Sound Business Insights

In this episode of Sound Business Insights we speak with Katya Adams, the Office Administrator for the Watkins Firm.  Kat works with our employer clients to answer any questions they may have, set up new employee practices as well as consulting on the employee handbook, policies and procedures and best practices for managing employees and associated documentation.  The majority of the conversation focuses upon smaller employers as many larger employers have their own HR personnel.  The conversation with our clients starts with a review of their current practices.  Kat then covers issues such as overtime policy, sick leave, Paid Time Off (PTO) and even the difference between hourly and exempt employees.  California has very specific laws which must be observed, and then in addition, San Diego (and other metro areas across the state) have their own laws and regulations.  The conversation turns to how to handle crucial conversations, documentation, the management of those who attempt to abuse the systems and even the types of questions an employer may ask during the interview.  Kat reviews valid social media practices, the rules regarding a background check and all of the information the employer should maintain in their employee files.  This is an interesting conversation about the responsibilities of an employer, how they can stay abreast of updates and changes to the law and how the Watkins Firm can provide valuable guidance and support to our employer clients.

Sound Business Insights Episode 21 - War Stories Part 2 continues the conversation with Dan Watkins about genuine scenarios the firm has worked through in the past which might be valuable to any business professional, executive, employer, member, shareholder or investor.  This episode begins with the fact that the best thing any employer can do at the first hint of an employee dispute is to contact the Watkins Firm immediately for a free consultation.  In many cases we are able to counsel our clients and provide insight into how they can not only protect their interests, but take action to remediate or remedy the situation at hand to reduce potential exposure(s).  Dan shares a few stories about a few appearances on Good Morning America and other national television broadcasts - national cases in which the Watkins Firm was able to achieve a positive outcome for clients against substantial corporate interests.  The conversation turns to shareholders, members and investors who invest in a company only to run into problems down the road.  Dan says, it is most often when success arrives that disputes - usually surrounding money - arise.  Dan discusses representing physicians who were part of a national chain of service entities where an officer in the corporate entity was inappropriately allocating expenses to each group which were inappropriate and vastly overstated.  The conversation turns to the topic of PAGA - Private Attorneys General Act - lawsuits and the rise in the cases facing California and San Diego employers in the past few years.  Learn more about actual cases, what was learned and how you can protect your company and investment now and in the future.

Dan shares stories about his 40+ year career as an attorney and lessons learned along the way.  In this fascinating look into the recent past, Dan shares what it was like as a young trial lawyer in the 1980's and a few of his first cases which drew the attention of national TV audiences.  War stories provides behind the scenes look at some of his early important cases, how his success with cases no one thought he could win, sexual harassment (employer), shareholder disputes, developers, inventors, and business owners.  From Voire Dire to preparing for trial, from the inside of each case to what he's learned as an attorney and a man, Dan Watkins takes us into the Courtroom and inside some very interesting cases.

Your business attorney should provide more than just legal services.  They should be one of your most trusted business advisors.  In this episode, Dan discusses why it is so important to find the right attorney for your company and how the Watkins Firm works closely with our clients, many across decades.

Your business attorney should be with you from formation through setting up contracts and handling employment obligations.  Your business attorney should have the experience to provide insight into every aspect of your company including acquisitions, business disputes, employee issues and even preparing your own company to be sold.  

Listening to Dan speak about this important business relationship reveals the true nature of the partnership between a business attorney and their client(s).

The California Private Attorneys General Act or "PAGA" is a significant risk for employers in San Diego, Southern California and across the State.  This Qui Tam (whistleblower) type action can allow an employee or group of employees to sue their employer on behalf of the State of California and keep a lot of the money generated in the process.  In this episode, Dan Watkins shares the essence of a PAGA action, what you should do if you face a PAGA lawsuit and strategies to reduce your exposure to these actions from the outset.  PAGA defense is one of the many services the Watkins Firm provides to employers as part of our employer defense legal services.

In this episode, Dan Watkins defines a fiduciary duty and what happens when a fiduciary duty is breached or violated.  When does the fiduciary duty begin?  What is a fiduciary required by law to do?  Dan Watkins provides many examples of those who legally owe a fiduciary duty to their client, business associate or other beneficiary.  This podcast discusses what is required to prove a breach of fiduciary duty, the defense of “the business judgement rule,” and civil consequences for breach of a fiduciary duty.

Sound Business Insights Episode 16 – Unfair Competition provides an outline of a broad area of the business and commercial code: unfair competition.  Unfair competition covers a broad range of issues from deceptive advertising  and bait and switch tactics, to misappropriation of trade secrets and false representations, to intellectual property infringement and outright fraud.  Dan Watkins provides insight into resulting lawsuits and the defense of unfair competition.

Dan Watkins of the Watkins Firm discusses the importance of contracts in our new Sound Business Insights Podcast Episode 15 – Contract Law.  What is a contract?  What are the laws which govern a contract here in California?  Did you know that the drafter of a contract is presumed to be liable for any vaguery within the contract in the event of a dispute?  This is why it is so important to entrust the creation of your business and transactional contracts to the experienced contract law attorneys at the Watkins Firm.

We discuss a variety of contractual agreements such as:

• Corporate documents including a Shareholders’ Agreement or Operating Agreement
• Contracts between your company and suppliers
• Sales and service agreements
• Employment contracts
• Contracts for distribution or licensing

There is absolutely a correlation between the quality of the contracts of the corporation, LLC or partnership and the success of their relationships and transactions.

In this insightful episode, Dan Watkins discusses the essence of shareholders' rights and the disputes which come out of business investments.

What are some of the common tactics a shareholder should be aware of?  How can the majority interest abuse their position to take advantage of minority investors and minority shareholders?  What are the rights of a shareholder in California?  How should a shareholder protect their rights and interests?

When money is on the table there are unfortunately a lot of tactics used to cut people out of the money they deserve.  Learn about shareholders' rights and disputes from an experienced, proven litigator and business attorney.

Mergers and Acquisitions may sound like a big term which only applies to large corporations.  However, M&A is actually one of the most common business strategies to expand a company or to grow your business into new geographic or vertical markets.

What is a stock purchase and what is an asset purchase?  What is the difference between them and when should you use each strategy?  What are the risks for the buyer?  What are the risks for the seller?  

Learn about the importance of due diligence and the details required to accomplish a successful sale or acquisition.  

In the second part of our discussion on resolving business disputes Dan focuses on Arbitration and taking a case to trial, as well as the leverage this brings to drive the case to a settlement.  What is the difference between mediation and arbitration?  What is the difference between arbitration and a Court trial?

What is "The Dance" and how do Judges and Mediators use this to help the parties to ultimately reach an agreement to resolve a business dispute?  Dan continues this lively discussion on how business disputes are resolved in the real world and how the Watkins Firm can help you to gain a leg up on the competition.

There are many ways to resolve a business dispute.  Learn about the unique strategy the Watkins Firm employs to resolve business disputes quickly and in a cost-effective manner.  There are four ways to resolve a business dispute: Negotiation, Mediation, Arbitration and Litigation.

Dan discusses the art of resolving a dispute and how we work with our clients to help them to accomplish their goals in each situation while resolving the situation quickly and efficiently.  

Learn about "The Dance" and what is required before many business disputes can be resolved.  Interesting stories and insight from a dispute resolution attorney with more than 3 decades of experience.

In this episode of Sound Business Insights Dan Watkins discusses why it is important to have a strong corporate attorney on your team.  How have fellow members and shareholders taken advantage of their companies in the past?  What is the corporate veil and why is it so important?  You need a strong corporate attorney on your team.

In this episode, Dan Watkins provides an introduction to mergers and acquisitions, stock purchase and asset purchase transacations and the due diligence required in these deals.  What does a seller need to know?  How about a buyer?  What are the risks and the payoffs?

Dan Watkins provides an overview of our legal services in commercial and residential real estate legal issues and disputes.  Learn about a variety of real estate issues from commercial development to neighbor disputes, from "specific performance" to water challenges.  The legal team at the Watkins Firm has served the San Diego real estate community for more than 40 years.

Being an employer in San Diego or anywhere in California is a minefield of federal, state and local laws and regulations.  Employers face employee lawsuits, independent contractor misclassification, and investigation by the Labor Board or another CA state agency.  This episode provides sound counsel and some guidance for CA and San Diego employers

Corporate Documents

                Articles of Incorporation              

Bylaws

                Operating Agreement (LLC)

                Shareholders’ Agreement (Corp)

Share Ledgers / Share Certificates

                Minutes / Annual Meeting Requirements / Corporate Recordkeeping

Contracts

The Rule of Contracts: Contra Poferentem (Interpretation Against the Draftsman)

                Devil is in the details / risk of ambiguities

Download vs Custom Tailored

Suppliers / Vendors

Distribution / Licensing

Sales Contracts

Employment Contracts (General Overview, we’ll get deeper here in the Employer Section)

Raising Investment Capital

                Seed Money     

Friends / Family

                Private Placements

                Bringing in partners, giving up a piece of the pie