Courts are often asked to determine whether certain rights that clearly apply to individuals also apply to entities (corporations, limited liability companies, etc.) In a recent decision, Federal Communications Commission v. AT&T, the United States Supreme Court determined that personal privacy protections contained in the Freedom of Information Act do not apply to corporations.
Most commercial leases contain a clause stating that the landlord’s acceptance of less than full performance by the tenant does not constitute a waiver of the landlord’s right to demand full perfomance. These clauses are commonly known as “no-waiver” clauses. In a recent California Court of Appeal decision, Gould v. Corinthian Colleges, Inc., the court… read more
Many contracts contain a provision requiring arbitration of disputes arising from the contract. Arbitration is resolution of a dispute by one or more private decision makers (arbitrators). Decision makers are frequently, but not always, former judges. With some limited exceptions, the arbitrator’s compensation is divided equally between the parties. When a party to an arbitration… read more
California law permits parties to waive their right to jury trial and to resolve their disputes by binding arbitration. However, such a waiver must be contained in an agreement providing actual notice to all parties. In Villa Vecenza Homeowners Association v. Nobel Court Development, LLC, the California Court of Appeal held that covenants, conditions, and… read more
A plaintiff who loses a lawsuit brought under the federal Fair Debt Collections Practices Act is not liable for the defendant’s court costs except in the unusual circumstance that the trial court finds the plaintiff sued in bad faith and for purposes of harassment. Normally, a party who loses a lawsuit is liable for the… read more
Small businesses should not only think carefully about the appropriate form for the operation of the business, but also for the possible end of the business. When a corporation ceases doing business, it may be dissolved. However, not all states treat a dissolved corporation the same a California does. This distinction was recently illustrated in… read more