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Business Formation: Protecting Your Business and Your Personal Assets

When you are thinking of starting a business, you may have questions about protecting yourself and your assets.  You may also have questions as to which type of business entity you should form for your business needs.  So, what is the best entity for your business and what are the benefits and protections of forming each type? Overall, there are four major categories of business entities used in California businesses […]

ML Jim Sifers

Court Rules Services Advisors are Exempt

On April 2, 2018, the United States Supreme Court issued its opinion in Encino Motorcars, LLC v. Navarro, et al. No. 16-1362 (“Encino”).  In Encino, the Court reversed a Ninth Circuit Court of Appeals Decision and ruled that automotive service advisors are exempt employees not entitled to overtime wages per the Fair Labor Standards Act (“FLSA”) 52 Stat. 1060. (Opinion Pg. 1.) The Court ruled that automotive service advisors are […]

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Battle Of The Forums: Deciding On A Venue For Arbitration

So you have sold a vehicle.  You have informed the customer that, per the Retail Installment Sales Contract, any and all disputes they may have with either the purchased vehicle or your dealership are subject to arbitration.  A dispute arises, you bring the case to our attention, and more likely than not, your case is no longer in the hands of the Superior Court with a more than likely hostile […]

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Risk And Regulation Of Digital Currency

Risks And Regulation Of Digital Currency Digital currency is a new electronic payment system that involves the use of software code to function as money over a computer network, much like the internet.  The most famous digital currency is Bitcoin. At bitcoin.org under the tab “you-need-to-know” states “Bitcoin is an experimental new currency that is in active development….  Be prepared for problems and consult a technical expert before making any […]

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When A Vehicle’s History Report Causes A Mileage Discrepancy

Given the prevalence of vehicle history reports such as CarFax and AutoCheck, and consumers’ demand for the same when they purchase used vehicles, an issue has arisen regarding a dealership’s obligation to report a mileage discrepancy when that discrepancy is solely created by a third-party notation on a vehicle history report.  The most common situation usually arises where a dealer purchases a vehicle at auction, where the vehicle is not […]

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What Is Digital Currency And How Does It Function?

Digital currency is a new electronic payment system that involves the use of software code to function as money over a computer network, much like the internet.  The most famous digital currency currently is Bitcoin.  Digital currency is built on the equivalent of a computer operating system, called a blockchain.  A digital currency has each of its monetary units (called “coins”) in an electronic registry, which is stored in computer […]