Burkhalter Kessler Clement & George LLP Burkhalter Kessler Clement & George LLP 2026-06-09T15:56:40Z https://www.bkcglaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1103897/2019/09/cropped-512-512-32x32.jpg On Behalf of Burkhalter Kessler Clement & George LLP <![CDATA[What should you do if another company copies your logo?]]> https://www.bkcglaw.com/?p=56285 2026-06-09T15:56:40Z 2026-06-09T15:56:40Z Gather evidence of the copying The first step is to document what you found. Save screenshots, advertisements, social media posts, website pages and any other examples showing how the other company is using the logo. You should also note when you discovered the issue and whether customers appear to be confusing the two brands. Strong documentation can help establish what happened and support any future legal action.

Determine your rights

The next step is to find out whether you have legal rights to the logo. For example, you may have stronger protections if you registered the logo as a trademark, but registration is not always required. Understanding what rights you have can help you determine whether the other company's actions may violate them.

Consider your enforcement options

Once you understand your legal position, you can decide how to respond. In some situations, a cease-and-desist letter may resolve the matter. In others, additional legal action may be necessary to stop ongoing infringement and protect your brand's reputation. The appropriate response often depends on how similar the logos are and whether customer confusion is likely.

Protecting your brand

A company using a logo that looks similar to yours may create unnecessary challenges for your business. If you discover possible infringement, seeking legal guidance can help you understand your options and determine an appropriate response. Taking action early may help you protect the brand you have worked hard to build.]]> On Behalf of Burkhalter Kessler Clement & George LLP <![CDATA[Ownership disagreements can disrupt a business]]> https://www.bkcglaw.com/?p=56279 2026-06-01T16:41:34Z 2026-06-01T16:41:34Z Business owners often share the ultimate vision for the business, but they may not see the path toward the shared goal. Over time, those differences may lead to disagreements over money, workload, authority or growth plans. Addressing these early is beneficial because failing to do so can lead to considerable challenges for the business.  Ownership disputes may make it impossible to make decisions about the company. This can alter the relationship between the business and its vendors, customers and employees. This might not make a huge difference in a large business, but it can be devastating for a smaller business. 

Addressing ownership disputes

Addressing ownership disputes can be particularly challenging when owners believe their way is the only way. In order to address the dispute in a way that’s in the company’s best interests, the owners will have to be willing to compromise. Looking at the facts and logic surrounding the situation may lead to the realization that one resolution is the correct one for the company. 

Keeping the business productive

While nearly every ownership dispute will impact the business, the severity of the interruption might be mitigated. One of the most effective ways to do this is to keep the discussions about the dispute out of the business. This ensures that private information stays private, and it helps to keep the stability of the company’s image in place.  Many ownership disputes can be handled between owners or with the help of a neutral third party. When that’s not possible or when the dispute involves something illegal, like misuse of funds, it might be necessary to have someone on your side who can help you to uphold the best interests of the company.   ]]> On Behalf of Burkhalter Kessler Clement & George LLP <![CDATA[What to do when a business partner breaches a contract in California]]> https://www.bkcglaw.com/?p=56276 2026-05-18T07:37:42Z 2026-05-18T07:37:42Z Contracts hold business partnerships together. When a partner breaks that agreement, it can put your operations and your investment at serious risk.

Confirm whether a breach actually occurred

Your first step is to review the contract. Look at the specific terms your partner allegedly violated. Not every missed obligation qualifies as a breach. California courts typically require four elements for a valid breach of contract claim: a valid contract, your performance under it, the other party's failure to perform and damages you suffered as a result. A business litigation attorney can help you determine whether each element applies to your situation.

Understand your partner's legal duties

Even if your agreement does not cover every scenario, your partner still owes you duties under state law. California Corporations Code § 16404 sets out the fiduciary duties every partner must uphold. These include a duty of loyalty and a duty of care. Violating these duties can mean the following:
  • Misappropriating funds: A partner secretly pockets company money or diverts revenue.
  • Competing against you: A partner starts or assists a business that competes with yours.
  • Diverting clients: A partner steers customers to their own separate venture.
These violations may give you grounds for legal action beyond a standard breach of contract claim.

Gather evidence and consider your options

Start collecting relevant documents as soon as you suspect a breach. Contracts, financial records, emails and bank statements may all become important later. You may also have several ways to resolve the dispute, depending on your contract terms:
  • Arbitration or mediation clause: Your contract may require alternative dispute resolution before you can file suit.
  • Liquidated damages clause: Pre-set penalties written into the agreement may apply directly.
  • Dissolution: If your contract lacks an expulsion provision, dissolving the partnership may be your clearest path forward.
Courts may evaluate timing, the extent of harm and whether you continued performing your own obligations. Documentation strengthens your position at each stage.

You may talk to an attorney before you act

A breach by a business partner can escalate quickly. An attorney can help you evaluate your contract dispute options and decide whether to negotiate, pursue arbitration or file a lawsuit. Speaking with a lawyer early may protect your rights and help you avoid mistakes that could weaken your case.]]> On Behalf of Burkhalter Kessler Clement & George LLP <![CDATA[Investor rights during financial fraud disputes]]> https://www.bkcglaw.com/?p=56274 2026-05-18T04:35:19Z 2026-05-18T04:35:19Z When you invest your money, you expect honesty, transparency and fair treatment. Financial fraud disputes can happen when important facts are hidden, investments are misrepresented or funds are mishandled. These situations can leave you feeling confused, frustrated and uncertain about your next steps.  Understanding your rights during a financial dispute can help you make informed decisions. Whether the issue involves misleading investment opportunities, unauthorized trades or false promises about returns, knowing how to respond early may help protect your financial future and personal records. 

The importance of acting early

The first steps you take after discovering possible fraud can make a huge difference. Waiting too long may affect your ability to recover losses or gather important documents. Here are a few helpful steps you can take: 
  • Save account statements, emails and transaction records.
  • Write down conversations and timelines while details are fresh.
  • Avoid signing new agreements before carefully reviewing them.
  • Report suspicious activity to the proper financial institution.
Early action can also help uncover patterns that may support your position later. Even small details may become valuable during a dispute. 

Mistakes that can hurt your position

Some investors make the mistake of ignoring warning signs because they hope the issue will correct itself. Others feel pressured to stay silent or continue trusting the same individuals involved in the dispute. You should also avoid: 
  • Deleting financial records or text messages.
  • Posting emotional details publicly online.
  • Sending money to “recover” earlier losses.
  • Accepting verbal promises without documentation.
  • Discussing your predicament with various parties.
Staying organized and informed can help you avoid additional financial stress during an already difficult situation.  Financial fraud disputes are complex and emotionally draining. Having reliable legal guidance may help you better understand your options, protect your interests and move forward with clarity during the process. ]]> On Behalf of Burkhalter Kessler Clement & George LLP <![CDATA[Why 2026 California employment mandates require immediate action]]> https://www.bkcglaw.com/?p=56258 2026-05-12T14:05:08Z 2026-05-12T14:05:08Z The new salary threshold for exempt employees The minimum annual salary for exempt administrative, executive and professional employees in California is $70,304 for 2026. This figure stays tied to the state minimum wage. California law requires exempt staff to earn at least twice the minimum pay for full-time work. If you fail to meet this pay level, your business may face legal challenges:
  • Automatic reclassification: Employees earning below the threshold usually become non-exempt
  • Overtime liability: You may owe back pay for all hours worked over eight in a day or 40 in a week
  • Rest break violations: The law requires you to provide specific meal and rest periods for all non-exempt workers
Meeting this pay level is only one part of the "salary test." You must also ensure job duties meet the exempt status "duties test" under state law.

Workplace Know Your Rights Act compliance and penalties

The Workplace Know Your Rights Act created strict notice rules that Southern California employers had to start by February 1, 2026. This law requires businesses to give updated information to employees about their protections under state labor laws. State agencies strictly enforce these penalties. If you violate notice or posting rules, you may face fines of $500 per employee. Also, failing to let employees name emergency contacts can cost you $500 per day, reaching a maximum of $10,000 per employee.

Proactive strategies for Southern California business owners

Managing these changes requires you to review your timekeeping and pay policies often. To stay compliant, follow these steps:
  • Audit job descriptions: Confirm that exempt employees spend more than half their time on truly exempt tasks.
  • Update labor posters: Check that all physical and digital workspaces show the latest versions of required notices.
  • Review penalty exposure: Find and fix any gaps in your record-keeping.
By following these steps, you can better monitor your internal systems for potential errors.

Protecting your operations from regulatory risk

The mix of higher salary rules and stricter notice laws makes 2026 a high-stakes year for the California business community. Even small errors can trigger a lawsuit. By understanding the basics of employment law, you can protect your company and follow these standards safely.]]> On Behalf of Burkhalter Kessler Clement & George LLP <![CDATA[When missed deadlines may signal a serious contract breach]]> https://www.bkcglaw.com/?p=56245 2026-05-06T11:42:24Z 2026-05-06T11:42:24Z Timing failures that can point to a material problem Not every late delivery leads to a serious violation. Some delays are minor and do not disrupt the core purpose of an agreement. Others point to a failure that may affect the parties’ legal rights. A missed deadline often raises concern when it affects the deal's value or undermines the reason the parties agreed. Common indicators include:
  • A “time is essential” clause: The contract states that strict timing forms a central term of the deal. Missing the date can trigger immediate legal consequences.
  • A delay that defeats the purpose: The timing lapse makes the agreement less useful or even pointless, such as a late product launch tied to a seasonal market.
  • A pattern of late performance: Repeated failures suggest a broader breakdown, not a one-time issue.
  • An operational disruption: The delay interferes with schedules, cash flow or other business commitments.
These factors often shape how courts evaluate the seriousness of the issue. In California, a breach claim generally requires a valid agreement, a broken promise and resulting harm tied to that failure.

How delays can reshape your legal position

A missed deadline may shift leverage between the parties. When timing slips, the impact can move beyond inconvenience and begin to affect operations, business relationships and future growth. That shift can lead to demands for compensation or revised terms. You might also face pressure to prove that the delay caused little harm. This often requires records that show continued performance or minimal disruption. Clear documentation can help explain what happened and show the steps you took to address the delay.

Protecting your position when timing breaks down

A delayed obligation can strain your operations and relationships. Early review of the agreement and the surrounding facts often clarifies your exposure and next steps. In business contract disputes, timing issues often shape leverage and business decisions. Careful evaluation and timely legal guidance can help you respond with a structured plan and reduce the risk of deeper conflict.]]> On Behalf of Burkhalter Kessler Clement & George LLP <![CDATA[The problem with waiting too long to address workplace complaints ]]> https://www.bkcglaw.com/?p=56240 2026-05-02T21:12:44Z 2026-05-02T21:12:44Z Workplace complaints rarely appear all at once or out of the blue. In many large companies, these problems begin quietly through small misunderstandings, unresolved tension or complaints that seem manageable at first glance. However, when concerns are left unaddressed for too long, the situation has the potential to grow far more complicated. What may have started as a minor internal issue can eventually develop into formal claims, damaged morale and costly litigation.

The cost of brushing complaints under the rug

Penn State explains that effective communication in the workplace helps maintain strong working relationships and has a positive impact on employees’ overall well-being. But what happens when that communication is overlooked, minimized or brushed aside?  Employees often want more to feel heard than to pursue legal action. However, when complaints involving discrimination, harassment or unfair treatment are ignored or repeatedly delayed, frustration can build quickly. In larger organizations, this is rarely an intentional slight; delays sometimes happen because reports move through multiple departments, managers or approval processes. Even so, an employee may view that silence as indifference. Over time, unresolved concerns can escalate beyond the original complaint. Employees who believe their concerns were dismissed may begin documenting interactions, speaking with outside agencies or seeking legal guidance. In some situations, other employees may come forward with similar allegations, increasing both the complexity and visibility of the dispute. What could have been resolved through early communication and internal action may instead evolve into a larger and more expensive legal matter. Large employers face significant pressure when workplace disputes arise, especially when litigation becomes a possibility. Having experienced legal guidance early in the process can help companies respond thoughtfully, protect their interests and work toward practical resolutions before issues grow more difficult to manage.]]> On Behalf of Burkhalter Kessler Clement & George LLP <![CDATA[What are 7 contract clauses that regularly trigger litigation?]]> https://www.bkcglaw.com/?p=56216 2026-04-16T13:15:53Z 2026-04-16T13:14:11Z One unclear word in your contract can turn into a million-dollar lawsuit. Business owners in Irvine and Los Angeles often sign agreements without knowing which clauses spark the most courtroom battles. Recognizing these problem areas before you sign can save you years of stress and financial loss.

The 7 most litigated contract provisions

Some contract clauses always cause problems when business relationships fall apart. Under California Civil Code Sections 2782 and 8850 (effective 2026), indemnity and claims procedures in private construction must follow strict non-waivable standards to be enforceable. The same issues happen in other industries when contract language is unclear. These seven clauses cause lawsuits when drafted without precision:
  1. Overly broad indemnification clauses that force one party to cover legal costs and damages for claims unrelated to their conduct.
  2. Unclear payment terms that allow exit "for cause" without defining what triggers that right.
  3. Ambiguous payment terms that fail to specify what constitutes "completion" or "satisfactory performance."
  4. Non-compete provisions that violate California Business and Professions Code Sections 16600 and 16600.5, that stop people from working in their field and let employees sue for attorney's fees.
  5. Confidentiality clauses that violate California Code of Civil Procedure Section 1001, which prohibits secrecy rules about workplace harassment, discrimination or retaliation.
  6. Limitation of liability caps that do not match actual risk or cut out major damages.
  7. Dispute resolution provisions that mandate arbitration but violate Civil Code Section 1670.15, which requires consumer contract clauses to apply only to one specific deal.
Unclear language in these areas often leads to costly court fights before the real dispute even starts.

Unclear language should not put you at risk

Litigation over contract terms rarely resolves quickly, and the financial toll extends far beyond attorney fees. A skilled business litigation attorney can review agreements before you sign and identify provisions that may expose you to prolonged disputes. The question is not whether you can afford legal counsel to draft or review your contracts. It is whether you can afford the years of litigation that follow when you do not.]]> On Behalf of Burkhalter Kessler Clement & George LLP <![CDATA[The key to defense against employee claims]]> https://www.bkcglaw.com/?p=56201 2026-04-14T20:20:55Z 2026-04-14T20:20:55Z If your corporation is facing a variety of claims from employees, the key to building your defense is often documentation and accurate recordkeeping. This documentation provides a solid basis for your defense strategy and can help to push back against claims being made by the employee. For instance, perhaps an employee claims that they have been wrongfully terminated. Even though they are in an at-will relationship and do not have an employment contract, they claim that the termination is unfair because it was based on a protected class, such as religion, race or age. In a situation like this, useful documentation could include performance records for the employee, any disciplinary actions that have been taken and things of this nature. The employee may claim they are being discriminated against, but this paper trail can help to show that their work was not satisfactory, you took steps to correct it, no improvement was seen and you actually fired the employee for a valid reason that had nothing to do with their inclusion in a protected class.

Wage and hour claims

Similarly, employees may allege that they have been paid unfairly. Wage and hour claims often involve a lack of overtime pay, failure to pay bonuses or commissions and even allegations that they have been paid less than minimum wage. Once again, documentation of pay records and financial transfers can help to demonstrate that you did in fact pay the employee fairly and within the bounds of the law. If an employee has a contract, it should specify exactly what their pay rate is, whether that is a salary or an hourly wage. But even if they do not have an official contract, you can present records of their hours worked and the compensation that was paid out to show that there was no wrongdoing. These are just two examples of common employee disputes, underscoring how important documentation and recordkeeping really are in these cases. Be sure you know exactly what legal steps to take to seek a resolution.]]> On Behalf of Burkhalter Kessler Clement & George LLP <![CDATA[Liquidated damages vs. penalty clauses: What courts enforce]]> https://www.bkcglaw.com/?p=56197 2026-04-08T15:10:28Z 2026-04-08T15:10:28Z Separating valid damages from unenforceable penalties A liquidated damages clause sets a fixed amount that one party agrees to pay if a breach occurs. This amount serves a compensatory purpose and reflects what the parties reasonably expected to lose when they entered the contract. In contrast, a penalty clause imposes an excessive financial burden that aims to force performance rather than match any actual or anticipated loss. Under state law, liquidated damages in a commercial contract are presumptively valid unless the challenging party shows that it was unreasonable at the time they made the agreement. Penalty provisions carry no such presumption and are generally unenforceable. The label that you and other parties used also does not control the outcome. A court will look past the language of the contract and examine whether the clause operates as compensation or punishment, regardless of what you named it.

Facing the consequences of a stricken clause

When a court determines that a liquidated damages provision is an unenforceable penalty, it does not simply reduce the amount. The entire provision is voided, which means the non-breaching party loses the benefit of a predetermined recovery. From there, you must rely on standard breach of contract claims. That process requires you to prove real losses with evidence. It often takes more time, costs more money and brings more uncertainty, which defeats the purpose of including the terms in the first place. This outcome can also affect the rest of the agreement. It may change the balance of power during settlement talks and influence how a court reads other terms. In some situations, it can even raise concerns about whether other parts of the contract place too much weight on one side.

Building a provision that holds up

A solid contract should explicitly state that the agreed-upon amount represents a reasonable, good-faith estimate of the damages anticipated at the time of the agreement. This approach aligns with the standard California courts use when assessing the enforceability of commercial contracts. It can also help to connect the set amount to clear economic factors rather than selecting an arbitrary number. A formula based on projected revenue loss, daily delay costs or measurable operational disruption carries more weight than a figure that appears untethered from any real calculation. Periodic review by an attorney can add value, especially in long-term agreements. They can check whether your baseline formulas reflect current economic conditions and help support the validity of new or renewed contracts.]]>