San Diego Business Law Blog

Business decisions in themselves are not easy. Due diligence, research data, educated speculation and much more goes into simply making a decision, and that doesn't even account for what it takes to implement a decision from negotiation of contracts to the drafting of vital documents. Beyond that, no one can see into the future and with every business decision there is risk as well as reward.

As a part of business formation and planning, the decision to "go public" is a big one. It has been just over a year since the major social media company Facebook went public. The day that the stock was offered publicly, investors were not as pleased as they had hoped to be. It hit a high of $45 that day, but closed at $38.23. Today, stock has continued to increase after the $17.73 all-time low, but it still falls 30 percent short of the IPO price.

Donald Trump has found himself amidst a dispute with an 87-year-old woman over investment incentives related to two units at Trump International Hotel and Tower. The woman filed a complaint in federal court over the contract alleging that the incentives should have been paid.

As the facts were presented in the case, the elderly woman was one of the initial investors in the luxury downtown development. She negotiated a contract to purchase two of the units. During the initial negotiations, the contract was set to include a $5 million profit incentive for meeting rooms and ballrooms rented at the tower. That term had been dropped late in the negotiations and before the parties closed.

A lot of the work involved in a joint venture is at the beginning, during formation. Every aspect of these agreements requires attention to detail to ensure a smooth relationship and protect the assets of those involved. Placing trust in a business law attorney at this point is pretty much a necessity. However, there is another side to the joint venture relationship, and that is when it comes to an end. 

For several years the well-known consumer electronics company Best Buy has maintained a joint venture in Europe with Carphone Warehouse Group PLC. It started in 2008 with big plans that included a number of proposed Best Buy Europe shops. As happened with a lot of companies, plans made prior to the recession didn't go as they should. 

Exempt, nonexempt, hourly, minimum wage, overtime pay, rest breaks, meal breaks, vacation time, floating holidays, comp time and much more. Keeping it all straight and above board is a full time job for employers. Following California and federal laws isn't even the half of it. Contract disputes brought by employees often occur that can affect the profitability of a company. 

Adding to the headache, lawmakers are constantly proposing changes. Employers in California will want to consult with an attorney over staying abreast of the changes that are occurring every day, like the proposed legislation that was just passed in the U.S. House of Representatives. 

Thin and sheer is the new style in a lot of ways, but like anything else "everything in moderation" is probably a good thing when it comes to pants. Athletic wear retailer Lululemon knows this, recently recalling a line of pants that proved to be a little bit too sheer after they were manufactured and distributed. Although recalling the pants was the right decision, pension fund shareholders said that other decisions were not as carefully considered in wake of the recall.

Lululemon stock is one in the Hallandale Beach Police Officers and Firefighters' Personnel Retirement Fund. After the announcement of the recall, the stock fell over 6 percent, causing concern. This isn't the only cost associated with the recall. Estimates set the cost of the recall at around $40 million for the company. This is why shareholders were suprised when they learned that the execs would be getting a raise under a new bonus structure. 

Pools are a familiar sight in San Diego where the sun shines warm throughout the year. On those beautiful days, it feels great to take a dip. They provide ambiance during an evening get together and even make for a nice place to read a book. Pools are great, but they require maintenance when the parts break. 

This is where a Phoeniz-based company hopes to help. Leslie's Poolmart Inc. is a swimming pool supply retailer that is moving into San Diego County. The company recently entered into an acquisition agreement for another pool supply retailer, 24 Warehouse Pool Supply. 

A derivative lawsuit is one that can be filed by shareholders in San Diego, California or any other state across the nation on behalf of a corporation. A corporation may be an entity, but it is not a person or party that can file a lawsuit. It can be brought against a third party when management has failed to do so. In many cases, the third party may be an executive officer or director. 

Bank of America has been a major name in the news in a number of settlements, the most recent of which may be the derivative lawsuit filed by investors of the company. The shareholder derivative suit was filed over the acquisition of the company Merrill Lynch & Co. Investors argued that directors were not completely honest about the losses that the newly acquired company had to their name -- something that any investor would say matters in a decision to acquire a company. 

After Apple Inc. announced that following some of the most incredible years of revenue under the charge of the late Steve Jobs the company posted its very first revenue decline in a decade, shareholders began to feel some anxiety. Apple CEO Tim Cook attempted to assuage the fears of the many stockholders by talking about new products in the pipeline and other factors that would help keep the company successful.

Now, another statement was released by the company. While it was confirmed that the new products would not be hitting the shelves this summer as rumors suggested, good news was reported for shareholders on the financial front. According to the company, it would dole out approximately $100 billion worth of cash over the next couple of years.