Protections and Benefits Granted by Each Type of Registered Intellectual Property

While registering your work isn’t a guarantee of protection, it is still the best thing to do first and foremost. To review, the protections and benefits granted by each type of registration are:

• Trademark Registration: grants you the right to use the R symbol (®), giving you far more legitimacy to your claim. That trademark symbol also serves to inform the public of your claim and it has legal backing.
• Patent Registration: gives you the right to use the patent pending designation which may discourage many companies from developing a product they won’t be able to use or sell for long. Also grants you the exclusive right to produce and sell the patented product or design.
• Copyright Registration: upholds your right to file suit against an infringer and to collect damages and attorney’s fees from the guilty party upon winning the lawsuit. Also allows you to use the copyright symbol with your work (©).

Document The First Time You Use Your Intellectual Property

You will want to ensure you maintain your protective measures, too. This means taking the time to do some basic upkeep, such as documenting your first use to make it easier to defend in court, should the need arise, and renewing your trademarks on time, using them continuously and filing any paperwork needed to document its use. Bear in mind also that if you choose to begin marketing or otherwise disclose your invention publicly before filing for patent protection, remember that you have to file your patent application within one year of disclosure and you must be the first to file, or you will lose the right to protection. For this reason, you may wish to consider starting with a provisional patent application to protect your rights.

Get Registered at Home, Get Registered Abroad!

If you intend on marketing your invention, product, or design in other countries, then you may want to look into registering your intellectual property in those countries, as well. This will ensure maximum protection and profit for your company. Fortunately, the U.S. has several treaties and conventions which make it easier for U.S. citizens and businesses to register patents and trademarks in multiple countries with one application. You’ll still have to follow each country’s law, though. For instance:

• • Lots of countries require that you file for patent protection within a year of disclosing your invention or idea publicly,
  • Some may require that you file for patent protection prior to making your new product public,
• And others still may require that you include more than a trademark or copyright symbol with your marketing or advertising to signal that you have claimed that product.

Many foreign countries also have agreements with the United States to recognize your copyright registration automatically. Check to see if the countries you’re interested in have this type of agreement, and if they do not, look into what the requirements are for you to register.

Shhh! It’s a Secret.

Oftentimes, the best way of protecting your intellectual property is simply by keeping quiet about it. This is especially the case if your work isn’t patentable or if you plan to protect it by using the trade secrets law. In those cases, you definitely want to limit the amount of people you tell about it. Whenever possible, get your partners and investors to sign off on non-disclosure agreements and make sure to specify in those agreements what exactly must be kept confidential and for how long. As another measure, you might want to still keep quiet about your idea even after filing a patent application since in most cases protection only begins once the United States Patents and Trademark Office actually grants your patent.

Keep Track of Your Market

All of the laws and registrations we discussed offer you legal avenues for remedies after your work has been infringed or used illegally, but they do not actually prevent your work from being stolen in the first place. This is because some people may not be aware of the law and others just may not care. Sometimes, even a thorough patent or trademark search misses something. As such, it is your job to keep an eye on your industry trends and developments. In particular, you will want to keep a close eye on your industry developments:

• • Pay attention to new products and companies, taking note of the images and words in their remarks
  • Create internet search alerts using Google alerts to receive email when trademarked words or phrases similar to yours are surfaced or mentioned online
  • If your trademark is especially important or valuable, consider hiring a trademark search firm to police your mark more aggressively. Companies or firms such as these will search both domestic and international trademark and domain databases.
  • Be wary of trademark dilution; if you let your mark become a common term or phrase rather than a unique branding for your company, you risk losing your right to it. As an example, “zipper” used to be a trademarked name, but it ended up becoming a product category rather than a brand.
• Look into products that look similar to yours and pull up their patent filings to determine if they infringe upon your patent.

When Push Comes to Shove...Pushback! At the worst case scenario, you would locate instances of actual infringement and it is at this point that you must stand up for yourself by taking action. What you ought to do in each case will vary, contingent upon a few circumstances, like:

• • Send a cease and desist letter in which you clearly tell the infringer to stop using your work. You can send this yourself, but for maximum impact, it’s best to have your lawyer send it.
  • Send a Digital Millennium Copyright Act (DMCA) takedown notice for copyright infringement on the internet.
  • Request a court injunction to stop a patent infringer from continuing to make or sell the product without your consent.
• File a lawsuit. However, depending on the situation, you will have to decide if you have a compelling enough case to make this option worth the cost and effort.

In these types of strenuous situations, experienced intellectual property lawyers can make all the difference. At KAASS LAW, we have helped many clients manage and defend their patents, trademarks, and copyrights. We believe in the spirit of innovation and originality and we go out of our way to protect our clients’ work and property. We can help you to evaluate and determine which protections are best for your case as well as deciding upon which avenues to take to uphold and defend your rights. We invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Los Angeles intellectual property attorney today.

KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171

U.S. Design Patents

Another way that U.S. design patents stand out from others, is that they allow for the applicant’s work to remain hidden or secret. This can be particularly vital if the design is for a new, revolutionary product or software. With more and more emphasis being placed on smart technology, innovation in the field is going to rely more and more on intelligently designed products to captive consumer interest and to garner positive feedback to an ever-increasing amount of press outlets. For the competitive edge alone, having a guarantee that a design patent application will remain secret and not be published until after it is granted can be massive for both large companies and small, independent businesses and startups.

A Well Kept Secret is...Well, Good

A great example of design patents playing a huge role in modern day product placement and marketing is how it can be a decisive factor in lawsuits. For example, in Apple v. Samsung, the pre-emptive design patents that Apple had applied for turned out to be the huge ace card in the dilemma, winning Apple the lawsuit and millions of dollars from Samsung. A great of relating utility and design patents is by considering Apple’s iPhone: the way it works is the result of many utility patents and the way it looks and displays information is the result of many design patents. As technology changes and adapts, the role of product design will continue to blur function and ergonomics, making novel designs more and more valuable.

Filing Design Patent Application with USPTO

Prior to thinking about how to file your design patent application, you’ll want to ensure that your design is, indeed, novel. For this, you’ll have to search through prior art and this step is one of the most grueling as the archive is very expansive and it can feel overwhelming to search through such a huge amount of patents. You’ll want to look closely for the combination of design elements that you wish to protect with your patent to make sure it hasn’t already been claimed. Even down to the font that you use can be subject to a design patent.

USPTO Design Patent Drafting

This is where you will need to put together all of your findings to present to the USPTO in your application. Here, you’ll want to mention what sets your design apart from others, highlighting its novel features. Further, you should include drawings and diagrams demonstrating this. Putting everything together, you’ll have everything you need to file your design patent application...but why go through all of that headache alone? At KAASS LAW, we are constantly inspired by the beautiful and innovative designs and creations of artists and visionaries. We have years of experience in filing for design patents. We work directly with you to document, record, gather, and showcase all of the novel features of your product design so that the application process is quick and successful. We invite you to give us a call at (310) 943-1171 to speak to our Trademark and Patent lawyers today.   KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.  

Finally, prior to reaching a lasting agreement, a letter of intent, or LOI, must be produced by the seller, explaining the proposed sale at length. It’s up to the buyer to have the presence of mind to make sure that the purchase agreement contains the same terms as the LOI does to avoid any future discrepancies which may arise.  

What Goes into a Stock Purchase Agreement?

Stock purchase agreements get broken up into several sections that aim to define what certain terminologies mean and to describe how the transaction process works. The contents of a stock purchase agreement will typically resemble the following:

• • Preamble
  • Definitions
  • Details of Transactions
  • Seller’s Warranties
  • Buyer’s Warranties
  • Covenants
  • Closing Conditions
  • Indemnification
  • Termination
• Provisions

The Preamble...No, not the one in the Constitution

The first part of a stock purchase agreement is called the preamble. In it, the agreement is formalized and the respective parties are identified as well as the date of the contract and purchase. Typically, parties are referred to as either “seller” or “purchaser”. After these key points of information get stated in the preamble, the next section begins and it is normally called the Recital. This part serves as the main meat and bones of the agreement outline.

Definition Section in Stock Purchase Agreements

The definitions section is the first article on most stock purchase agreements as it defines certain key terminologies and phrases which will get used all throughout the agreement. All of the relevant terminology that gets defined will be either boldfaced or capitalized and they will usually be listed in alphabetical order. The attention to detail with the terminology definitions is very crucial, because while it can be very tempting to skip through this section, understanding exactly what these terms mean in the context of the purchase agreement is key since it can drastically impact the meaning of the agreement. Therefore, you really should take the time to read through the whole section so as to familiarize yourself with the wording and its meanings within the agreement. In particular, words such as “liabilities”, “material adverse effect”, and “seller’s knowledge” can all have huge effects on the contract just depending on how they are defined in a particular context.

Transaction Part of Stock Purchase Agreements

In this part of the agreement, the exact terms of the sale will be outlined at length. It will contain a part that refers to the seller transferring ownership or selling to the purchaser or the buyer acquiring from the seller some specified amount of shares. Further, the purchase price and any adjustments made to it will be clearly shown here, including:

• • Share certificates
  • Purchase price
  • Legal opinions
  • Employment agreements
  • Escrow agreements
• Other auxiliary documentation

Stock Purchase Agreement Seller’s Warranties

In this segment, the seller’s warranties are stated expressly and get defined. Untruthful or incorrect representations of warranties can result in the liability of whichever side made the statements. This may include statements concerning past and future facts related to the business, such as:

• • Conditions
  • Operating results
  • Liabilities
  • Properties
  • Assets
• Prospects and goals

Stock Purchase Agreement Buyer's Warranties

For the most part, this part of the agreement is identical in function to the previous section, except that it focuses on the warranties and representations from the buyer’s side. Oftentimes, these two sections mirror each other quite closely. Since the buyer usually pays cash for the stock, their warranties may be more limited than the seller’s.

Stock Purchase Agreement Covenants

Most deals have a set time frame from when the parties agree to sign off and the actual closing. Because of this limitation, the covenants segment of the agreement outlines things that each party should avoid doing during that time frame. Typically, this translates into a long list of actions that need to happen during that time period in addition to some actions which are outright prohibited until the closing of the arrangement.

Stock Purchase Agreement Closing Conditions

This part of the agreement is comprised of terms and conditions that either need to be met or waived prior to the time that the arrangement closes. These conditions often include both sides carrying out their pre-closing covenants and ensuring that all terms are fulfilled.

Indemnification in Stock Purchase Agreements

Article seven aims to clarify indemnification rights by stating the terms whereby the other party gets compensated just in case one party breaches their contract. It will also typically include a section discussing the losses that may arise from specific cases. You can expect this section to talk about:

• • The specified period of time in which claims against representations and warranties can’t be brought
  • Time limits for indemnification
  • Use of escrow funds for indemnification, if applicable
  • How often or to what extent indemnification is the primary remedy for a breach in contract
• How losses get calculated for recovery

Termination Provision in Stock Purchase Agreements

In the eighth article, you’ll encounter details about each party’s right to terminate the contract. This will typically cover some of the follow reasons for termination:

• • Failure to meet a condition
  • Mutually agreed upon termination  
  • Termination by the buyer if the company had a material adverse effect
  • Termination in the case of expiration
• Termination for not getting government or third-party consent in a timely manner

Miscellaneous Provisions in Stock Purchase Agreements

The final section of an agreement will always end with a section that goes over any miscellaneous provisions. These provisions touch base on several subjects, like:

• • Expenses
  • Governing law
  • Notices
  • Dispute resolutions
  • Severability
  • Counterparts
• Assignments

Why are Stock Purchase Agreements Important?

Stock Purchase Agreements matter because they articulate the terms of a sale and they put it into writing. They can prevent arguments or misunderstandings that would otherwise end up in court. Furthermore, the agreement also gives the buyer more faith in the transaction since the seller has the chance to describe why they are selling. Lastly, it also details other important details, such as warranties, dispute resolution means, and covering costs when unexpected problems cause loss.

When Stock Purchase Agreement is Not Useful

Admittedly, there are few situations where having a Stock Purchase Agreement wouldn’t be useful, such as:

• • There is only one shareholder in the company, and/or
• You’re offering a limited capacity offering that qualifies for Regulation D exemption.

Even then, however, an SPA can only help, never hinder you.

Why Stock Purchase Agreement Would Be Useful

• • The agreement serves as a binding contract that ensures the sale will take place
  • It will allow businesses to raise revenue for the company
  • The buyer and seller have time to review the agreement before it’s finalized
• It explains special tax treatments the signers may get for the transfer.

Instance of Why a Stock Purchase Agreement is Crucial

There are a few instance as to why a Stock Purchase Agreement is crucial to use, which may include the following situations:

• • The buyer may expect to receive dividends on their investment. They may later claim that they were promised any number of dividends if there is no prior stock purchase agreement in place; dividends can be fully explained when an agreement takes place.
  • Some disputes over unexpected costs can cause a disagreement to take place. Without a stock purchase agreement, there’s no official dispute resolution protocol in place. As a consequence of that, it can result in high court costs to resolve the issue. With an SPA, at least both parties have an outline on how to handle the disagreement.
• In the event that someone with a large stake in the company leaves, they may decide to sell their shares. Without no SPA in place, they can choose to sell their shares to company outsiders without even asking the other shareholders. With the agreement intact however, a “right of first refusal” clause can be created, which would mean other shareholders will have the option to purchase the shares before they’re sold to someone else externally.

Avoiding Disaster:

Some common mistakes that people make is thinking they don’t need to make a Stock Purchase Agreement because the person they’re selling to is someone known. That decision affects your whole company, so there’s no room to leave things to chance or faith. Similarly, simply filling out a pre-made stock purchase agreement template from the internet is probably not a great idea either as it likely won’t contain all of the relevant clauses needed for your business. It’s always best to have legal professionals craft your document after meeting with you to assess the individual needs and interests of your business. That’s where we can help you.

California Corporate Attorneys Can Help

We have extensive experience with drafting and filing Stock Purchase Agreements for our clients. We invite you to give us a call at (310) 943-1171 to speak to a California corporate attorney today. Our lawyers in Glendale, Los Angeles County, California, will ensure that your transactions are always in your best interest.

KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda. Get Directions on Google Maps

What Does a California Expungement Do?

Under Penal Code § 1203.4, an expungement essentially discharges a person from whatever sentencing they were given due to being convicted of a crime. One powerful advantage that expungement offers is that an expunged conviction does not typically have to be disclosed to potential private employers or institutions. As it stands, California law prevents employers from inquiring about an applicant’s previous criminal record until such a time when the employer proposes a legitimate offer of employment. However, once a conviction gets expunged, it doesn't need to be revealed to an employer even after the employer makes a job offer.  However, you may still be required to disclose the expunged conviction if filing any applications with government organizations such as for professional licensing with the Contractors State Licensing Board; State Bar of California; Medical Board of California; California Board of Pharmacy; California Department of Real Estate; California Board of Accountancy; or any such other licensing board that requires a Live Scan for California Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) level criminal history record checks. 

Who is Qualified to Have Conviction Dropped Under California Expungement Law?

Someone who was sentenced for a crime in California is eligible for expungement provided that:

• They have successfully completed probation for the offense, and that they either
• Did not serve time in state jail for the offense, or
• Served time in state jail, however they would have served it in county jail had the crime been committed after usage of "Realignment" under Proposition 47.1

Who isn't Qualified For an Expungement in California?

Individuals are not qualified for expungement in the event that they:

• are presently accused of a criminal offense,
• are on post trial supervision for a criminal offense, and/or
• are serving a sentence for a criminal offense.

Glendale, Los Angeles Expungement Lawyers Can Help

Expungement is a huge step forward for many individuals who have been accused of a crime. This crucial step allows for a much easier re-entry into society and we can help you to get there! If you or a loved one may benefit from an expungement, give us a call at (310) 943-1171 for a free criminal defense consultation with one of our Glendale criminal defense attorney today.  Our lawyers in Glendale, Los Angeles, California, are dedicating to providing the highest quality legal services for all of our clients. Get Directions on Google Maps

• • Original, meaning that it isn’t registered to another LLC in your state,
  • Transparent, meaning that it clearly lets the reader know that the company is an LLC; this is typically done by adding “LLC” to the end of the name,
• Uncontroversial, meaning that it does not contain any words that are prohibited by state or federal law.

Lastly, it’s also definitely worth making sure that your chosen LLC name doesn’t infringe upon any potential copyright issues. If your name is too similar to another LLC’s name, then you may be held in contempt of copyright violation.

An Organized LLC is...a Required One

This second step is arguably the most important one on the list. You will have to create and file Articles of Organization. These are important documents which outline and affirm the initial statements required of you to form an LLC. The Articles of Organization will be filed to the state secretary’s office and, once approved, they establish the LLC as a registered business entity within the state.

Drafting Articles of Organization for LLC in California

The information that is required typically includes the name of the LLC, its registered address, the names of the owners and their roles, as well as a few more key points of information about the LLC. These documents are used by the state government to keep track of which LLCs are claimed and who their registered agents are. Registered agents must be designated in order for your LLC to get formed because that person will have legal authority to respond to any legal documents that your LLC may receive.

LLC Operating Agreements: The Rules of Operation

Lastly, you’ll want to draft up an Operating Agreement. This is an extremely important part of the LLC creation process because it plainly establishes the business’ financial and operational decisions, the processes for arriving at those decisions, the protocols and chain of command, as well as many other rules, regulations, or provisions. The main reason you’d want to spend quite a bit of time working on the specifics of an Operating Agreement is that it outlines and governs the internal operations of your business in such a way that is most suitable to the specific needs of the business owners. Therefore, by investing time in writing it out now, you will save a lot of frustration, confusion, and time later down the line.

Is an LLC Operating Agreement Considered as a Contract?

Do note that once signed by the member-owners of the LLC, the Operating Agreement acts as an official contract which binds them to its terms and conditions. The legal significance of this document is yet another reason to spend time on it–should any legal disputes or issues arise between the owners of the LLC, the operating agreement is one of the first things the courts will point to. As such, you’ll generally want your operating agreement to mention:

• • The members’ business interests and ventures in the LLC,
  • The rights, privileges and responsibilities of the members,
  • Rules regarding the voting power of the members in executive decisions,
  • Guidelines detailing how the business profits are to be split and shared,
  • Procedures and protocol that establish how the LLC will be managed,
  • Rules specifying when meetings occur and how votes will be taken,
• Provisions and protocol for outlining what will occur when a member chooses to get out of the LLC, either by selling their share, or by death or disability.

Also, bear in mind that the Operating Agreement must be completely transparent and agreed upon by all members of the LLC. You will all have to sign the document affirming your assent to its terms and rules.

Legal Help Creating an LLC

There are many points to make sure you get down in just right way while filing the documents for forming your LLC. In particular, the Articles of Organization and the Operating Agreement are so crucial to get right that the future of your business depends on it. That’s a very tall order to ask of anyone to complete on their own. That’s where we come in; you do not have to go through that process alone. We can help you with the filing of these documents so that you can focus more on your business and worry less about the details. Give our office a call today at (310) 943-1171 to speak to our experienced California business lawyers. We will make the process as smooth as can be.

KAASS LAW is authorized to practice law in California. Our lawyers in Glendale, Los Angeles County, California specialize in offering services for multiple practice areas. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda. Get Directions on Google Maps

Difference Between Corporations and LLCs

Insofar as questions of jurisdiction, LLCs share many traits with corporations. Like corporations, LLCs are creatures of the state. As such, they are formed and operated in accordance with state laws. Furthermore, both corporations and LLCs are treated as legal entities separate and distinct from their owners, who are instead referred to as ‘members’. Given their status as a legal entity, LLCs can sue or be sued, enter into contracts and arrangements, and hold titles to property or estates.

Members of LLC vs. Shareholders of Corporation

Notably, the members of an LLC enjoy limited liability just like the shareholders of a corporation would. Members can also undertake actions on behalf of the LLC, and as with a corporation’s shareholders, any damages or charges recovered go to the LLC, not to the members themselves. However, just like how courts can, on occasion, determine that they ought to disregard a corporation as a legal entity and hold shareholders personally liable for damages, so too can the courts pierce the corporate veil of an LLC to hold individuals accountable for damages. These cases, however, are extremely rare and far and few between.

Disadvantages of Forming a Limited Liability Company "LLC"

As previously alluded to, the advantages of LLCs are many and the drawbacks are relatively few. One such disadvantage to consider is that the management structure of an LLC is not clearly stated nor defined in the legal literature. More often than not, it is up to the members to create, agree upon, and sign off on articles of organization which outline the key rules and principles of operation of the company. While, this may seem inconvenient at first, it can actually be viewed as a major advantage of an LLC, speaking to its flexibility and the level of freedom and control it can offer to its members. Below is a chart that effectively sums up the potential pros and cons of an LLC. Things to Consider About LLCs:

Advantages

Disadvantages

• Liability of members is limited to the amount of their investments
• LLC statutes are not yet completely uniform among all the states; some differences in liability or responsibility may apply
• Can choose whether to get taxed as a partnership or as a corporation
• Lack of case law with LLCs means that lawsuits are a little more nuanced
• If taxed as a partnership, can avoid “double taxation”
• Investors may not feel as comfortable investing in LLCs as corporations because of the above reason
• LLC itself isn’t taxed, profits get “passed” onto the members who only pay personal taxes
• Articles of organization should be drafted and agreed upon by members, which can be a little cumbersome
• Immense flexibility with internal organization
• California, and some other states,  levies a minimum yearly fee of $800, which the LLC must pay to enjoy limited liability
• General ease of doing business in other states

• Can consistent of one or many members

• Far more flexibility and far less documentation needed for LLCs than for corporations

How Does an LLC Work

As you can see, the benefits of an LLC generally outweigh the drawbacks. For further information, use the following chart as a reference; it provides answers to many common questions surrounding the details of how an LLC works.

Characteristics of

A Limited Liability Company

Method of Formation

It is formed by an agreement of the owner-members of the company. Articles of organization are filed. Charter has to be given by the state.

Legal Position

It is treated as a legal entity.

Liability

Member-owners liability is limited to the amount of capital contributions or investments.

Duration

Can have perpetual existence, unless there is only one member (like a corporation).

Interest Transferability

Member interests are freely transferable.

Management Scheme

Member-owners can fully participate in management, or they can designate managers to oversee the firm on their behalf.

Taxation

LLC does not get taxed, and members are taxed personally based on the profits that get “passed through” the LLC.

Fees and Annual Reports

Organizational fee is required, as well as a possible business privilege fee.

Foreign Business Transactions

Generally no limitations.

Speak to an LLC Lawyer in Los Angeles

While an LLC can offer you and your business many powerful tools and advantages, getting it set up as an LLC can be a somewhat difficult process. That’s where we can help. We have helped many clients start up LLCs for their businesses as well as converting an already existing business into an LLC. We always look for ways to help our clients maximize their profits in the legal realm, and this is no exception. If you or a loved one wishes to open an LLC, or has any further questions, we invite you to give us a toll free call at (310) 943-1171 to speak to one of our Los Angeles business lawyers today.

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.

What’s important to note is that if neither of the above points holds true, and you are merely drunk in a public place, like a bar or a street, then you are not guilty of violating this penal code...no matter what an annoyed, or even aggressive, cop might say!

Drunk in Public Charges

Words carry lots of weight in the legal realm because what is meant and conveyed in the law can be used to argue in favor of, or against someone in a case. As it pertains to public intoxication or “drunk in public” charges, wording is very relevant. This is because the formal legal definition of being “drunk in public” bears with it three very key elements that must hold true in order for the charge to be justified. This means that the prosecutor has to show these elements are true in court for a defendant to get convicted of violating Penal Code 647(f). The elements are:

1. You were willfully under the influence of alcohol, drugs, and/or some controlled substance,
2. You were located in a public place while you were under the influence, and
3. You were either:
4. 1. Incapable of taking care of yourself or caring for the safety of others, and/or
   2. Interfered, blocked, or made it difficult for people to freely make use of public ways, roads, streets, or sidewalks.

Penal Code 647(f)

Therefore, simply being really drunk, even drunk enough to blackout or pass out, does not automatically make you guilty of violating Penal Code 647(f). So, while on the surface it may seem easy enough to denote a law for public intoxication, it actually becomes a very technical and specific process. We can use those technicalities to our advantage.

It’s a Free Country...Mostly

Willingly Under the Influence

First off, let’s zero in on that first element of the definition we mentioned above. To be willingly under the influence means that you got intoxicated of your own free will. Therefore, the prosecutor would have to establish that you intentionally got drunk or intoxicated and that it was something you did by your own deliberate choice. So, let’s say you were drugged or someone slipped something in your drink. In that scenario, you could not be found guilty of violating Penal Code 647(f). Similarly, let’s say you thought you were enjoying a non-alcoholic beverage, but someone changed your drink and gave you something else...in that situation you would still not be guilty because you did not get intoxicated willingly.

All Publicity is Good Publicity...right?

Now about that second crucial element in the definition—“public”. As far as California law is concerned, a public place is anywhere outside of a private residence where people are free to walk. Some obvious examples that fit the definition would be places like a shopping center, a bar, a restaurant, a movie theater, a street, and a park or a beach. There are some less obvious places that this definition also covers, such as shared, communal hallways or lounges in apartment complexes, the front yard, front porch and driveway of someone’s home, and a parked car on a public road. Similarly, a hotel hallway is a public place, but the actual hotel room is not.

What is Considered a "Public Place" for Purposes of Public Intoxication Charges in California?

It is important to know that a place can be considered ‘public’ even if there aren’t any other people actually present at that location: what matters is that it is accessible to the public, not that anyone is there or likely to be there. On the other hand, some examples of private areas would be places like private homes, apartments or residences, and garages, sheds, guest houses, or backyards. Finally, it’s imperative to keep in mind that you cannot be found guilty of being intoxicated in public if you got drunk or inebriated in a private place, but then were forced out to a public place. There have been instances where people (sometimes even law enforcement!) force intoxicated people to go with them to a public place and then arrest or accuse them of being drunk in public. That’s why it is so important to always know your rights.

Safety First!

The whole third premise of this penal code rests upon safety, specifically denoting when someone poses a threat to safety. The law specifies that a person who is so intoxicated that they are unable to care for themselves or for those around them are considered drunk enough that they pose a risk to the wellbeing of themselves and to those around them. To illustrate this, picture two different people, Leo and Kevin, both of whom are outside of an LA bar at 2 in the morning.

Examples of California Public Intoxication Charges

Leo is trying to call for an Uber when a cop comes up to him and questions him. Leo is able to answer the cop’s questions, and while the cop can both see and smell that Leo is definitely drunk, he can also tell that Leo is coherent enough to get himself into a cab. Therefore, Leo doesn’t pose a threat to himself or to anyone else outside that bar. However as the cop begins to leave, he notices Kevin, who is also trying to find his Uber. The difference is that Kevin has wandered onto the middle of the road to see if any of the cars are his cab and as a result the drivers are forced to slam their brakes to avoid running into Kevin. He is clearly incoherent and he trips and falls right in the middle of the street.

Given that situation, it’s clear that both Leo and Kevin are drunk, but what matters is that Leo’s actions aren’t threatening his safety or the safety of others, whereas Kevin’s drunken shenanigans are endangering his life as well as the safety of others around him. Thus, Leo would not be charged with violating Penal Code 647(f), but Kevin very well may be. The cop could notice that Kevin’s level of drunkenness is so extreme that it actually does pose a safety hazard and so Kevin can be found guilty of a Los Angeles public intoxication charge.

And While You’re at it...Try Not to Get in the Way Either

The second half of that last component deals with obstructions of public places. Going back to our previous example, Leo gets in his cab and heads home, whereas Kevin stumbles and falls in the middle of the street. Let’s say he manages to drag himself back onto the sidewalk, where he passes out from being so drunk. In this situation, people who are walking on that sidewalk may be forced to step onto him, step over him, or otherwise go off the sidewalk to walk around him. Therefore, Kevin is blocking the free passage of people in a public space and that is also grounds for a potential public intoxication arrest.

Penalties of Penal Code 647(f) Conviction

The penalties of penal code 657(f) are more than just a bad hangover. If convicted of a Penal Code 647(f), the penalties include the following:

• Serving up to 6 months in county jail,
• Getting fined no more than a maximum amount of $1,000, and/or
• Summary probation.

More Than Three Public Intoxication Charges in One Year Period

However, if you get a “public intoxication” conviction three or more times within a 1 year period, then you will have a minimum sentence of 90 days in county jail. The court can reduce that sentence down to a 60 day period, provided that you spend those 60 days in an alcohol recovery program and treatment center.

Sometimes a Good Legal Defense...is a Great Offense

A seasoned Glendale criminal defense attorney will explore several methods of protecting you by incorporating the details of your case as well as the circumstances leading up to the alleged public intoxication charges. The following are some examples of defenses that your lawyer may use to fight the accusations:

• The location in question was not ‘public’
• • If you were arrested in any type of private residence, then there cannot be any ‘public’ intoxication charges, no matter how drunk you were. Because there are some technicalities to what California law defines as public, sometimes officers might think that you’re in a public space, when really you are not (such as being in a backyard instead of a front yard).
• Inconclusive or not enough evidence of intoxication
• • For you to get convicted of a Penal Code 647(f) charge, the prosecutor would need to show beyond any reasonable level of doubt that you got willingly intoxicated in a public place and engaged in the kind of behavior that satisfies the legal definition of public intoxication. You’d be surprised just how often all of those pieces of evidence are just simply not available or otherwise are too flimsy to stand in court.
• Not enough probable cause
• • It can be pretty common in these types of public intoxication cases for the police to violate someone’s rights while they’re ‘investigating’ the situation. If they...
  • • detain you without personally having born witness to you violating a law,
    • Carry out an illegal search and violate California’s search and seizure laws, or
    • Make up, or produce false evidence against you,
  • ...then your defense attorney can put out a California motion to suppress evidence, potentially getting the entire case dismissed outright. Always bear in mind that the US Constitution protects you from illegal searches, seizures or actions from the police.
• Diversion or Deferred Entry of Judgement
• • Even in the event that you are obviously guilty of violating Penal Code 647(f), if your arrest resulted from behavior that stemmed from the use of controlled substances or drugs, or even a combination of those and alcohol, then an adept California defense attorney will still be able to negotiate a deferred entry of judgement (DEJ) or pretrial diversion deal with the prosecutor and the judge. In this scenario, you agree to attend and successfully complete a state-approved drug treatment program. Upon meeting those conditions, the charges against you will be dismissed and you will not have the violation listed on your criminal record.

Call Us. Our Criminal Lawyers Can Help with Your Penal Code 647(f) Charges

If you or a loved one has been accused of violating Penal Code 647(f), don’t hesitate to give us a toll free call at (310) 943-1171 to speak with our experienced California defense attorneys today. Our lawyers in Glendale, Los Angeles, California, are dedicating to providing all of our clients with the highest quality legal services possible.

KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda. Get Directions on Google Maps 

Can You Grow Marijuana Outdoors in California?

Can you grow marijuana outdoors in California is a frequently asked question. In California you cannot grow marijuana outdoors, nor can it be plainly visible to the naked eye from a public place. In other words, you can’t realistically grow pot in your backyard, because if your neighbors can see it with their unaided vision, then it’s still technically illegal. Due to these restrictions, you will typically want to cultivate your marijuana indoors and somewhere that is not easily visible from the outside. Furthermore, if there is more than one person living in that residence, you are still limited to no more than 6 marijuana plants. In other words, you and your spouse cannot grow twelve plants together, because the 6 plant limit applies per residence, not per person.

What Does Cultivating Mean?

You’ll have noticed pretty quickly that all of these official legal definitions and restrictions utilize the word ‘cultivate’ when referring to growing of marijuana plants. This is because it gives a sense of consistency to the semantics that are at play in the law. However, the word ‘cultivate’ in these legal contexts is a bit more encompassing than you might usually expect. Here, to cultivate can mean any or all of the following:

• To plant,
• To harvest,
• To nurture,
• To grow,
• To dry,
• To water,
• To process,
• To care for,
• Or to cultivate any marijuana plant or any of its parts therein.

As you can see, the definition of ‘cultivate’ is heavily expanded in these contexts for simplicity’s sake and for the sake of being able to capture more meaning into the word itself. These additional meanings of ‘cultivate’ are significant because the wording of the law is key to understanding what you may be accused of or charged with. Because of the expanded meaning, you do not even have to be physically present to ‘cultivate’ marijuana—even just being indirectly involved with its process is sufficient to be accused. This means that if you were to help your friend remove the leaves, you’d still be ‘cultivating’ marijuana.

“But, it’s Medicinal”, You Say!

This is where things get a bit more murky. Cultivating marijuana for medicinal use is different than for personal use. Even the laws used to denote them are distinct. The one that matters most here is California’s “Compassionate Use Act of 1996”, which came into law through Proposition 215; its provisions are further outlined in California Health and Safety Code 11362.5 and other subsequent sections. In a nutshell, the Compassionate Use Act gives exemptions to the following groups from the usual California laws that govern and regulate the possession and cultivation of marijuana:

• People who need to use marijuana for treatment of a serious medical condition, as prescribed by a doctor,
• The primary caregivers to those people, and
• Dispensaries, or, more formally, medicinal marijuana collectives.

How Many Cannabis Plants Can a Medicinal Marijuana Patients Grow in California?

Medicinal marijuana patients and their primary caregivers can grow or cultivate 6 mature marijuana plants, 12 immature marijuana plants, or, with a doctor’s recommendation, an even greater number of plants, relative to the patients’ needs for treatment.

Violations of Marijuana Health and Safety Code 11358

Now that marijuana legalization in California has kicked in, most violations of Health and Safety Code 11358 will be considered misdemeanors. The punishments for breaking this statute may include:

• Serving a maximum of 6 months in county jail, and/or
• Being fined no more than $500.

You should, however, keep in mind that violating HS 11358 does have more severe consequences if:

• You have been convicted of any violent felonies or crimes in the past,
• You are a registered sex offender,
• You have 2 or more previous convictions for cultivating or growing more than the legal limit of 6 marijuana plants, and/or
• You violated other California environmental laws or ordinances while cultivating marijuana.

In these situation, you would instead be convicted of a felony and you could be sentenced up to 3 years in county jail and be fined a maximum fine of $10,000.

One Other Way to Patch Things Up: California Penal Code 1000—Pretrial Diversion

Provided that your arrest was solely for cultivating excessive amounts of marijuana for personal use, you are a non-violent first or second time offender, and/or you are a minor, you can qualify for deferred entry of judgement or a pretrial diversion (enter links to article here). In this case, you will have your sentencing put on hold while you participate and complete a state-approved drug counseling or treatment course. This procedure is due to California Penal Code 1000 and upon successfully completing it, the charges will be dismissed. Crucially, this means that the arrest and the charges will not exist on your record for most purposes, like applying for a job, school, housing, and other applications. However, it does require that you plead guilty first and foremost, as well as meeting the eligibility requirements. Only then will the court consider and accept your case for pretrial diversion. Whether or not your case may qualify for pretrial diversion is something your lawyer will discuss with you.

Re-sentencing of California Marijuana Cases Through Prop 64

Proposition 64, now that it is fully in effect, has greatly changed the way that California handles marijuana cases as they pertain to use, possession, and cultivation. As a result of this, the law does work retroactively. In other words, if you were convicted of marijuana cultivation prior to the passing of Prop 64, you may now not be found guilty of convicting a crime at all. In fact, even if you had grown more than the legal limit of 6 marijuana plants, you would still have a reduced punishment since you would have been guilty of a misdemeanor, not a felony. Prop 64, through Health and Safety Code 11361.8 permits those who were convicted under the old version of HS 11358 to appeal for redesignation or resentencing of their violation. For the most part, the court will grant the resentencing without much thought, unless they feel that you would pose some serious risk to public safety. Based on how much of your sentence has already been served, you might even be subject to immediate release. This also holds true for those that were convicted of a marijuana cultivation or use felony under older laws; you can apply to have your crime redesignated from a felony to a misdemeanor, or possibly even get it expunged entirely if you would not been found guilty of any crime under these new laws.

A Good Defense Doesn’t Have to Be Hard to Come By

A skilled criminal defense lawyer will get the details of your case and use them to shield you. The following are just some of the possible defenses that may be used in your situation:

• The marijuana was not yours.
• • If the prosecutor cannot definitively prove the marijuana belonged to you, then you are not guilty of committing a crime. For example, let’s say the marijuana was found in a communal space that is shared amongst different residents, such as a garden or backyard. If there is no other proof that you were the one to specifically plant or cultivate the marijuana then you are not guilty.
• You were not aware there was marijuana.
• • Let’s say you go on vacation and come back to find some marijuana plants growing on your property. The prosecutor must still be able to show at the very least that you knew there was marijuana being grown on your property and that you chose not to do anything about it.
• You did not recognize that it was marijuana.
• • If the prosecutor cannot demonstrate that you know what marijuana plants look like, then you cannot be found guilty of violating the law. For example, if your roommate plants a bunch of marijuana plants at your residence, then you wouldn’t be found guilty of breaking the law if you didn’t even know that they were marijuana plants in the first place.
• You are a medical marijuana patient whose needs are higher than the limits set out in Prop 64 and the Compassionate Use Act.
• • This would be an affirmative defense to an accusation that you have cultivated more than the legal limit of marijuana. The burden is still on you to show that:
  • • You have a serious medical condition as defined by the Compassionate Use Act
    • You have gotten a recommendation or approval from a physician to use marijuana in your treatment of the ailment and that
    • You need more than the current legal limits on marijuana cultivation can provide.
• The marijuana was found illegally.
• • This is where your Fourth Amendment Right kicks in to protect you from unreasonable searches and seizures of your private property. If a law enforcement officer did not have a valid warrant to search through your property, nor sufficient cause to do so, then any evidence obtained from such unsanctioned searches and seizures cannot be used in a court of law.

Los Angeles Marijuana Lawyer: California Health and Safety Code 11358

f you or a loved one has been accused of violating California Health and Safety Code 11358, or any marijuana law, we invite you to give us a call at (310) 943-1171 to speak to a skilled Los Angeles marijuana defense attorney with confidentiality today.

Location & Directions KAASS LAW Location: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Telephone: (310) 943-1171 Email: [email protected]

Our lawyers in Glendale, Los Angeles, CA at KAASS LAW are authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.

First Time DUI Conviction in California

If convicted of a DUI in Court, while the driver would have full driving privileges, the DMV will require the installation of an ignition interlock device, which is the breathalyzer device for several month period. Typically, probation is for three years and is also known as "informal" or "summary probation" on a first time DUI offense. Summary probation means that it is “non-reporting probation".

Immigration Consequences of a DUI Conviction

A criminal conviction in California, even for a first time DUI offense can have negative consequences on immigration status. For instance, a DUI offense can trigger deportation requirements and other immigration difficulties. Winning your case instead of being convicted can often mean staying in the United States instead of being deported. Therefore, hiring an experience Glendale DUI defense lawyer may mean the difference of keeping your immigration status or suffer adverse consequences. Our goal in DUI cases is to first attempt to seek a dismissal. If that does not work, we seek to reduce charges and all punishment.

DUI Attorney in Glendale

It is imperative that you hire the best Los Angeles DUI attorney to ensure you get the best possible defense. Our Glendale criminal defense lawyers have handled numerous cases. If you have been accused of a DUI, contact one of our Glendale DUI attorneys at (310) 943-1171. It is important to have a defense attorney that you can trust. It is imperative not to speak with investigative authorities without seeking legal counsel first in these situations.

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.