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February 2018 Archives

Do You Have a Strong Employment Contract in Place?

California business owners know that contracts are an important aspect of doing business. These protect your interests as the owner, as well as the other party involved. It is particularly beneficial to leverage the benefits of employment contracts to shield yourself from potential complications with your employees.

There's a Reason They Are Called Trade 'Secrets'

Whether you're already a successful California business owner or a budding entrepreneur, you likely consider protecting your assets a high priority. When it comes to business, not all assets are physical property. In fact, many creative thinkers have built an entire business market around intellectual and digital properties and products. In short, you need to worry about more than money when focusing on protecting your business rights and interests.

Intellectual Property and the Fashion Industry

The success of every fashion-based company is built upon their intellectual property. Without intellectual property protection, prominent fashion designers and suppliers would die out, simply overwhelmed by the clones and copies that are selling for a fraction of the price.

Fourth Amendment, Search and Seizure, Return of Property, Business Records, and Over Seizure

Often, the first time a person becomes aware that he or she is the target of a white collar criminal investigation is with the execution of a search warrant on his or her business and residence, where, pursuant to the search warrant, a law enforcement agency seizes a large portion or, sometimes, all of a company's corporate, business, and financial records. This can be a stressful time, and the government's over-seizure of your company's records can complicate things both legally and, as a practical matter, for you if you seek to continue to run your business.

Vindictive Prosecution and Dismissing Improper Indictments

Sometimes, the government crosses the line and files charges for punitive purposes. This is a clear violation of a defendant's Fifth Amendment right to due process, which is known as vindictive prosecution, and an indictment brought against a defendant for such an improper and punitive purpose may be dismissed. More specifically, the United States Supreme Court has held that "[a] prosecutor violates due process when he seeks additional charges solely to punish a defendant for exercising a constitutional . . . right," United States v. Gamez-Orduno, 235 F.3d 453, 462 (9th Cir. 2000), citing Bordenkircher v. Hayes, 434 U.S. 357, 363 (1978), which warrants dismissal of the criminal case, if the defendant can prove the punitive purpose. See e.g., Blackledge v. Perry, 417 U.S. 21, 28-29 (1974) (prosecutor impermissibly obtained a felony indictment resulting in a five to seven-year sentence after the defendant had received a six-month sentence for an assault and had exercised an absolute right of appeal and to trial de novo allowed under North Carolina law).

California, Fraud, Statute of Limitations, and Delayed Discovery

Sometimes, a plaintiff files an untimely lawsuit, which results in the devastating end result that the plaintiff will be barred from receiving any recovery by California's unforgiving statute of limitations. This is especially true with fraud claims, as the statutory provisions and caselaw can be a minefield for those who are not familiar with California law.

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