Introduction
The nature of the United States patent system means that, in preparing a patent application, you must work closely with the scientists and inventors who are responsible for developing the new discoveries. With one limited exception, you only get one chance; you do not get a second. The exception is a provisional application, which allows a one-year period before the filing of a second application. However, a provisional application can be used to assert priority only for subject matter that is described in such detail as to meet the standards for patentability defined in my further postings. If it does not, the provisional application will be disregarded by the Patent Office or by the courts in determining priority. Therefore, careful coordination is a must to ensure that you get it right.
Make sure to revisit next week for the second segment!
According to the following authority, which as of the date of this blog is still good law in California, “Even fraudulent, perjurious and malicious ‘publications’ and ‘broadcasts’ are absolutely privileged so long as they are (i) required or permitted by law, (ii) made in a judicial or quasi-judicial proceeding, (iii) by litigants or other participants authorized by law, (iv) to achieve the objects of the litigation, and (v) have some connection or logical relation to the action.” Silberg v. Anderson (1990) 50 C3d 205, 213-214.
A. ALTER EGO CLAIMS
1. CLOSELY HELD CORPORATIONS
Are you the sole shareholder of a corporation? Is your company at risk of a lawsuit or unable to pay its debts? Even if you hired an attorney to incorporate and prepare initial minutes, if you dominated and controlled the company, failed to maintain adequate entity minutes or records, commingled personal and corporate funds, you can be held personally liable for the corporation’s debts under the alter ego doctrine for acts knowingly and intentionally done in the name of the corporation. An experienced plaintiff’s attorney may sue both the corporation and you (its sole shareholder) in an attempt to pierce the corporate veil. Under current California law, where a corporation is used by an individual to perpetrate a fraud or accomplish a wrongful act, the court may disregard the corporate entity and treat the acts of the entity as if they were the acts of the individual. 9 Witkin, Summary of Law (9th Ed. 1989) Corporations, §12, p. 524.
The Catalyst Law Group is a full service business, corporate and intellectual property law firm that handles transactional and litigation matters for its clients including the prosecution and defense of alter ego claims servicing clients in San Diego, Los Angeles, Orange, and Riverside Counties.
Part 1 of a 3 Part Series
As a San Diego lawyer, I am frequently asked questions regarding funding and how to get it. Below I have written out some definitions and explanations that I think will be useful in regards to funding.
This slide show is intended to provide a brief overview of a proper business executive summary as seen from the point of view of prospective investors. Catalyst Law Group is a dynamic San Diego business law firm that is uniquely positioned to serve domestic and international business clients. We hope you find these slides helpful for business planning purposes.
Over the past several years the IRS has had several high profile victories in cases involving taxpayers’ use of family limited partnerships or LLCs as vehicles to achieve valuation discounts to reduce the tax upon transfers of wealth to their heirs. Many of these rulings have come out of “bad facts” cases where the taxpayer either did not respect the formalities of the entity or there was no real purpose to the entity except to achieve tax savings. However, in the recent case of the Estate of Mirowski v. Commissioner of Internal Revenue, T.C. Memo 2008-74, the Tax Court issued a favorable ruling to the taxpayers and rejected many of the arguments the IRS.
Let’s face it everyone needs legal services even in an uncertain economy. We seem to be in this uncertain and scary time right now with rising prices of every commodity. Under these situations what people tend to do is to hold on to their cash as long as possible and spend only when necessary, or fall back on the “I can do it my self” theory.
My name is Michael Lane, and I am an associate with Catalyst Law Group, APC, in San Diego, CA, and a member of the Urban Land Institute’s Young Leaders – San Diego Chapter. In a past life, I worked as an assistant project manager for two real estate development firms of varied size on several residential and commercial projects of varied complexity. Currently, I head Catalyst’s Sustainable Building initiative.
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“It was difficult to narrow my attribute selections to three for Tom. He is a practical, thorough and creative thinker. He also is a wonderful and generous person.”
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