Burkhalter Kessler Clement & George LLPBurkhalter Kessler Clement & George LLP2026-07-06T15:48:00Zhttps://www.bkcglaw.com/feed/atom/WordPress/wp-content/uploads/sites/1103897/2019/09/cropped-512-512-32x32.jpgOn Behalf of Burkhalter Kessler Clement & George LLP<![CDATA[Employee lawsuits that commonly catch employers off guard]]>https://www.bkcglaw.com/?p=563132026-07-06T15:48:00Z2026-07-06T15:48:00ZCalifornia employers operate under some of the nation’s most employee-protective labor and employment laws. Many businesses are prepared to address obvious workplace issues, but some of the most expensive lawsuits stem from compliance gaps that employers didn’t realize existed.
A single employment claim can result in substantial legal costs, business disruption and reputational harm. Understanding the types of lawsuits that catch employers off guard can help companies identify risks before they become costly disputes.
1. Wage and hour violations
These are among the most common employment lawsuits. Even companies with well-established payroll systems can unknowingly violate labor laws.Allegations such as unpaid overtime, off-the-clock work or failure to provide compliant meal or rest breaks can be brought forth as class actions or underCalifornia’s Private Attorneys General Act (PAGA), which allows employees to seek penalties for alleged Labor Code violations on behalf of themselves and other employees.
2. Employee misclassification
Misclassifying workers remains a major source of litigation. Even though independent contractor classification receives significant attention, the evaluation of whether exempt employees truly satisfy California’s exemption requirements is sometimes overlooked. Simply paying an employee a salary doesn’t automatically make them exempt from overtime laws.Misclassification claims may involve allegations of unpaid overtime, missed meal and rest breaks and wage statement violations.
3. Leave of absence violations
Employers must navigate multiple federal and state leave laws, including the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), paid sick leave requirements, pregnancy disability laws and other protected leave laws.Problems may arise when employers:
Deny protected leave
Interfere with leave rights
Discipline employees for protected absences
Miscalculate eligibility
Because multiple leave laws often overlap, these cases can become legally complex.It is nearly impossible to eliminate every employment claim. Still, many lawsuits can be prevented through proactive compliance efforts such as regular reviews of wage and hour practices, periodic audits of exempt classifications, supervisor training on California employment laws and prompt investigation of employee complaints.California employment laws continue to evolve, making ongoing compliance challenging for employers. A legal professional can assist businesses with workplace audits, policy development, management training and litigation defense when claims arise.
]]>On Behalf of Burkhalter Kessler Clement & George LLP<![CDATA[5 ways to protect your company against tortious interference]]>https://www.bkcglaw.com/?p=563112026-06-25T17:35:28Z2026-06-25T17:35:28ZYou plan carefully for slow money periods, hacks and supply problems. But when a third party or company goes out of their way to hurt your business relationships, it can cost you a lot. This is why California business owners need to see how tortious interference might be hurting their business.
What is tortious interference?
Tortious interference happens when a third party steps in on purpose to damage an active contract or a potential business deal between two separate parties, resulting in financial losses. The outside party is not tied to the contract, so the injured party can sue them directly for the damages they caused.
Two ways it can impact your business
Learning what tortious interference is only tells part of the story. You also need to understand how it can show up in your transactions. Here are the two most common forms:
Interference with a contractual relationship: A third party improperly convinces one party to break a valid, existing contract, leaving the other party to deal with the fallout.
Interference with a business relationship: A third party uses unfair or dishonest tactics to disrupt an ongoing or prospective business deal, even without a formal contract in place.
Both forms can cause serious financial harm to your organization. Now that you know what to watch for, here are some practical steps you can take to protect yourself.
Five practical steps to protect your company
Once you know how tortious interference works, you are in a better position to defend against it. In fact, you have practical measures available to protect your business relationships and contracts. Here are five steps to help you get started:
Fortify your contracts: Include exclusivity and non-solicitation clauses that restrict partners, vendors and employees from soliciting your clients or disrupting your business relationships.
Use confidentiality agreements: Require employees and partners to sign Non-Disclosure Agreements (NDAs) to protect your trade secrets and client lists.
Track competitor conduct: If you suspect a third party is trying to poach your clients or pressure your partners to breach agreements, document the timeline of their actions.
Preserve evidence: Save all emails, text messages or internal memos that show a third party knew about your existing contracts and intentionally caused a breach.
Know your legal options: If you suspect a third party is crossing the line, learning about the steps available to you early can help you respond quickly and protect your business interests before the situation gets worse.
With the right protections in place, you are in a much stronger position to guard the business relationships you have worked hard to build.
Secure the relationships you have built
Tortious interference can quietly chip away at the business relationships you have spent years building. Therefore, the steps you take today, from strengthening your contracts to knowing your legal options, can make all the difference tomorrow. As a result, staying informed and prepared gives you a solid defense against third-party interference.]]>On Behalf of Burkhalter Kessler Clement & George LLP<![CDATA[Choosing a legal partner who creates value beyond the hour]]>https://www.bkcglaw.com/?p=563082026-06-25T15:49:14Z2026-06-25T15:48:16ZWhy the hourly mindset is no longer enough
Traditional hourly billing creates a fundamental problem. The more time an attorney spends on your matter, the more you pay. This system incentivizes inefficiency rather than results.
Business owners cannot predict final costs under this model. The meter keeps running regardless of outcomes. A straightforward contract review might cost hundreds or thousands. The final amount depends entirely on how long the attorney takes. This unpredictability makes budgeting difficult. It can also discourage you from seeking legal guidance when you need it most.
What high-value legal partners do differently
Your business requires more than just a lawyer. It needs a legal partner. A lawyer completes tasks and bills for time. A legal partner invests in understanding your business. They learn about your business model, industry challenges and long-term vision.
This understanding enables them to provide proactive guidance. They do not simply react to problems. They propose solutions that align with your strategic goals
Look for entrepreneurial thinking, not just legal expertise
Legal partners who think like entrepreneurs bring an alternative perspective to business challenges. They understand that legal decisions have business implications.
Entrepreneurial firms look beyond the immediate legal issue. They ask how a contract structure might affect future fundraising. They consider whether a business entity choice will support planned expansion. This broader view helps businesses make decisions that serve multiple objectives.
Prioritize transparent billing
Legal partners also prioritize transparency in billing. They discuss costs upfront and provide clear explanations of what services include. This openness allows for better financial planning. When your legal counsel understands your objectives, they can focus on delivering value rather than simply tracking hours.
Finding your legal partner
The right legal partner does more than interpret the law. They help your business navigate challenges and seize opportunities. When legal counsel acts as a strategic advisor, their value is measured by outcomes, not hours.]]>On Behalf of Burkhalter Kessler Clement & George LLP<![CDATA[State lawmakers again tackle workplace menopause discrimination]]>https://www.bkcglaw.com/?p=562932026-06-21T10:16:14Z2026-06-21T10:16:14ZLast year, some California lawmakers tried and failed to get protections against discrimination against employees experiencing the symptoms of menopause, as well as better insurance coverage for menopause care, added to the law when Gov. Gavin Newsom vetoed the legislation. This year, they’re trying again with a less costly and more narrowly defined piece of legislation.
The governor, who faced some public blowback after his veto, has already taken steps in his proposed 2026-27 state budget to add resources like greater insurance coverage as well as more education and resources for those experiencing perimenopause, menopause, and post-menopause. It has been estimated that the U.S. loses $1.8 billion in productivity annually due to “menopause-related challenges.”
How would the law change?
The new legislation is focused on the workplace. Specifically, it would amend the state’s Fair Employment and Housing Act (FEHA) to provide protections for those experiencing harassment and discrimination in the workplace based on menopause and related conditions.The FEHA already prohibits discrimination based on protected characteristics, including sex. The proposed change would broaden the characteristic of “sex” to include “perimenopause, menopause, or postmenopause or medical conditions related to [them].” The legislation (AB 1940) would mandate other actions by the state and in the private sector to raise awareness of the changes in the law. If the legislation passes both chambers and Gov. Newsom signs it, it’s scheduled to take effect July 1, 2027. For California employers, however, it’s always smart to protect employees from all types of discrimination and harassment – even if it’s over something not specifically protected under the law. While there will still be specific steps that need to be taken if and when the law changes, it should be an easy transition for responsible employers to make. Having experienced and consistent legal guidance can help businesses of all sizes avoid costly and reputation-harming discrimination claims.
]]>On Behalf of Burkhalter Kessler Clement & George LLP<![CDATA[Responding to workplace discrimination complaints]]>https://www.bkcglaw.com/?p=562892026-06-18T07:35:32Z2026-06-18T07:35:32ZFor employers who take strides to foster a community where employees are treated with the utmost respect, it can be a shock to suddenly find themselves facing allegations of discrimination. How a company responds can affect employee trust, workplace culture and potential legal exposure.
Employees expect concerns to be taken seriously and handled fairly. A thoughtful response can help address issues while demonstrating a commitment to maintaining a respectful work environment.
Taking complaints seriously from the start
When an employee raises a discrimination concern, employers should do their best to respond promptly and professionally. Delaying action or dismissing a complaint without review can create additional problems and may undermine confidence in the process. Even if a complaint appears minor at first, it is important to evaluate the situation carefully and follow established workplace policies.A thorough investigation is often one of the most important steps in responding to a discrimination complaint. Once an employer has received a complaint, it’s critical to take steps such as:
Interviewing the complainant to gain a clear understanding of the allegations and the extent of the alleged discrimination.
Conduct a separate interview with the individual accused of harassment while maintaining the complainant's confidentiality whenever possible.
Interview relevant employees and witnesses to gather additional information and corroborate facts.
Maintaining neutrality throughout the investigation helps ensure that all parties are treated fairly and that conclusions are based on facts rather than assumptions.Proper documentation is equally important. Employers should keep records of the complaint, investigative steps taken and any corrective measures implemented. Detailed documentation can help demonstrate that the company responded appropriately and made a good-faith effort to address the concerns. If an issue is identified, prompt corrective action may help prevent future problems and support a healthier workplace environment.Employment laws can be complex, and discrimination complaints often involve sensitive issues that require careful handling. Seeking guidance from a legal professional can help employers evaluate their obligations, protect their interests and develop effective strategies for responding to workplace concerns.]]>On Behalf of Burkhalter Kessler Clement & George LLP<![CDATA[5 warning signs of a looming shareholder dispute]]>https://www.bkcglaw.com/?p=562872026-06-16T05:53:41Z2026-06-16T05:53:41ZA disagreement with a business partner can quietly turn into a legal battle. You can spot early signs and protect your company before tensions escalate.
Common signs of a shareholder dispute
Signs often appear before a dispute becomes a lawsuit. These include:
Communication breakdowns: Messages slow down or shift to formal, lawyer drafted emails.
Demands for financial records: A shareholder asks for full access to company books.
Unilateral decisions: A partner signs contracts or makes changes without board approval.
Disputes over money: Disagreements arise over dividends, salaries or reinvestment plans.
Exclusion from meetings: A shareholder stops receiving invitations to key meetings.
These signs can show up alone or together. Each one deserves attention. Small issues can grow quickly once trust starts to break down. Early attention often gives you more options for a resolution.
Why these signs matter
Shareholder disputes can affect company finances, leadership and daily operations. A demand for records is not just a formality. California law grants shareholders a right to inspect company records under California Corporations Code § 1601. This request often reveals how leadership has used company funds. Formal requests like this can signal that a dispute is moving toward litigation.A stalemate over big decisions can also point to deeper trouble. Partners may disagree on financing, leadership or company direction. The business can stall as a result. In some cases, courts may step in. This could mean a buyout, a dissolution or court ordered oversight. These options can take time and money. Allegations of misconduct can also raise the stakes. A claim that a shareholder breached a fiduciary duty often triggers formal investigations and demands to preserve documents. Even an unproven accusation can damage trust between partners.
Protecting your business going forward
If you notice these signs, take them seriously while solutions are still possible. An attorney can help you understand your options. These conversations are often easier while relationships remain intact. Early action can help protect your company and your relationships with other shareholders.]]>On Behalf of Burkhalter Kessler Clement & George LLP<![CDATA[What should you do if another company copies your logo?]]>https://www.bkcglaw.com/?p=562852026-06-09T15:56:40Z2026-06-09T15:56:40ZGather 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=562792026-06-01T16:41:34Z2026-06-01T16:41:34ZBusiness 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=562762026-05-18T07:37:42Z2026-05-18T07:37:42ZContracts 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=562742026-05-18T04:35:19Z2026-05-18T04:35:19ZWhen 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.
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. ]]>