Business Lawyers in Berkeley

California arbitration clauses are widely enforced under the Federal Arbitration Act (FAA) — but unconscionability, class-action waiver issues, and the 2022 EFAA (sexual-harassment carve-out) limit some clauses.

California breach-of-contract claims require valid contract + breach + damages — but most cases turn on what damages can be proved, not whether breach occurred.

California business divorces — partner / shareholder splits — usually involve buyout valuation, fiduciary breach claims, and potentially judicial dissolution. Operating agreement controls when written; courts fill gaps when not.

California class actions follow Federal Rule 23 (or state equivalent) — class certification is the critical battle, with numerosity, commonality, typicality, and adequacy required.

California businesses pursuing commercial debts navigate state collection laws, statutes of limitations, mechanic's liens, judgment enforcement, and FDCPA exemptions for original creditors.

California commercial leases differ fundamentally from residential — far less tenant protection, more negotiation, and major financial commitments. Common types: gross, net (NNN), modified gross, percentage.

California consumer protection laws — state UDAP statutes + federal FTC Act + Magnuson-Moss + similar — provide treble damages + attorney's fees for deceptive business practices.

California corporations require articles of incorporation + bylaws + initial board meetings + ongoing compliance — federal C-corp / S-corp tax election decides taxation.

California LLC formation costs $70. Annual obligation: $800 annual franchise tax minimum + $20 statement of information every 2 years.

California franchise law combines the federal FTC Franchise Rule with state-specific franchise registration / disclosure / relationship laws.

California M&A transactions can be structured as asset sales, stock sales, or mergers — each with different tax, liability, and legal consequences for both buyer and seller.

California non-disclosure agreements are generally enforceable as ordinary contracts. STAND Act (2018, expanded 2022) bans NDAs in settlement of sexual-harassment, sexual-assault, and other discrimination claims.