BERYS LAW | Business, Real Estate, Wills/Trusts

California, often considered a hub for innovation and entrepreneurship, is home to a thriving freelance economy. If you're a freelancer in the Golden State, it's essential to be aware of the specific laws and regulations that govern your work. 

Understanding these legal aspects can help you navigate your freelance career with confidence and compliance. Here, we'll outline some crucial laws that freelance workers in California need to know.

AB5 and AB2257: Understanding Worker Classification

One of the most significant legal developments for freelancers in California is Assembly Bill 5 (AB5), which went into effect in January 2020. 

AB5 established stricter criteria for classifying workers as independent contractors, aiming to ensure proper employee benefits and protections. However, AB2257, which followed later, provides more exemptions for certain freelance professions. 

Be sure to understand how these bills affect your specific industry and ensure you're...

Navigating the complex world of taxes is an integral part of running a successful small business. While many entrepreneurs rely on accountants or tax software, there are situations where the expertise of a tax attorney will be needed. 

If you want to learn more about what a tax attorney does, we'll explore the various ways they can assist your small business in managing its tax obligations effectively.

Tax Planning and Strategy

A tax attorney is well-versed in tax law and can help you develop a comprehensive tax strategy for your business. They can analyze your financial situation, business structure, and long-term goals to create a plan that maximizes deductions and minimizes tax liabilities. This proactive approach can save your business money and make sure that you comply with all relevant tax laws.

Handling IRS Audits and Disputes

Facing an IRS audit can be a daunting and stressful experience for any small business owner. A tax attorney can step in and represent your...

A business succession plan is a structured strategy that outlines how a business will be transferred, sold, or otherwise transitioned to new ownership or management when certain events happen. These could include the retirement, disability, death, or voluntary exit of the current owner(s) or key stakeholders in the business.

Creating a solid business succession plan is a proactive approach that not only safeguards the business's continuity but also ensures that the owner's hard work and investment are protected.

Here’s what you need to know about the key steps to create an effective business succession plan.

Start Early and Plan Strategically

Early planning is essential for a successful business succession. Begin by assessing your long-term goals for the business and determining the ideal timeline for the transition. Consider your retirement age, the capabilities of potential successors, and the current state of the business.

Identify Potential Successors

Identifying...

Starting a successful business involves numerous legal considerations. From formation and contracts to compliance and intellectual property, legal matters are integral to the smooth operation of any enterprise. 

This is where the skills of a business lawyer come in. In this article, we'll explain how a lawyer can assist with planning your business and why their expertise is invaluable in safeguarding your interests. Read on. 

Choosing the Right Business Structure

When starting a business, you need to choose the appropriate legal structure, such as sole proprietorship, partnership, LLC, or corporation. Each structure has distinct legal implications regarding liability, taxation, and management. 

A lawyer can offer guidance on selecting the structure that aligns best with your business goals and protects your personal assets.

Drafting and Reviewing Contracts

Contracts are the foundation of any business operation, governing relationships with customers, vendors,...

Navigating the legal landscape of the workplace benefits both employers and employees. When you understand and address common legal issues, you can help maintain a healthy work environment and protect individual rights. 

Below, we will explore some of the most prevalent legal concerns in the workplace and provide insights on how to handle them effectively.

Discrimination and Harassment

Discrimination and harassment remain pervasive issues in many workplaces. They can manifest in various forms, including age, gender, race, religion, and disability discrimination. 

Employers must create a culture of inclusivity and take immediate action when such incidents occur. Some strategies include establishing clear policies, conducting regular training, and implementing robust reporting mechanisms. These are essential for preventing and addressing discrimination and harassment.

Wrongful Termination

Wrongful termination claims arise when an employee believes they were fired unfairly,...

Selecting the appropriate legal structure is one of the most important things you need to consider when starting a business. It shapes how the business operates, how it is taxed, and how its owners are protected from liabilities. 

While there are various options available, understanding the nuances of each will help you make an informed choice. In this guide, we’ll discuss some key considerations to help you decide. 

Sole Proprietorship

This is the simplest and most common form of business structure. In a sole proprietorship, the business is owned and operated by a single individual. It offers full control and easy decision-making but also means that the owner is personally liable for all business debts and liabilities. This structure is well-suited for small, low-risk ventures.

Partnership

A partnership involves two or more individuals who share ownership and responsibilities in the business. Partnerships can be general (where all partners have equal responsibility...

In the dynamic world of business, legal matters are inevitable. This means that having a skilled business attorney by your side can help you navigate the legal landscape successfully. 

However, keep in mind that not all attorneys are created equal, and choosing the right one can significantly impact the trajectory of your business. Below, we outline the key factors to consider when hiring a business attorney to ensure you have the best possible legal representation.

Expertise and Specialization

Business law is a broad field that encompasses various areas, such as contract law, intellectual property, corporate governance, and employment law. When searching for a business attorney, choose someone with specific expertise in the areas relevant to your business needs. 

A specialized attorney will have a deeper understanding of the intricacies and nuances of your industry and can provide targeted advice and solutions.

Reputation and Track Record

Research the attorney's...

Running a business involves navigating a complex web of legal considerations. From formation to day-to-day operations and even potential disputes, legal issues are an integral part of the business landscape. 

Some entrepreneurs might be tempted to handle legal matters on their own; however, there are critical situations where the expertise of a business lawyer is invaluable. 

1. Business Formation and Structure

Choosing the right legal structure for your business is a crucial decision that has long-term implications for liability, taxes, and governance. 

Whether you're starting a sole proprietorship, partnership, limited liability company (LLC), or corporation, a business lawyer can provide essential guidance. They can help you understand the legal implications of each structure, select the most appropriate one for your goals, and assist in the proper filing and documentation.

2. Contracts and Agreements

Contracts are the backbone of any business. From vendor...

Starting a family business can be an exciting and rewarding venture. It allows family members to work together towards a common goal while building a legacy for future generations. 

However, just like any other business, a family business must navigate various legal considerations to ensure its success and longevity. Addressing these legal matters from the outset can help prevent disputes and protect the interests of all family members involved.

Here are some essential legal considerations to keep in mind. 

Business Structure

Choosing the right business structure is a critical decision that impacts liability, taxes, and the management of the business. Common business structures for family businesses include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations.  

Each structure has its advantages and disadvantages, make sure that you carefully consider the specific needs and goals of your family business before deciding. 

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