Steven Stark Business Lawyer for Oakland, CA
Joshua Garber Business Lawyer for Oakland, CA
Ben Richter Business Lawyer for Oakland, CA
Zachary Strebeck Business Lawyer for Oakland, CA
Colin Breeze Business Lawyer for Oakland, CA
Jeffery Graham Business Lawyer for Oakland, CA
Chetan Gupta Business Lawyer for Oakland, CA
Brad Bertoglio Business Lawyer for Oakland, CA
Michael Boswell Business Lawyer for Oakland, CA
Oakland Business Lawyers
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Our experienced Oakland business attorneys & lawyers handle both transactional matters and litigation involving business and commercial disputes. The business attorneys found on UpCounsel offer a broad range of practice areas relevant to small businesses and their owners, including Business formation, Commercial transactions, Employment law, securities, litigation, contracts, taxes, intellectual property protection & litigation, and much more.
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- 3 min read
What is Secured Debt?
Secured debt is a debt that's secured by pledging an asset for collateral. It means someone took on a debt and backed it with a piece of property they own. The lender puts a lien on the asset that's been pledged, giving them the ability to legally take the asset if the debt is defaulted on.
Common examples of a secured debt include a mortgage and a car loan. The car or the house become the security asset for the debt that you took on. If you default on the payments for any reason, the lender has the right to take you to court in order to recover the asset.
A lender usually requires the asset be maintained and/or insured to a set standard in order to maintain asset value. For example: a lender who issues an auto loan requires the borrower to obtain a specific type and level of insurance coverage
- 5 min read
Anti-Dilution provision is a clause that gives an investor the right to maintain the same percentage ownership of a company by purchasing a proportional amount of shares in the future when securities are issued.
Dilution: What Is It?
To understand what “anti-dilution” is, you must first understand the meaning of dilution.
The term, “dilution” refers to an event in which the shareholders’ ownership of a company is reduced due to the issuance of new shares in that particular company. The ownership percentage is decreased as the whole capital is increased, the concept is simple as that.
Dilution occurs when you issue new stock in a company. Consider an investor who owns 30 out of a company's 100 shares; technically, he owns 30 percent of the company.
Imagine the corporation now issues 100 new shares to raise capital.
- 4 min read
What Is an Acceleration Clause?
An acceleration clause (also called an acceleration covenant) is a provision, often written into loan agreements and promissory notes, that gives the lender, under certain circumstances, the right to require the borrower to pay off the entire loan amount immediately. Acceleration clauses are most commonly found in mortgage contracts and real estate loans. In the case of a mortgage, the acceleration clause is often triggered when the borrower (mortgagor) fails repeatedly make his payments on time.
Acceleration Clauses and Startups
- 11 min read
What Is a Non Solicitation Agreement?
A non solicitation agreement is a common contract clause that says if you work for a competitor, you won't solicit any business clients, bring over any employees, or use any confidential information connected to your current job. In other words, you can't use your old company contacts to help your new company.
For example, imagine you're a high-ranking salesperson for a company that sells copper wire. Because of your job, you've spoken with copper wire buyers all across the globe. One day, a different copper wire seller offers you a better job and you accept. If your employment contract with your first job has a non solicitation agreement, you can't go to the copper wire buyers and ask them to switch suppliers because you've switched employers. The same applies if you go into business
- 4 min read
Indemnification: What is it?
Indemnification means one party agrees to pay losses incurred by another to a third party.
For example, if you were a business owner selling Widget XYZ as an original design to a retailer, and your contract with the retailer contains an indemnity clause, you, rather than the retailer, would be responsible to pay the retailer’s legal costs and expenses if the retailer is sued by a third party who claims Widget XYZ is a copy of their product.
In most cases, the requirement to indemnify must be contained in a written contract between the parties. However, in some states parties may be required to pay for the losses of another in certain limited circumstances.