolved in Federal vs. State Court?

When are Civil Claims Resolved in Federal vs. State Court?

If you have a dispute which needs to be resolved using the legal system, you will need to speak with a civil litigation attorney to provide you with guidance and advice.  Private disputes are resolved through the civil court system, as opposed to the criminal court system.  The wronged party files a lawsuit and becomes […]

Should You Offer a Settlement if Your Company is Sued?

Should You Offer a Settlement if Your Company is Sued?

If your company is sued, you need to talk with Orange County trial lawyers. Attorneys with trial experience can help you to determine what your best response is to a business lawsuit. One of the possible responses that you may wish to consider is offering a settlement. However, a settlement is not appropriate in all […]

Do You Have a Right to Remain Silent in a Civil Case?

The Fifth Amendment establishes the right to remain silent and the right not to be a witness against yourself in a criminal case. This important constitutional amendment means you do not have to provide an answer that would incriminate you.  However, while the Fifth Amendment means you cannot be compelled to testify against yourself, it […]

Is Your Trust Being Mismanaged?

Is Your Trust Being Mismanaged?

When you are an California fiduciary duty lawyer, you sometimes interact with clients that have suspicions about the actions of a financial manager of some kind. Before we get into the details, we should provide some basic background information. A fiduciary is a person or entity that has the legal responsibility to competently and honestly […]

What are the Consequences of Breaching a Fiduciary Duty?

What are the Consequences of Breaching a Fiduciary Duty?

Southern California fiduciary duty attorneys can provide representation to fiduciaries in understanding and fulfilling their obligations. An attorney can also provide representation in situations where an accusation has been made that a fiduciary duty was breached. We can provide representation to the fiduciary or to shareholders or others who are claiming to have been damaged […]

Holding Supervisors Responsible for Wrongful Acts of an Employee

Holding Supervisors Responsible for the Wrongful Acts (Torts) of an Employee The theory of respondeat superior (employer liable for wrongful acts of employee) is a familiar doctrine to many business owners (and their lawyers).  Simply stated, an employer is vicariously liable for the torts (or wrongful acts) of its employees committed within the scope of employment. […]

What if a Spouse Doesn’t Respond to a Divorce Petition?

When one spouse in California files a petition for divorce, the other spouse must be formally served with papers. These papers provide notice that divorce proceedings are underway and give the spouse who receives the papers the opportunity to answer.  The responding spouse needs to file an answer with the court within the deadline. When […]

How Can I Serve Divorce Papers to an Out-of-State Spouse

The Washington Post recently reported on a novel ruling by a divorce court judge. The judge ruled that a spouse who was seeking a divorce could use Facebook to serve divorce papers. In this particular case, the defendant’s address was not known to his spouse, who wanted to end the marriage. There was proof the […]

What Are the Remedies Available for a Contract Breach?

A contract is a legally binding agreement that is enforced by the full weight of the court. In the event that either party to a contractual agreement fails to perform according to the terms of the contract, the other party may take legal action. The party who fails to perform is referred to as the […]

Top Reasons to Choose Mediation for Partnership Disputes

Top Reasons to Choose Mediation for Partnership Disputes

Partnership disputes can arise whenever people work together in a business that they co-own. While there are steps you can take to try to minimize the chances of a disagreement arising, like creating a comprehensive partnership agreement and employment contracts when you begin operations, it is inevitable that sometimes people will not see eye-to-eye. When […]

Do You Have to Go to Court to Get Compensation for Elder Abuse?

Do You Have to Go to Court to Get Compensation for Elder Abuse?

If you or someone in your family is the victim of elder abuse, you need to consult with an elder abuse lawyer for help. Consumer Reports indicates elder abuse can cost anywhere from $3 billion to $36 billion a year.  The losses from abuse can be devastating and those who are responsible for causing the harm need […]

What’s the Difference Between Libel, Slander, and Malicious Falsehood?

While the law protects the right of free speech, this right is not absolute. An individual or an organization that makes false statements can face a civil lawsuit from those affected by the untruths.  Laws related to libel, slander, and malicious falsehood are all examples of legal doctrines that give victims the right to pursue […]

What Elements Are Required to Form a Contract?

What Elements Are Required to Form a Contract?

Whether you own a small family business or are the CEO of a Fortune 500 Corporation, you will undoubtedly be a party to numerous contracts over the course of your involvement in the business. Contract disputes are also among the most common reasons for a business to be involved in litigation. As such, knowing more […]

Top 5 Ways to Avoid Business Litigation

Top 5 Ways to Avoid Business Litigation

For a fledgling enterprise, even the remote possibility of litigation can be terrifying as it could lead to the failure of the business. An established business may be better equipped to handle the practical and financial aspects of litigation, however, it is still not something you want to worry about as a business owner. Although […]

DEATH OF A PARTY

The Person You Were Suing Suddenly Dies, Now What? The answer lies within the statutory language found in California Code of Civil Procedure and the California Probate Code.  See Code of Civil Procedure Sections 337.40 through 377.42; and Probate Code Sections 550 through 554.  When a party to a lawsuit dies, the opposing party must take […]

Insurance Claims… Do you have one?

Representing You in Insurance Claims Brown and Charbonneau, LLP lawyers successfully represent both policyholders and insurance companies with insurance coverage claims.  The types of insurance claims we can help with include: Auto Insurance Commercial Insurance Errors & Omissions (E&O) Insurance Life Insurance Disability Insurance Business Insurance Professional Liability Insurance Officer & Director Insurance Employment Practices […]

PERSONAL GUARANTEE LIABILITY

Most shareholders or LLC members do not have personal liability for their business debts.  As a consequence, banks and suppliers often do not extend credit to smaller businesses without a personal guarantee. What is a Personal Guarantee? A personal guarantee is a promise that an individual will pay off a loan, lease, or contract if […]

Top 3 Things You Can Do to Avoid Partnership Disputes

Top 3 Things You Can Do to Avoid Partnership Disputes

A partnership is one of the most common ways to structure a business when ownership of the business is shared by two or more people. When a partnership functions well, all of the partners stand to benefit and profit. A dispute between the partners, however, could threaten the very foundation of the business.  To prevent […]

CAN YOU SUE IN CALIFORNIA FOR BEING LIED TO?

Can You Sue in California Courts for Being Lied To? In California, fraud actions are commonplace and can arise from a variety of situations. However, winning a fraud case is difficult unless you have an experienced attorney helping you prove all elements of fraud. What is Fraud? Fraud occurs when a party makes dishonest or […]

I KEEP HEARING ABOUT CMC – WHAT IS IT?

I Keep Hearing About a CMC – What is it? A Case Management Conference (“CMC”) is a relatively short hearing where all parties meet with the judge to establish the logistical plan for the case.  At the CMC, the judge may establish a schedule that lists the dates of hearings, the trial, and any required […]

Is the Fine Print on the Back of an Invoice Enforceable?

Read the Fine Print…It’s Not Always So Fine Many documents used in business today contain fine print, or small print information.  This may include an invoice you receive from a supplier or a provider of goods or services.  When you receive an invoice that contains written information, it is important that you read it as […]

What Is a Trade Secret in California?

What Is a Trade Secret in California?

If you own a business, you likely have “trade secrets” that you need to protect. In fact, for some businesses, the ultimate success or failure of the business depends on how well its trade secrets are protected. Despite this, many business owners do not have a firm understanding of exactly what constitutes a “trade secret” […]

HOW TO END YOUR BUSINESS?

Closing a corporation is commonly known as “dissolution.”  Just as a company files Articles of Incorporation when starting a business, so too must Articles of Dissolution be filed when closing a business.  Ending a business is no quick and easy matter.  Dissolution requires strict adherence. Typically, there are six steps required to dissolve a business […]

Benefits of Mediation

Orange County Mediators at OC Dispute Resolution Services, LLP help you to make fully informed choices about the best way to resolve your disputes. There are many different things to consider when you decide whether you should litigate a dispute or explore alternative dispute resolution options, and you should get the right legal advice to decide […]

Statement of Desicions

Simply put, a statement of decision is a formal explanation of a judge’s factual and legal basis for his or her decision following a bench trial.  Most attorneys generally understand the  basics of a statement of decision, however they often overlook its importance despite its huge impact on the appeal process.   A statement of […]

I Just Started My Business. How Can I Afford a Business Attorney?

I Just Started My Business. How Can I Afford a Business Attorney?

Starting your own business is a time and resource intensive undertaking. It can also be extremely rewarding once the business is up and running smoothly. From the moment you envision becoming an entrepreneur, you need solid legal advice and guidance. For a large established business, that advice and guidance come from an attorney who acts […]

Top 3 Defenses to a Breach of Contract Claim

Top 3 Defenses to a Breach of Contract Claim

If you are a business owner, contracts are undoubtedly part of your daily life. You likely enter into contracts with clients or customers, suppliers, and investors, just to name a few. Most of the time those contracts are fulfilled without either party having any serious complaints. Occasionally, however, a problem does arise. For example, the […]

What Is the Difference between a Copyright, Trademark, and a Patent?

What Is the Difference between a Copyright, Trademark, and a Patent?

If you are a successful business owner, you undoubtedly understand the hard work it takes to get a business off the ground and to the point where it is showing a profit. Once your business reaches that point, you must remain vigilant to ensure that your business remains successful. That often entails securing a copyright, […]

What Is the Difference between Libel and Slander?

What Is the Difference between Libel and Slander?

If you own or operate a business, you will deal with complaints about the product or service you offer from time to time. It doesn’t matter how amazing your product is nor how excellent the service you offer may be. Complaints simply come with the territory. Sometimes, however, a complaint can rise to the level […]

Which Type of Business Entity Is Best for My Business?

Which Type of Business Entity Is Best for My Business?

Americans have long been known for their entrepreneurial spirit. If you are an entrepreneur who is planning to start a small business, you will need to make a number of important decisions before the business officially opens its doors. One of those decisions is which type of legal structure is best for your business. The […]

How Do You Avoid Shareholder Disputes?

In large companies with thousands of shareholders, shareholders generally have the opportunity to vote on major decisions affecting the company.   There is usually an individual or group with a controlling interest in the business that makes the final choice on important matters.  While disputes may arise, the large volume of shares owned and the […]

Does Business Litigation Usually Go to Trial?

Does Business Litigation Usually Go to Trial?

In the United States, the civil justice system is what individuals and businesses turn to when a dispute cannot be resolved by the parties themselves. Business litigation, in particular, may be the result of an individual who feels he/she has been wronged by a business, a business who has a complaint against an individual, or […]

How to Protect Your Business from Sexual Harassment Claims

How to Protect Your Business from Sexual Harassment Claims

How to Protect Your Business from Sexual Harassment Claims Whether you run a small family-owned business or a Fortune 500 company, you must be vigilant about complying with the numerous state and federal laws that govern the employer-employee relationship. With the “Me Too” movement sweeping across the country, now is an excellent time for employers […]

Will Your Non-Compete Agreement Be Enforced?

Will Your Non-Compete Agreement Be Enforced?

If you are an employee, and a potential employer asked you to sign a non-compete agreement as a condition of employment, the odds are good that you didn’t spend too much time dwelling on the potential future ramifications of signing the agreement. The same is likely true if you were required to sign a non-compete […]

Is There an "Independent Contractor" Test?

Is There an “Independent Contractor” Test?

Anyone who owns or manages a business knows that the threat of litigation is ever present. Unfortunately, a business’s own employees are often the source of litigation. This is particularly true if a business utilizes independent contractors. For a business owner, it can be extremely difficult to avoid disputes over the classification of workers when […]

Breach of Contract Cases Require Representation

The Orange County business lawyers here at Brown & Charbonneau can be engaged to represent clients that are embroiled in many different types of disputes. A lot of clients come to us when they feel as though they have breach of contract cases, and we have a strong track record of success handling these matters. […]

How Do Statements of Decision by Judges Work in Southern California?

Here is a quick summary on how Statements of Decision work under California Rules of Court 3.1590: 1.  Either party make request Statement of Decision (“SOD”) within 10 days from the Court’s tentative decision. 2.  If requested within 10 days, any Party not requesting Statement of Decision can comment or request additional areas for the […]

A Look at Non-Compete Agreements and Unfair Business Practices

The Irvine business lawyers here at Brown and Charbonneau, LLP handle a wide range of different types of cases. Since we have many decades of combined experience, we have seen it all as they say, and our clients benefit from this extreme level of seasoning. In our field of endeavor, results are the only measure […]

Demographic Trend Fuels Growing Problem

Demographic Trend Fuels Growing Problem

There is an interesting demographic phenomenon unfolding in the United States at the present time. During the period between 1946 and 1964, an inordinate number of babies were born. This unfolding is referred to as the “baby boom,” and if you do the math, you can see that people that comprise this age group are […]

Harassment Victims May Be Entitled to Compensation

Harassment Victims May Be Entitled to Compensation

The Irvine civil litigation attorneys here at Brown & Charbonneau bring a wealth of experience to the table, and we have a strong track record of success when we accept a case. Our team members are certified trial specialists, and we have been developing our reputation for decades. When you choose our firm, you can […]

Addressing Sensitive Partnership Disputes

The attorneys here at Brown & Charbonneau have wide-ranging expertise with all of the different types of business law matters that can arise. One area of specialization for our firm is partnership dispute cases, and when you engage us, you can rest assured that you will be in good hands. Our Orange County partnership dispute […]

What Are Fiduciary Duties?

What Are Fiduciary Duties?

We accept a wide range of different business law cases, and one area of specialization is the matter of fiduciary responsibility. To provide a general definition, a fiduciary duty is a responsibility to act in the best interests of another person or entity with regard to financial decision-making. A party that has a fiduciary duty […]

Choose a Trial Specialist That Delivers Results

Choose a Trial Specialist That Delivers Results

Many attorneys do not particularly want to go to trial for one reason or another. If you have a business law case that may wind up in court, you should definitely work with an Orange County trial specialist, because the stakes are high. It takes experience, dedication, and resources to obtain a favorable outcome if […]

Business Law: Experience Counts

Business Law: Experience Counts

In the realm of business law, experience means everything, and the stakes are very high when you are involved in a case that could go to trial. The attorneys here at our firm that handle our business litigation cases have over 75 years of combined experience. As they say, we have seen it all, and […]

Business Litigation: Our Track Record Speaks Volumes

In any profession, results are the only real barometer. This definitely enters the picture when it comes to business litigation. Our Irvine business litigation attorneys have decades of combined experience, and we are led by one of the most accomplished business litigation lawyers in California. Gregory G. Brown, Esq., is a Certified Specialist in Civil […]

Partnership Disputes Can Be Complicated

Partnership Disputes Can Be Complicated

One of our areas of specialization is the representation of clients that are involved in partnership disputes. This is a very broad category, because there are different types of business partnership relationships. When it comes to smaller, close-knit business partnerships, the people involved often have personal relationships with one another as well. This can create […]

Irvine Civil Litigation Lawyers Can Send a Strong Message

If you have been a victim of physical, sexual, or emotional abuse and you call the authorities, there may be subsequent criminal prosecution. This is well and good, and if the perpetrator is proven to be guilty, he or she will get the appropriate punishment. This being stated, what about you as the victim? Yes, […]

Have You Been Defamed?

Have You Been Defamed?

Defamation is the act of making an untrue statement that causes harm to another individual that results in that person suffering damages. There are essentially two different forms of defamation that you have probably heard about, but you may not know the distinction. If someone was to make a false claim about you verbally to […]

Shareholder Disputes Come in Many Forms

Shareholder Disputes Come in Many Forms

As Irvine shareholder disputes attorneys, we advise clients that need legal representation. There are many different types of shareholder disputes, and we have the ability to address any and all situations that may arise. We work very closely with our clients to gather all the facts, and we go the extra mile to advocate their […]

Discuss Your Employment Dispute With a Business Lawyer

Discuss Your Employment Dispute With a Business Lawyer

Fortunately, we have laws on the books in the United States that protect workers that have been treated unfairly by employers. This being stated, you may feel helpless if you have been fired by a company that has a powerful legal team. Certainly, trying to defend your rights as a layperson is extremely difficult to […]

Consult With an Orange County Trial Specialist

Consult With an Orange County Trial Specialist

If you are having a legal dispute with another party, you are not going to be competing on a level playing field if you do not have the appropriate legal representation. At the end of the day, you need an Orange County trial specialist that is in fact willing to take the matter to court […]

Irvine Civil Litigation Lawyers Examine Elder Abuse

Irvine Civil Litigation Lawyers Examine Elder Abuse

The Irvine civil litigation lawyers at our firm assist clients that have been victims of elder abuse. This problem is growing by leaps and bounds, because the population of the United States is aging rapidly. According to the United States Census Bureau, between 2000 and 2010, the segment of the population that was between 85 […]

A Trade Secrets Attorney Can May You Whole

A Trade Secrets Attorney Can May You Whole

For many businesses, trade secrets and intellectual property are at the core. If you feel as though you have been a victim of intellectual property theft, a trade secrets attorney from our firm can gain an understanding of the situation and provide legal assistance. We have handled many of these cases in the past, and […]

How to Avoid Irvine Partnership Disputes

How to Avoid Irvine Partnership Disputes

If you are going to start a business with a partner, you may see a lot of benefits. The workload will be shared, and you can rest assured that the other person will put in a great deal of effort. Of course, the risks will be shared as well, and this is another positive. When […]

Can Civil Litigation Lawyers Help You Appeal?

Can Civil Litigation Lawyers Help You Appeal?

Civil litigation lawyers at Brown & Charbonneau, LLP can provide you with assistance during litigation if you want to maximize the chances you will prevail. We can represent you whether you are the plaintiff in a civil case or whether you are a defendant in civil proceedings. We know the ins-and-outs of the law and the […]

3 Questions to Ask Before Hiring Irvine Business Litigation Attorneys

3 Questions to Ask Before Hiring Irvine Business Litigation Attorneys

If you are hiring Irvine business litigation attorneys, you are probably in a situation where your company is being sued or you are in a situation where you need to sue someone. In either case, the stakes are high because the outcome of the civil case that you are involved in could affect your legal […]

Why It's a Mistake Not to Have a Trial Specialist if You're Involved in Litigation

Why It’s a Mistake Not to Have a Trial Specialist if You’re Involved in Litigation

If your company is suing someone or if your business has been sued, you need to have a trial specialist to represent you. A trial specialist can provide you with invaluable assistance that most other attorneys can’t provide to ensure you are prepared and ready to succeed in court.   When you need a trial specialist, Brown […]

5 Situations Where Irvine Civil Litigation Attorneys Can Help You

5 Situations Where Irvine Civil Litigation Attorneys Can Help You

Irvine civil litigation attorneys at Brown & Charbonneau, LLP will assist your business in many different circumstances when you need help navigating the legal system. Many companies eventually need to turn to the court system in order to protect their interests. Others find themselves being sued and having to defend their company to avoid burdensome legal […]

How Business Lawyers Help You Incorporate

How Business Lawyers Help You Incorporate

Business lawyers at Brown & Charbonneau, LLP can provide you with invaluable assistance in determining if you should incorporate your business. If you decide that incorporation is the right approach to structure your business entity properly, our dedicated and experienced legal team can guide you through every step of the incorporation process.  Choosing the right business structure […]

When Should You Talk to an Orange County Trade Secrets Attorney?

When Should You Talk to an Orange County Trade Secrets Attorney?

An Orange County trade secrets attorney at Brown & Charbonneau, LLP can help you to ensure that you are protecting your important intellectual property. Your company’s trade secrets are likely some of the most valuable property that you own. You cannot afford to allow your proprietary information to fall into the wrong hands so you should […]

A Trial Specialist Attorney Can Help You Gather Evidence

A Trial Specialist Attorney Can Help You Gather Evidence

If your company is being sued or if your business has decided to pursue a claim against another entity, it will become important for you to work with a trial specialist attorney. While the legal system provides a way for you to seek remedies, navigating the civil justice system can be complicated and you cannot […]

Why Talk to Irvine Business Litigation Attorneys About a Shareholder Dispute

Irvine business litigation attorneys help your business in many way when disputes or disagreements arise. One example of a situation where an attorney can provide assistance is when a shareholder dispute arises. A shareholder dispute can create tremendous conflict for an organization that substantially interferes with operations so it is imperative that you resolve these […]

Business Attorneys Offer Advice on What to Do Before Hiring an Employee

Business Attorneys Offer Advice on What to Do Before Hiring an Employee

Business attorneys can provide you with invaluable assistance when you make big decisions that affect your organization. One of the key decisions that an attorney can help you with is whether a person you are bringing into your organization to work for you should be treated as an employee or as an independent contractor.   Employees have […]

3 Ways Irvine Civil Litigation Lawyers Help Protect Your Company's Interests

3 Ways Irvine Civil Litigation Lawyers Help Protect Your Company’s Interests

Irvine civil litigation lawyers can provide important help to your company. We can protect your long-term and short-term business interests in a number of important ways. It is essential that you understand what your rights are and the ways in which an attorney can assist you in enforcing those rights and in reducing the likelihood […]

How a Trial Specialist Could Help You Prevail in Litigation

How a Trial Specialist Could Help You Prevail in Litigation

If your company becomes involved in litigation as either a plaintiff or as a defendant, it is very important that you contact a trial specialist as soon as possible. Hiring a trial specialist can help you to ensure that you take the necessary steps to maximize the chances of a positive outcome.   Litigation can affect […]

Why It's Important for Your Business to Understand the Difference Between Employees and Independent Contractors

Why It’s Important for Your Business to Understand the Difference Between Employees and Independent Contractors

If your company is planning to hire employees, it is a good idea to talk with Irvine business attorneys in order to make sure you don’t make errors in the hiring process that could affect your organization. One big issue that your company needs to address is making certain that you understand the difference between […]

4 Ways Civil Litigation Lawyers Help if Your Company is Sued

4 Ways Civil Litigation Lawyers Help if Your Company is Sued

Irvine civil litigation lawyers at Brown & Charbonneau, LLP can provide you with assistance if your company is sued. When your business is named as a defendant in civil litigation, this can have major consequences to your organizations’ reputation and it can be difficult to know how to respond in a manner that best protects your […]

Can Your Company Protect Yourself from Being Sued?

Can Your Company Protect Yourself from Being Sued?

Irvine business litigation attorneys at Brown & Charbonneau, LLP provide assistance to businesses that are being sued. We can represent you when a claim is made against your organization and can help you to reduce the likelihood that you will lose in court and be required to provide a remedy.  Even in a best-case scenario, being […]

Can You Appeal After a Civil Trial?

Can You Appeal After a Civil Trial?

A trial attorney at Brown & Charbonneau, LLP can provide you with assistance taking steps to get the best outcome possible if your company is sued or is suing someone else. The outcome of civil litigation can have a profound impact on your organization’s future operations so it is imperative that you understand what your rights […]

Differences Between Mediation, Arbitration, and Litigation

Irvine civil litigation attorneys at Brown & Charbonneau, LLP can provide you with assistance determining the best response to a lawsuit against your organization or the best response to a conflict that necessitates your company pursue a claim to protect its rights. Businesses become involved in many different kinds of disputes, with potential conflicts including problems […]

What to Know If Your Company is Sued

What to Know If Your Company is Sued

If your business is sued, you need to be prepared to respond proactively with the help of civil litigation attorneys. Brown & Charbonneau, LLP can provide your company with assistance if a lawsuit is filed against you so you will be prepared to respond assertively and appropriately to protect your interests.  Being named as a defendant […]

What are Some Common Reasons for Business Litigation?

What are Some Common Reasons for Business Litigation?

Irvine business litigation lawyers can help you to understand your rights as an organization so you can protect your business interests. In many circumstances, it will become necessary to turn to the courts in order to protect your rights. You might have to sue other individuals or businesses. In other circumstances, your company may be […]

What Kinds of Evidence Can You Present in Trial?

What Kinds of Evidence Can You Present in Trial?

A trial lawyer at Brown & Charbonneau, LLP can provide you with comprehensive help preparing for a civil trial. Whether you are sued or you are being sued, you need to understand the kinds of evidence you are allowed to present and you need to be prepared to make your case to convince the court to […]

Irvine Civil Litigation Lawyers Explain the Benefits of Mediation

Irvine civil litigation lawyers at Brown & Charbonneau, LLP help you to make fully informed choices about the best way to resolve your business disputes. There are many different things to consider when you decide whether you should litigate a dispute or explore alternative dispute resolution options, and you should get the right legal advice to decide […]

How Long Does a Trial Take?

How Long Does a Trial Take?

Civil litigation lawyers can provide the help that you need to prepare to go to court if your company is sued or if your business has decided that it needs to file a lawsuit against someone else. We can work closely with you to understand exactly what to expect during the litigation process so you […]

Irvine Business Litigation Attorneys Can Help You Negotiate a Settlement

Irvine Business Litigation Attorneys Can Help You Negotiate a Settlement

Irvine business litigation attorneys can provide you with help and support in circumstances where you have become involved in a legal dispute. We provide representation to your company if you are the plaintiff who is pursuing a legal remedy from others. We can also provide you with legal representation if you have been sued and […]

What is the Discovery Process?

What is the Discovery Process?

An Irvine trial specialist at Brown & Charbonneau, LLP can help you to take the steps necessary to prepare for litigation. Whether you are a plaintiff who is suing someone or whether your company is being sued by someone else and you must respond as a defendant, it is imperative that you take the necessary steps […]

What Irvine Civil Litigation Attorneys Want You to Know About Filing a Lawsuit

What Irvine Civil Litigation Attorneys Want You to Know About Filing a Lawsuit

Irvine civil litigation attorneys at Brown & Charbonneau, LLP can provide comprehensive assistance if you file a civil lawsuit. We can provide advice in helping you to decide if suing is the best approach to resolving your dispute and can represent you throughout the litigation process. Whatever your dispute, you should reach out to our legal team […]

Steps to Take When Hiring Your First Employee

Steps to Take When Hiring Your First Employee

Irvine business attorneys can help you to take smart steps to ensure that your business operates smoothly and that you reduce the risk of violating regulations or being sued for wrongdoing. Consulting with an attorney when you make big changes to your business can be important so you don’t run afoul of regulations or accidentally […]

How Can You Prepare for a Civil Trial?

How Can You Prepare for a Civil Trial?

If your company becomes involved in litigation as either a plaintiff or as a defendant, it is imperative that you consult with an Irvine trial specialist. A trial specialist can help you to ensure that you are as prepared as possible for the trial. The outcome of the case will likely have a profound impact […]

Pros and Cons of Forming an S-Corp

Pros and Cons of Forming an S-Corp

Irvine business lawyers at Brown & Charbonneau, LLP will help you to decide what kind of business entity is best for your particular situation. You have different options when it comes to how your structure your business and there are advantages and disadvantages to each of the different types of business structures that you can choose. […]

What are the Possible Consequences if Your Company is Sued?

What are the Possible Consequences if Your Company is Sued?

If your company is sued, you should reach out to an Irvine civil litigation attorney as soon as possible. Being sued can have profound consequences on the future of your business and it is important that you make an informed determination about how to respond to the accusations that are being made against your business.   […]

Should Your Company File a Lawsuit?

Should Your Company File a Lawsuit?

If your company has been wronged or damaged in some way, consulting with an Orange County business litigation attorney is important. You will need to make a determination regarding how to respond to the wrongdoing that has caused harm to your business organization. Making a decision on the best course of action can be complicated […]

Why Forming a Pass-Through Entity Can Make Sense For your Business

Why Forming a Pass-Through Entity Can Make Sense For your Business

Irvine business attorneys can provide help in determining how best to structure your business. There are many different options for business entities, including operating as a sole proprietorship, a partnership, a Limited Liability Company (an LLC), a Professional Corporation (PC), or a C-corp or S-corp.  Some of these different business types, like LLCs and S-corps, […]

What are the Steps Involved in Preparing for Trial?

What are the Steps Involved in Preparing for Trial?

An Irvine trial specialist can provide assistance if you are sued or if you are suing someone else to protect yourself or to protect the interests of your business.  Suing or being sued can both be stressful, time consuming and expensive processes, but it is important that you understand how to navigate the civil justice […]

What Does Burden of Proof Mean in Business Litigation

What Does Burden of Proof Mean in Business Litigation

An Orange County business litigation attorney can provide assistance if your company is sued or if your company is going to court to file a civil lawsuit to protect your interests. It is important to understand how civil lawsuits work, regardless of whether you are the plaintiff or you are a defendant, so you can […]

Tips to Protect Trade Secrets

Tips to Protect Trade Secrets

Irvine trade secrets attorneys can provide you with help protecting your trade secrets. Your trade secrets provide an important competitive advantage for your organization and it is imperative that you do everything possible to ensure that your secrets are kept secure.  Brown & Charbonneau, LLP can provide guidance on what types of information can be […]

What to Do if Your Construction Company is Sued

What to Do if Your Construction Company is Sued

An Orange County construction disputes attorney provides help in determining what your best course of action is if your construction company has been sued. Construction companies could be sued for many different reasons, from a lawsuit brought by individuals who claim they sustained injury on a construction site to a breach of contract or breach […]

How California Labor Law Favors Workers

How California Labor Law Favors Workers

Irvine trial lawyers provide representation to companies who are facing court action. Companies are at risk of being named as defendants in litigation for many reasons in the state of California. Employment law actions can be especially common, in large part because labor laws in California are often skewed to heavily favor workers and to […]

More News About Sexual Assaults and Lawsuits against Massage Envy Facilities

SoCal woman tells of alleged sexual assault at Massage Envy Oglesby is one of more than 180 women nationwide who say they were sexually assaulted by therapists at the chain, which has more than 1.6 million members across the country. The allegations were first reported in a lengthy investigation by BuzzFeed. Oglesby settled her lawsuit […]

What Does it Mean if an Employee is Misclassified?

What Does it Mean if an Employee is Misclassified?

An Irvine employment attorney at Brown & Charbonneau, LLP can provide legal help to employers in making sure they understand their obligations when hiring workers. One of the most important things for employers to be aware of is the rules for employee classification. You want to ensure that the worker you hire is classified properly […]

Lawyers prevail in sexual assault claim at massage facility

The trial lawyers at Brown & Charbonneau, LLP prevailed in another sexual assault claim against a nationwide chain of massage therapy facilities. Brown & Charbonneau, LLP recently obtained a significant monetary settlement for its client in a case involving sexual assault during a massage. B&C’s client was a female that was sexually assaulted by a […]

What if Something Goes Wrong with a Lease?

What if Something Goes Wrong with a Lease?

An Orange County real estate litigation lawyer provides representation when a problem arises in any type of real estate transaction. This can include circumstances where parties have entered into a lease agreement and a dispute subsequently occurs. There are strict rules in California regarding the rights of renters and the rights and obligations of landlords. […]

FDA Announces 1/18 Meeting to Discuss Philip Morris MRTP Applications

FDA Announces 1/18 Meeting to Discuss Philip Morris MRTP Applications FDA has published a notice announcing a meeting of the Tobacco Products Scientific Advisory Committee (TPSAC) for Jan. 24-25, 2018, at the FDA White Oak campus. The committee will discuss scientific issues related to the modified risk tobacco product (MRTP) applications submitted by Philip Morris Products […]

What Does an At-Will Employee Mean?

What Does an At-Will Employee Mean?

Irvine business attorneys provide legal advice to companies and to workers in relation to the employee/employer relationship. It is important for both a hiring company and a worker who is brought on board at an organization to understand the nature of the relationship as well as the labor laws, anti-discrimination rules, and other regulations that […]

FDA is extending deadline for ENDS Ingredient Listing submissions – PMTA

FDA is extending deadline for ENDS Ingredient Listing submissions – PMTA FDA is extending the compliance deadline to submit ingredient listings for deemed tobacco products by six months due to technical issues users encountered with eSubmitter. FDA is extending this compliance deadline to provide manufacturers with additional time to submit the ingredient listing information required […]

Factors to Consider Before Buying a Rental Property

Factors to Consider Before Buying a Rental Property

An Orange County real estate litigation lawyer can provide advice to property owners when they experience legal issues that land them in court. Owning a property- and especially a rental property – can be a great investment, but problems can arise that necessitate a clear understanding of the law. Brown & Charbonneau, LLP can help […]

What is Required for a Contract to be Valid?

What is Required for a Contract to be Valid?

Irvine business lawyers help companies to negotiate contractual agreements and to draft agreements that will be enforced. Contracts are supposed to create private law, which means that they allow the parties to the agreement to establish requirements, rights and obligations that a court of law will enforce. Without contracts, it would be impossible or highly […]

What Are the Different Types of Employment Discrimination?

What Are the Different Types of Employment Discrimination?

An Orange County employment attorney provides representation to companies to help businesses reduce the chances they will be sued for violations of various worker protection laws. There are many laws on the state and federal level that protect employees and hold companies accountable for any damages workers incur. It is imperative that your business understand […]

5 Key Wage and Hour Rules Employers Must be Aware Of

5 Key Wage and Hour Rules Employers Must be Aware Of

An Irvine employment lawyer must be aware of rules that govern the employment relationship. Our legal team can work closely with you to ensure that you do not run afoul of any of these rules so you can avoid facing penalties and consequences for failure to comply with California or federal law.  Brown & Charbonneau, […]

How Class Action Rights are Being Limited by Legislation

How Class Action Rights are Being Limited by Legislation

An Irvine business litigation attorney helps companies to take steps to minimize the risks of civil liability and assists individuals and entities with claims against companies. Whether you are hoping to avoid a lawsuit or  you are looking to initiate a claim for a legal remedy because you feel you have been wronged, Brown & […]

Research Shows Almost 20% Success in Quitting Smoking in 2017

A University College London reports shows that nearly 20% of those who tried to quit smoking in the first half of 2017 were successful. This is a record high and the success is in part attributed to the use of e cigarettes.  This figure is up from the 15.7% average over the past decade.  This […]

Can You Stop Someone from Revealing Your Company's Trade Secrets?

Can You Stop Someone from Revealing Your Company’s Trade Secrets?

Irvine trade secrets attorneys provide assistance with protecting your company’s trade secrets. Your intellectual property, including secret formulas or processes, may be some of the most valuable assets your company owns. You must be proactive in keeping proprietary information a secret and should do everything possible to prevent information from falling into the wrong hands […]

What Does an Appeal Involve?

What Does an Appeal Involve?

Orange County trial lawyers provide help to plaintiffs and defendants in civil claims. There are many different kinds of cases that go to court, from claims arising from a breach of contract to personal injury claims to cases which determine if a company has improperly used a trademark or if an employee has violated a […]

When Should You Walk Way from a Real Estate Contract?

When Should You Walk Way from a Real Estate Contract?

An Orange County real estate litigation lawyer can provide you with help if you are involved in the purchase or the sale of commercial real estate. An attorney should review the initial drafting of a real estate contract that you are considering entering into and should help you to negotiate the terms of the contract […]

Five Ways an Orange County Employment Attorney Helps Companies Avoid Lawsuits

Five Ways an Orange County Employment Attorney Helps Companies Avoid Lawsuits

An Orange County employment attorney can provide assistance to your company in taking steps to avoid being sued. A lawsuit against your business could be costly and could damage your business reputation. You want to be proactive in reducing the chances that you will be sued, and Brown & Charbonneau, LLP can help. There are […]

How Orange County Business Attorneys Help Startups

How Orange County Business Attorneys Help Startups

Orange County business attorneys at Brown & Charbonneau, LLP can provide invaluable help to startup companies who are just opening their doors for business. Getting a company off the ground can be a big challenge, but it helps to have a knowledgeable legal advocate on your side to help you to work within the legal […]

FDA Again Extends Deadlines for E Cigarette / E Liquid PMTA Compliance to 2022!

The FDA has extended the deadline for submission of Pre Market Tobacco Applications (PMTA) for non-combustible tobacco products (e cigarettes, e liquids, vaping products) to August 8, 2022.  In its July 28, 2017 announcement, the FDA announced a new comprehensive plan which places nicotine, and the issue of addiction, at the center of the agency’s tobacco regulation […]

Common Reasons for Conflict in a Real Estate Sale

Common Reasons for Conflict in a Real Estate Sale

An Orange County real estate litigation lawyer provides assistance to buyers and sellers during residential and commercial real estate sales. Often, there is a very substantial amount of money involved in the sale of real estate. Both buyers and sellers have a lot at stake and contracts need to be written in a clear and […]

FDA’s New Comprehensive Plan for Tobacco and Nicotine Regulation Extends Application Deadlines for ENDS & E-Cigarettes

FDA’s New Comprehensive Plan for Tobacco and Nicotine Regulation Extends Application Deadlines for ENDS & E-Cigarettes Today, the FDA announced a new comprehensive plan for tobacco and nicotine regulation. The plan consists of a “multi-year roadmap” to address tobacco-related disease and place nicotine at the center of regulation efforts. Specifically, the FDA will focus its efforts […]

FDA Issues Warning Letter to Company for Marketing Unauthorized Tobacco Products

From the Center for Tobacco Products – CTP Update FDA Issues Warning Letter to Company for Marketing Unauthorized Tobacco Products The FDA is announcing the issuance of a warning letter to Kretek International, Inc. for importing and distributing adulterated and/or misbranded smokeless tobacco products. Four products are adulterated because they are new tobacco products and do not […]

How Orange County Business Attorneys Help Sole Proprietors

How Orange County Business Attorneys Help Sole Proprietors

Orange County business attorneys provide help to entrepreneurs and to companies. Attorneys can provide advice to business owners on avoiding problems that could interfere with operations and can offer assistance in resolving conflicts and legal issues that do arise.  Brown & Charbonneau, LLP is here to help companies of all sizes to address a wide […]

What Does Burden of Proof Mean?

What Does Burden of Proof Mean?

Orange County trial lawyers provide assistance to clients who are involved in civil litigation. Our legal team can help both plaintiffs and defendants to understand how litigation works and to put together the strongest possible case in order to have the best chance of prevailing in a court of law.  Brown & Charbonneau, LLP knows […]

When is A Termination a Wrongful Termination?

When is A Termination a Wrongful Termination?

An Orange County employment attorney can advise companies on the legality of their hiring, firing and promotion practices so businesses can reduce the risk of being sued for wrongful termination or for any violations of employee protection laws. An attorney can also provide assistance to employees who believe they were treated improperly by an employer […]

FDA Extends Deadlines for E Cig, E Liquid & ENDS Compliance

The FDA has extended the deadlines for compliance of the new deeming regulations for e cigarettes, e liquid and ENDS products!  The have announced a 3 month extension of certain tobacco product compliance deadlines.  Manufacturers now have  additional time to comply with new CTP provisions such as: Submission of cigar rotational warning plans Registration and […]

Can Employees Be Fired For Their Political Beliefs?

Can Employees Be Fired For Their Political Beliefs?

An Orange County employment lawyer provides help to employers in understanding their obligations under California law to workers whom they employ. An attorney who handles employment law cases will also represent employees who have been damaged in some way by an employer’s failure to follow the rules. For example, if an employer did not pay a […]

What Are "Corporate Formalities" And Why Do They Matter?

What Are “Corporate Formalities” And Why Do They Matter?

Orange County business attorneys help companies to select the right kind of business structure. Many different factors go into the selection of the type of business entity that is right for an organization. Knowing what type of business entity a company should create requires a careful consideration of tax issues, as well as an understanding […]

What if An Employer Does Not Pay for All Time Worked?

What if An Employer Does Not Pay for All Time Worked?

An Orange County employment attorney can provide representation to employers in order to help companies ensure they comply with all labor laws. This is vitally important so employers can avoid lawsuits and damage to their reputation if they are sued for violating employee protection laws. Employment attorneys can also provide representation to workers who are […]

U.S. House bill would exempt e-cigarettes from tobacco regulations

U.S. House bill would exempt e-cigarettes from tobacco regulations By Toni Clarke and Jilian Mincer April 25, 2017 (Reuters)   A bill expected this week in the U.S. House of Representatives would weaken a Food and Drug Administration rule governing e-cigarettes and represent a major victory for the $4.4 billion U.S. vaping industry. The bill, […]

Trial Attorney Gregory G. Brown Will Again Be Guest Speaker/Teacher at College of Trial Advocay

Gregory G. Brown has again been asked to be a guest speaker/teacher at the Orange County Bar Association’s renowned College of Trial Advocacy.  Mr. Brown is a State Board Certified Trial Specialist and is a member of the American Board of Trial Advocacy.  The College of Trial Advocacy will be held from April 12, 2017 […]

Most Common Reasons for Real Estate Litigation

Most Common Reasons for Real Estate Litigation

Orange County real estate litigation attorneys provide help to clients who face problems in residential and commercial real estate transactions. Real estate is a major investment and when a problem arises, the consequences can be serious for those who are involved. With so much money at stake, it is vital that you have an experienced […]

Why Your Company Should Have an Updated Business Plan?

Why Your Company Should Have an Updated Business Plan?

An Orange County business lawyer can provide your company with assistance in creating a business plan that is up-to-date and that sets forth the current goals of your organization. Having a business plan is important to any company because the plan creates a roadmap that can help to guide the decisions that you make. You […]

Should You Try Mediation Before Litigation?

Should You Try Mediation Before Litigation?

Irvine real estate litigation attorneys can provide you with assistance if you become involved in a dispute. Disagreements are very common in the business world, including in the field of commercial real estate. If you are involved in a conflict, getting the problem resolved in a cost-effective and efficient manner that protects your long-term interests […]

3 Big Downsides to a Sole Proprietorship

3 Big Downsides to a Sole Proprietorship

Orange County business attorneys should be consulted when you are starting a company so you can make a fully informed choice about what business entity is best for you. There are different ways to structure a business and your choice of business entity can have a profound impact on the long-term success of the company […]

When Can you Appeal an Unfavorable Outcome After a Trial?

When Can you Appeal an Unfavorable Outcome After a Trial?

Orange County trial attorneys can provide you with assistance when you are a plaintiff or a defendant in a civil lawsuit. The goal is to help you resolve the case with the most favorable outcome possible under the circumstances. If you can successfully settle outside of court or convince a court to rule in your […]

When is a Non-Compete Unenforceable?

When is a Non-Compete Unenforceable?

Before your company drafts a non-compete, or before you sign one, you should consult with a non-compete dispute attorney. Irvine attorneys at Brown & Charbonneau, LLP can provide you with assistance understanding California laws on non-compete agreements so you can make informed choices when it comes to this type of contract.  Non-competes can provide important […]

Should You Dissolve Your Company Over Shareholder Disputes?

Should You Dissolve Your Company Over Shareholder Disputes?

An Orange County shareholder disputes lawyer can provide assistance in situations where co-owners of a company have become embroiled in a disagreement. The goal of a shareholder dispute is generally to resolve the source of conflict so the company can continue operations. Unfortunately, there are times when this is not possible and a company is […]

Washington Examiner Reports UK Smokers Switching to E Cigs Faster Than Anyone in Europe

What the US can learn from the UK about vaping and e cigs – Washington Examiner British smokers are switching to e-cigarettes faster than anyone else in Europe, according to a report from Ernst & Young, one of the United Kingdom’s top accountancy firms. The number of Brits vaping surged to 2.2 million in 2016, […]

Cancer Research UK study into vaping effects show 97% safer than cigarettes

On Monday the results of a University College London study into 181 individuals, including smokers and ex-smokers, using e-cigarettes was published. Compared with full-time tobacco smokers e-cigarette users had 97 per cent lower levels of a toxic chemical associated with lung cancer. Click here to read article 

Ireland’s Health Information and Quality Authority (HIQA) Says E-Cigarettes Are a Cost-Effective Treatment to Quit Smoking

Ireland’s Health Information and Quality Authority (HIQA) Says E-Cigarettes Are a Cost-Effective Treatment to Quit Smoking Ireland’s health watchdog, HIQA, has advised that a rise of the number of people using e-cigarettes to aid in quitting smoking would increase the number that successfully quit and would be cost-effective. HIQA recently published its 700 page report titled […]

U.S. Cancer Death Rates Decline 25%

U.S. Cancer Death Rates Decline 25% The American Cancer Society (LINK to) has published its “Cancer Statistics, 2017” where it reports that cancer deaths in the U.S. have declined 25 percent since 1991. The most common causes of cancer death among adults are lung, colorectal, prostate, and breast cancers. These four cancers account for about 46% […]

Many New E Cig & E Liquid Laws Proposed in 13 States

New E Cig & E Liquid Related Bills Proposed Connecticut: Increase  legal age for the purchase and use of tobacco products to 21 (House Bill 5384). Indiana:  Remove the smoking-ban exemption for certain public places, including tobacco and cigar specialty stores (House Bill 1313) Increase the state cigarette tax by $2 per pack (House Bill 1320) […]

Preparedness Planning for Your Business

Preparedness Planning for Your Business Businesses can do much to prepare for the impact of the many hazards they face in today’s world including natural hazards like floods, hurricanes, tornadoes, earthquakes and widespread serious illness such as the H1N1 flu virus pandemic. Human-caused hazards include accidents, acts of violence by people and acts of terrorism. […]

3 Steps to Protecting Your Trade Secrets

3 Steps to Protecting Your Trade Secrets

Irvine trade secrets attorneys provide invaluable assistance to companies that are concerned about how they can protect their organization’s proprietary information. Brown & Charbonneau, LLP understands the steps that are required to ensure your company’s trade secrets remain confidential so competitors and the public do not find out about the private information that is essential to […]

Guidance to E Cigarette & E Liquid Industry (Non – PMTA) from the FDA

Guidance to E Cigarette & E Liquid Industry (Non – PMTA) from the FDA The US Food and Drug Administration (FDA) deemed all “tobacco products” within its authority and subject to the Tobacco Control Act. FDA has issued a wide variety of information regarding tobacco products and the new regulations. FDA has also been issuing […]

Guidance from FDA About the Pre Market Tobacco Application (PMTA) Process

Guidance from FDA About the Pre Market Tobacco Application (PMTA) Process The US Food and Drug Administration (FDA) deemed all “tobacco products” within its authority and subject to the Tobacco Control Act (TCA). FDA has made available extensive information regarding tobacco products and the new regulations. With regard to selling newly deemed tobacco products, manufacturers those products that […]

FDA Compliance Deadlines for E Liquid & E Cig Manufacturers (Updated)

FDA Compliance Deadlines for E Liquid & E Cig Manufacturers July 26, 2016 Child-Resistant Packaging Nicotine provided in a liquid nicotine container that is sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States must be packaged in accordance with the poison prevention packaging standards issued by the Consumer […]

3 Key Differences in S-Corps vs. C-Corps

3 Key Differences in S-Corps vs. C-Corps

Irvine business lawyers provide assistance to companies in selecting the right business form. The choice of how a company structures itself as a legal entity can have a profound impact on the company and its owners, as well as on future business operations. Brown & Charbonneau, LLP helps you to make the right choice for […]

Battery Safety Concerns in Electronic Nicotine Delivery Systems (ENDS) Public Workshop – April 2017

Battery Safety Concerns in Electronic Nicotine Delivery Systems (ENDS) Public Workshop – April 2017 Workshop Objective Who Should Attend this Workshop? Registration to Attend or View Live Webcast of the Workshop Archived Webcast and Transcripts Presenters and Panelists FDA Invites Public Comments on Battery Safety Concerns in ENDS Key Dates Special Accommodations Contact for Questions […]

Does an Employee Need to be Paid Overtime?

Does an Employee Need to be Paid Overtime?

If your company hires workers, you need to talk with an Irvine employment lawyer to find out exactly what your obligations are under California law and federal law. There are many rules governing the employer/employee relationship, including minimum wage and overtime laws. Employees should also consult with an attorney if they believe their employer has […]

4 Mistakes New Businesses Make That Business Attorneys Help Avoid

4 Mistakes New Businesses Make That Business Attorneys Help Avoid

Irvine business attorneys can help startup companies to avoid making mistakes that could cause problems affecting the organization’s future success. There is a lot to know when starting a business and if the business owners are not 100 percent familiar with how to protect themselves and their fledging company, they could inadvertently set the company […]

How an Orange County Partnership Disputes Attorney Helps Save Your Relationship with Your Partner

How an Orange County Partnership Disputes Attorney Helps Save Your Relationship with Your Partner

An Orange County partnership disputes attorney can help you to save your relationship with a business partner if you and your partner get into a disagreement. There are many situations in business where tough decisions have to be made or where company owners have to make choices that could affect the future of the business. […]

FDA Extends Deadline for Submission of Ingredient Listings for E Cig & E Liquid Manufacturers

FDA Extends Deadline for Submission of Ingredient Listings for E Cig & E Liquid Manufacturers In the FDA’s revised guidance for submission of listing of ingredients for tobacco products, the FDA is announcing an additional 6-month compliance policy for newly deemed tobacco products on the market as of August 8, 2016. Under this policy, FDA […]

Tips for Telling Young Kids About a Divorce

Tips for Telling Young Kids About a Divorce

Talking with divorce attorneys is of vital importance when you and your spouse are contemplating ending your marriage. You need to work with legal professionals so you can make informed choices about how to end your marriage while protecting your rights. Brown & Charbonneau, LLP can provide you with assistance with all aspects of your […]

Common Reasons for Construction Disputes

Common Reasons for Construction Disputes

An Orange County construction disputes attorney can provide representation to contractors, developers, builders, investors, and others involved in real estate transactions. Both residential and commercial construction require substantial investment and involve tremendous uncertainty. Many things can go wrong during the process of building or remodeling, and disagreements often arise regarding who is responsible for, and […]

Child Custody Myths: A Guide for Parents in Orange County

Child Custody Myths: A Guide for Parents in Orange County from Gregory Brown It is a common myth that mothers always get sole physical custody, but this is not true. The court considers factors like who has been the primary caregiver, and does not give automatic preference to mothers. Learn more about child custody myths in […]

How Do You Know if You've Found the Right Family Law Attorney?

How Do You Know if You’ve Found the Right Family Law Attorney?

If you need a family law attorney, you may not know where you should start in finding a lawyer who you can count on. Understanding California Family Law can be complicated for those who are going through a divorce or separation, or who need help with any other legal matters related to their family relationships. […]

Three Types of Disputes an Orange County Business Litigation Attorney Can Help you Resolve

Three Types of Disputes an Orange County Business Litigation Attorney Can Help you Resolve

An Orange County business litigation attorney can provide assistance resolving many disagreements and problems that arise within business relationships. Business could not function without the legal system to protect the rights of companies; to govern business relationships; and to provide a resource for seeking a remedy when failures of performance occur. Because so many different […]

FDA Extends Deadline for E Cig Manufacturing Registration from 12/31/16 to 6/30/16

FDA Extends Deadline for E Cig Manufacturing Registration from 12/31/16 to 6/30/16 Registration and Listing Guidance Revised with New Compliance Period Click Here to Read Revised Guidance Today, the FDA issued the revised guidance, “Registration and Product Listing for Owners and Operators of Domestic Tobacco Product Establishments.” In the initial revised guidance issued in July […]

The Judges Have Spoken – We Have Been Given the Special Edition Judicial Award

The Judges Have Spoken – We Have Been Given the Special Edition Judicial Award.  Brown & Charbonneau, LLP has just been awarded the highest possible Martindale-Hubbell® distinction by both their  peers and the Judiciary!  In additional to their AV Preeminent Peer Rating, the Judiciary through Martindale-Hubbell has been given the Special Edition Judicial Award. For over 130 years, the […]

Should You Accept a Settlement in Business Litigation?

Should You Accept a Settlement in Business Litigation?

An Orange County business litigation lawyer provides assistance during civil litigation affecting you or your business. There are many different reasons why litigation may occur, as litigation is a primary method of resolving common disagreements that arise in business. You may be a plaintiff in business litigation if you are pursuing a case to assert […]

Common Types of Business Litigation: A Guide for California Residents

Common Types of Business Litigation: A Guide for California Residents

Common Types of Business Litigation: A Guide for California Residents from Gregory Brown Whenever there are multiple parties who own a business together, there is a possibility disputes could arise. Litigation could result due to a breach of fiduciary duty, a breach of contract claim, or another type of lawsuit to resolve disagreements. Learn more about […]

How Can I Protect a Family Business in Case of Divorce?

How Can I Protect a Family Business in Case of Divorce?

If you are the owner of a family business, you need to talk with Orange County family law attorneys about how to keep your company safe. You should talk to attorneys well before you actually get married so you can make smart decisions about how the business is structured. Your attorney can help you determine […]

US Senator Warns FDA that Congress will Target New E Cig Regulations

US Senator Warns FDA that Congress will Target New E Cig Regulations The Winston-Salem Journal reports: U.S. Sen. Ron Johnson, R-Wisconsin sent a letter Tuesday to FDA Commissioner Robert Califf that warns him that a Republican-controlled Congress and White House will target some, if not all, of the regulations that went into effect Aug. 8 […]

Australia Requested to Consider Permitting E Liquids and E Cigs with Limited Nicotine

Australia Requested to Consider Permitting E Liquids and E Cigs with Limited Nicotine. Currently, in Australia, all nicotine-containing products must be approved as “registered” medicines in the Australian Register of Therapeutic Goods before they can be marketed.  No approval has been granted to date. Recently, a proposal was submitted to the Therapeutic Goods Administration (TGA) by […]

E-cigarettes, a safer alternative for teenagers? A UK focus group study of teenagers’ views

E-cigarettes, a safer alternative for teenagers? A UK focus group study of teenagers’ views Click here to view Abstract of Study Abstract Objective Concerns exist that e-cigarettes may be a gateway to traditional cigarettes and/or (re)normalise teenage smoking. This qualitative study explores how teenagers in the UK currently perceive e-cigarettes and how and why they […]

New York Times reports U.S. Will Ban Smoking in Public Housing Nationwide But Not E Cigs

New York Times reports U.S. Will Ban Smoking in Public Housing Nationwide – But Not E Cigs Smoking will be prohibited in public-housing residences nationwide under a federal rule announced on Wednesday.  Officials with the Department of Housing and Urban Development said the rule will go into effect early next year, but they are giving public […]

Irvine Business Trial Lawyer Gregory G. Brown again Recognized Forbes “Leaders in Law”

Irvine Business Trial Lawyer Gregory G. Brown again Recognized Forbes “Leaders in Law”   Forbes Magazine Features Gregory G. Brown As “Leader in Law”

Quick Summary of New FDA E Cig Label Requirements

Here is a Quick Summary of New FDA E Cig Label Requirements.  These apply to anyone who manufactures, packages, sells, offers to sell, distribute or import for distribution of e cigarettes, e liquid and other “tobacco products”.  For all information on FDA deeming regulations, click here. ·      State the name and place of business of manufacturer […]

Four Things to Ask Orange County Divorce Lawyers

Four Things to Ask Orange County Divorce Lawyers

Orange County divorce lawyers provide invaluable information to men and women who are considering ending a marriage or who are on the path to divorce. There are many different things that you should be prepared to discuss with your divorce lawyer. There are also questions you should be certain to ask so you can ensure […]

How Can You Identify Financial Elder Abuse?

How Can You Identify Financial Elder Abuse?

An elder abuse attorney provides assistance to seniors and to their families after any type of elder abuse occurs. Unfortunately, elder abuse is far too common. There are many different kinds of abuse which affect seniors, including physical abuse, sexual abuse, and emotional abuse. While the types of abuse that cause injuries are often a […]

What if a Construction Project Isn't Performed to Specifications?

What if a Construction Project Isn’t Performed to Specifications?

If a construction project is not completed according to specifications, it is important to talk with a real estate litigation attorney as soon as possible. You may have a choice of different legal remedies to address the problems or defects in the construction.    When both residential and commercial construction projects are undertaken, there should […]

Pathways for an FDA E -Cigarette Premarket Authorization

Pathways for an FDA E -Cigarette Premarket Authorization The FDA regulations recently deemed a number of products, including electronic cigarettes and e-liquids, as tobacco products. According to the Food, Drug and Cosmetic Act (FDCA), all newly deemed tobacco products that were not on the market in the U.S. before February 15, 2007 are required to […]

Center for Disease Control (CDC) Reports Smoking down from 20.9% to 15.1%

Center for Disease Control (CDC) Reports Smoking down from 20.9% to 15.1% over a 10 year period from 2005 to 2015.  That is 45.1 million smokers down to 36.5 million smokers. Since tobacco use is the leading cause of preventable death in the US (and world) and cigarettes are the most common tobacco product, this […]

Why Do You Have to Pay Support if You Don't See Your Kids?

Why Do You Have to Pay Support if You Don’t See Your Kids?

An Orange County child support attorney provides assistance in understanding your support obligations. If you are a parent and your parental rights aren’t terminated, you may have to pay child support if you are not raising your children. You will have to pay this support to your ex for your children regardless of whether you […]

How Soon Should You Talk to a Family Law Attorney if You're Thinking About Divorce

How Soon Should You Talk to a Family Law Attorney if You’re Thinking About Divorce

If you are thinking about divorce, you should talk to a family law attorney right away. Even if you decide that you ultimately do not want to follow through on officially dissolving your marriage, getting legal advice can give you the tools and insight to make fully informed decisions about what your options are.  Brown […]

Bloomberg’s QuickTake on E Cigarettes

“Who’s that behind the glowing blue light? A smoker? Then what’s he doing in the office . . .” Read Bloomberg’s QuickTake on E Cigarettes Click here    

California Federal Judge Dismissed Most All of False Advertising Class Action Against E Cig Manufacturers

A California Federal Judge dismissed most all of of the false advertising class action against e cig manufacturers in the federal case of In Re Fontem US, Inc. Consumer Class Action Litigation.  Click here to read the lawsuit. The case involves a proposed class action lawsuit against numerous e cigarette manufacturers, including Blu E Cigs, of […]

Grandparents' Rights to Visitation

Grandparents’ Rights to Visitation

If you are a grandparent and not being allowed to see your grandkids, you should talk with Orange County child custody attorneys. There are laws in California which can allow grandparents the right to visit with grandchildren. However, the laws only apply under appropriate circumstances and certain conditions must be met. You also may need […]

How Divorce Attorneys Help You Avoid Financial Disaster After Divorce

How Divorce Attorneys Help You Avoid Financial Disaster After Divorce

Many people are concerned about the costs of hiring divorce attorneys and about the expenses associated with divorce. Worry over money is justified when a marriage ends. Divorce costs, on average, $15,000 to $20,000, according to the Huffington Post. This is a substantial amount of money for most people. For those with lots of wealth, […]

Understanding the Business Judgment Rule in Business Litigation

Understanding the Business Judgment Rule in Business Litigation

An Orange County business litigation lawyer provides representation when you sue a company, or when you or your organization are sued. In some cases, a lawsuit is not brought against a business but is instead brought against its corporate directors or board members. Facing personal liability for decisions made while serving as a director or […]

Challenging a Protective Order

Challenging a Protective Order

Orange County family law attorneys provide help in legal situations involving restraining orders. We can provide assistance to abuse victims who wish to seek a protective order to stop continued abuse and threats from occurring. We also offer representation in situations where a protective order has been sought against you and you wish to contest […]

What's Different About Divorce as a Senior?

What’s Different About Divorce as a Senior?

An Orange County family law attorney provides assistance to divorcing couples. If you are ending your marriage and you want an advocate to help you to understand California’s laws and protect your rights, we are here to help you. We offer representation to people who are getting divorced at all phases of life, so we […]

Upcoming FDA Pre-Market Tobacco Application Deadlines

August 8, 2016 has come and gone.  The compliance requirements are in effect for prohibition of sales to minors, prohibition of free samples, misbranding, child proof packaging, adulteration of product, .  What is next on the e-cig and e-liquid PMTA compliance date schedule? December 31, 2016 By December 31, 2016, manufacturers must complete and submit […]

Cochrane Review: Conclusions about effects of electronic cigarettes remain the same – they help people quit cigarettes!

Cochrane Review: Conclusions about effects of electronic cigarettes remain the same – they help people quit cigarettes! “An updated Cochrane Review recently published provides an independent, rigorous assessment of the best available evidence to date about electronic cigarettes for quitting smoking. The conclusions of this updated Review are unchanged since the last review was published […]

Study Shows Cigarette Smoke Harms DNA More Than Previously Thought

In a peer reviewed study published in Plos|One Journal, scientists conclude that there is significant harm, worse than previously thought, to the DNA from cigarette smoke.  This study further confirms that the harm from cigarette smoke, with over 70 known carcinogens, can be enormously more harmful than e-cigarette vapors as concluded recently by Public Health England […]

Update on E Cig & E Liquid Laws in All 50 States

For a few good summaries and resources on the many state by state regulations, check these links out! Public Health Law Center http://publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state- National Conference of State Legislatures reviewhttp://www.ncsl.org/research/health/alternative-nicotine-products-e-cigarettes.aspx Wikipedia E Cig Laws – U.S.  https://en.wikipedia.org/wiki/Regulation_of_electronic_cigarettes#United_States The e-cig/e-liquid attorneys at Brown & Charbonneau, LLP are up to date on all the issues that affect your […]

Have combustible cigarettes met their match?

Great article! Have combustible cigarettes met their match? The nicotine delivery profiles and harmful constituent exposures of second-generation and third-generation electronic cigarette users Research/Abstract done by Theodore L Wagener1,2, Evan L Floyd2,3, Irina Stepanov4, Leslie M Driskill1,2, Summer G Frank2, Ellen Meier2,5, Eleanor L Leavens2,6, Alayna P Tackett2,6, Neil Molina1,2, Lurdes Queimado2,7 http://tobaccocontrol.bmj.com/content/early/2016/10/11/tobaccocontrol-2016-053041.abstract Abstract Introduction  Electronic cigarettes’ (e-cigarettes) viability as a public health strategy to […]

Irvine Business Trial Lawyer Gregory G. Brown Has Been Awarded the AV Rating, the Highest Possible Rating Given by Martindale- Hubbell

Irvine Business Trial Lawyer Gregory G. Brown Has Been Awarded the AV Rating, the Highest Possible Rating Given by Martindale- Hubbell Gregory G. Brown of Brown & Charbonneau, LLP awarded the AV Preeminent® rating, which is the highest possible rating given by Martindale-Hubbell® Peer Review for a lawyer and is established wholly on a peer-review […]

FDA E-CIG REGULATIONS HAVE NEGATIVE EFFECTS ON PUBLIC HEALTH

FDA E-CIG REGULATIONS HAVE NEGATIVE EFFECTS ON PUBLIC HEALTH Vaping products are providing an alternative for those seeking to stop smoking cigarettes. While more research on vaping may be warranted, there is evidence that these products are helping many people quit using traditional tobacco. Nonetheless, the FDA has issued its new regulations of e-cigarettes, e-liquids and […]

What Can a Creditor Do to Collect a Debt

What Can a Creditor Do to Collect a Debt

What Can a Creditor Do to Collect a Debt from Gregory Brown Creditors have certain legal processes they can use in order to collect a debt. However, creditors must operate within the law. Creditors cannot violate the Fair Debt Collection Practices Act. This act restricts things like calling very early in the morning or sending […]

How to Prepare Before Meeting with Divorce Attorneys

How to Prepare Before Meeting with Divorce Attorneys

If you are thinking about ending your marriage, Orange County divorce attorneys can provide you with the representation and advocacy that you need to make smart and informed choices. You want to schedule a meeting with a divorce attorney as soon as you can so you will understand what the divorce will entail and what […]

When Do Partnership Disputes Lead to Business Litigation?

When Do Partnership Disputes Lead to Business Litigation?

An Orange County business litigation attorney provides help in situations where a partnership dispute has arisen. An attorney can help you to determine what the best approach is to resolving the partnership dispute. In some cases, litigation may be the best approach, while in other situations there are better alternative solutions such as mediation or […]

E-Cigarettes And The Values Behind The Evidence

It is becoming increasingly difficult to make the case against e-cigarettes on the basis of scientific evidence. A second Cochrane Review—the gold standard when it comes to assessing the state of the evidence on hot topics from salt to fat to smoking—has concluded that these nicotine-delivering devices that involve no combustion may help smokers quit […]

Typical Costs of a Divorce in Orange County

Typical Costs of a Divorce in Orange County

An Orange County divorce attorney can provide you with help in understanding the costs that are associated with the divorce process. With help from your attorney, you can explore ways to try to lower the costs of divorce so you can end your marriage without ruining your finances.  Brown & Charbonneau, LLP understands that covering […]

Why Get Help from an Employment Lawyer Before Hiring Your First Employee?

Why Get Help from an Employment Lawyer Before Hiring Your First Employee?

If you are thinking about hiring an employee for your company for the first time, you should speak with an Orange County employment lawyer first. You have many responsibilities as an employer and you need to make certain that you understand the labor laws and tax laws applicable to you so you do not find […]

Canada moves to regulate vaping products to help protect young people

Canada moves to regulate vaping products to help protect young people OTTAWA—The Liberal government says it plans to introduce legislation later this fall to regulate vaping. Health Canada says the move will balance the need to protect young people from nicotine addiction while allowing adult smokers to legally buy vaping products and e-cigarettes to help […]

When Should You Get Help from a Huntington Beach Partnership Disputes Attorney?

When Should You Get Help from a Huntington Beach Partnership Disputes Attorney?

If you and your partners are involved in a disagreement, it is a good idea to reach out to a Huntington Beach partnership disputes attorney as soon as possible. The longer you allow your disagreement to go on, the more damage you can do to your partnership and to your business. You should ensure that you […]

How a Huntington Bach Business Litigation Lawyer Helps Prepare for Court

How a Huntington Bach Business Litigation Lawyer Helps Prepare for Court

A Huntington Beach business litigation lawyer provides invaluable assistance to companies who are suing someone, or who are being sued by someone. Litigation is a very complicated process, and the stakes can be very high for your business. You need to be as prepared as possible to make convincing arguments in order to try to […]

Real Estate Fraud Update – Adverse Party Refers Friends to B&C

Since the favorable resolution of the recent six figure real estate fraud dispute, Brown & Charbonneau, LLP received the ultimate complement or testament to its skills and ability. One of the ADVERSE PARTIES in that case referred their friend to the real estate litigation attorney Gregory G. Brown for a real estate dispute.  They did […]

How Should You Decide Whether to Get a Divorce?

How Should You Decide Whether to Get a Divorce?

A Huntington Beach divorce attorney can assist you if you are going through the process of deciding the future of your marriage. Many marriages end in divorce, but if your marriage is in trouble, you may be torn about whether to try to work things out or whether it would be better for you and […]

Can You Invalidate a Prenup That Addresses Spousal Support?

Can You Invalidate a Prenup That Addresses Spousal Support?

If you are getting divorced and have a prenuptial agreement in place, you should discuss the impact of your prenup with a Huntington Beach divorce lawyer. You may be able to invalidate your prenup if you do not want certain clauses enforced, such as a clause in a prenup which addresses the issue of spousal […]

Who Pays for the House: A Guide for Couples with Joint Property Who Are Separating

Who Pays for the House: A Guide for Couples with Joint Property Who Are Separating

Who Pays for the House: A Guide for Couples with Joint Property Who Are Separating from Gregory Brown You and your spouse should talk to each other to come to an arrangement for who is going to pay for the home during the process of ending the marriage. If you cannot come to an agreement […]

Overview of New FDA E Cig/E Liquid Regulations

Overview of New FDA E Cig/E Liquid Regulations Tobacco Products deeming Rule On May 10, 2016, the US Food and Drug Administration (FDA) published its final rule to deem all “tobacco products” as within its authority and subject to the Tobacco Control Act (TCA).  These are the new FDA e cig / e liquid regulations. Legal […]

What are the Grounds Having a Marriage Annulled

What are the Grounds Having a Marriage Annulled

What are the Grounds Having a Marriage Annulled from Gregory Brown Rules for Annulling a Marriage, There are limited circumstances under which a marriage can be annulled some marriages are considered to be automatically invalid. Others can be declared invalid if a request for annulment is made but will not automatically be considered invalid. Learn more about […]

Where Should You Get a Divorce if Your Spouse Lives in a Different State?

Where Should You Get a Divorce if Your Spouse Lives in a Different State?

If you are thinking about getting a divorce and you and your ex live in different states, you should speak with a Tustin divorce lawyer as soon as possible. The process of getting divorced becomes more complicated when you do not live in the same place and you do not want to take a chance on […]

Top Reasons to Hire a Huntington Beach Trade Secrets Lawyer

Top Reasons to Hire a Huntington Beach Trade Secrets Lawyer

A Huntington Beach trade secrets lawyer should be hired by companies who wish to make the protection of intellectual property a priority. An attorney can provide assistance with understanding how the law works to effectively protect your trade secrets and your other proprietary property and information.   Your trade secrets and other intellectual property may […]

Annulment vs. Divorce- Which is Right for You?

Annulment vs. Divorce- Which is Right for You?

If you are considering ending a marriage, you should talk with a Tustin divorce attorney in order to determine whether the marriage should end through annulment or the marriage should end through divorce. Although both annulment and divorce will leave you no longer married, the processes are different and you may have a preference for […]

How a Santa Ana Divorce Lawyer Helps Avoid Costly Divorce Mistakes

How a Santa Ana Divorce Lawyer Helps Avoid Costly Divorce Mistakes

If you are ending your marriage, you should talk with a Santa Ana divorce lawyer to find out how an attorney can help you to avoid costly mistakes. Divorce can have a dramatic financial impact on your life, and you want to ensure that you do everything you can to stay financially stable after your […]

How a Family Law Attorney Helps with Stepparent Adoptions

How a Family Law Attorney Helps with Stepparent Adoptions

If you are considering stepparent adoption, you should talk with a Santa Ana family law attorney. Stepparent adoption can be a great solution for some blended families, but is not appropriate in all situations. A stepparent who adopts a child also needs to understand the full extent of the responsibilities which are being taken on […]

Brown & Charbonneau, LLP Obtains Six Figure Settlement in Real Estate Fraud Case

Brown & Charbonneau, LLP Obtains Six Figure Settlement in Real Estate Fraud Case August 2016 Irvine, CA Brown & Charbonneau, LLP prevailed in another real estate fraud and breach of contract case. Just 30 days before the Orange County fraud trial, the Irvine business trial lawyer, Gregory G. Brown, obtained a six figure settlement for […]

FDA Files Opposition and its Own Summary Judgment Motion in Nicopure Lawsuit

FDA Files Opposition and its Own Summary Judgment Motion in Nicopure Lawsuit http://www.clivebates.com/documents/FDAresponse.pdf

How Does a Divorce Attorney Help Victims of Domestic Violence?

How Does a Divorce Attorney Help Victims of Domestic Violence?

If you are a victim of domestic violence, you should talk with a Santa Ana divorce attorney as soon as possible. Divorce is often the best way to put an end to the abuse and to move on with your life in a healthy way. However, you need to make sure you understand the protections […]

Can You Get Spousal Support if You Want to Go Back to School?

Can You Get Spousal Support if You Want to Go Back to School?

A Santa Ana spousal support attorney can provide you with advice on how to secure spousal support when your marriage is ending. Depending upon factors like the length of your marriage and any disparity in income, you may be entitled to either temporary alimony or ongoing support. Temporary support is appropriate in situations where you need […]

New California E Cig & E Liquid Laws

SUMMARY: Several new Assembly and Senate Bills have been passed affecting sale, use, advertising and licensing of electronic cigarettes in California. Briefly, under the new California laws, the definition of “tobacco product” is amended to include all vapor products. The legal age to purchase and use tobacco products was raised from 18 to 21. Vaping […]

FDA Rule Describes Acceptance Threshold for Tobacco Product Applications

FDA Rule Describes Acceptance Threshold for Tobacco Product Applications Today, FDA issued a direct final rule describing when the agency would refuse to accept a tobacco product application. Types of tobacco product applications include: requests for exemption from demonstrating substantial equivalence (SE), SE reports, premarket tobacco applications (PMTAs), and modified risk tobacco product (MRTP) applications. For example, under […]

Right To Be Smoke Free Coalition Takes on FDA

 Right to Be Smoke-Free Coalition, et al v. Food and Drug Administration, et al (Case No. 1:16-cv-01210) On June 20, 2016, ten (10) national and state advocacy and trade associations representing the ENDS industry, including manufacturers, distributors and retailers, filed a lawsuit against the Food and Drug Administration (FDA), Robert Califf, MD (Commissioner of the […]

California’s Prop 65 for E Cig and E Liquid Industry

California’s Prop 65 for E Cig and E Liquid Industry Lawsuits have recently been filed in California against e-liquid companies for violating Proposition 65 (Prop 65), which requires businesses to provide “clear and reasonable” warnings when they “expose” Californians to listed chemicals identified by the State to cause cancer or reproductive harm. (Health & Safety […]

Overview of European Union Tobacco Products Directive (“TPD”)

European Union Tobacco Products Directive In May 2016 the European Union’s (EU) revised Tobacco Products Directive (TPD) came into effect. The TPD is intended to introduce harmonized standards across the EU, improve the quality of products and reduce the risk of accidents, particularly in relation to children accidently drinking liquids or products leaking. To achieve […]

Child Nicotine Poisoning Prevention Act of 2015

Child Nicotine Poisoning Prevention Act of 2015 On July 26, 2016, the Child Nicotine Poisoning Prevention Act (Act) became effective and requires manufacturers of nicotine-containing e-liquids to comply with the child-resistant packaging and testing requirements set forth in the Poison Packaging Prevention Act of 1970 (PPPA). Specifically, the law applies to “liquid nicotine containers,” defined to include […]

Indiana E Cig and E Liquid Legal Update

On July 12, 2016, the Indiana  Alcohol and Tobacco Control published a new FAQ section on its website.  It states that due to inconsistent information it provided, the Indiana State Excise Police (ISEP) will extend a period of “educational enforcement” for 60 days beginning June 30, 2016.  During that time retailers and manufacturers will be allowed […]