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The Enforceability of Forum – Selection Clauses in Commercial Contracts

What are forum selection clauses and how do they affect a commercial relationship?  Forum-selection clauses are clauses within a contract which allow the contracting parties to agree to litigate a dispute in a particular state or court.  While forum-selection clauses are increasingly used in commercial contracts today, they can often be overlooked during contract negotiations, resulting in an obstacle when a dispute arises. A particular forum usually benefits one of […]

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Don’t Pay Twice: Unpaid Subcontractor Employee Wages and Cal. Labor Code § 218.7

Beginning January 1, 2018, Contractors are directly liable for the wages of any unpaid employee of their subcontractors, of any tier.  This is the effect of California Labor Code § 218.7[1].  California has continued its efforts to ensure that worker’s who are not paid their wages are guaranteed to receive them, no matter who ultimately must pay[2]. Contractors should already be familiar with the risks of unpaid subcontractor wages.  Under […]

Car Dealership; Buyer's Guide

Changes To The Buyer’s Guide

Starting January 27, 2018, the Federal Trade Commission will require all used automobile dealers to use a revised Buyers Guide.  The revised Buyers Guide: Changes the description of an “As Is” sale; Places boxes on the face of the Buyers Guide that dealers can check to indicate whether a vehicle is covered by a third-party warranty and whether a service contract may be available; Provides a box that dealers can check […]

Mediation, Mediator shaking hands

Mediation Confidentiality: Make Sure All the Terms are in a Written Agreement

Everyone is entitled to their day in court:[1] few take it.[2] Historically, less than 3% of cases go to trial.  Instead, most of the lawsuits filed are settled.  And most of the cases that settle, settle in mediation.[3] Mediation was once controversial in particularly contentious cases.[4] Now, mediation is so well accepted that you may be ordered to attend mediation by your Judge – even if you do not want […]

ICE-Officers-Apprehend-Mexican-Fugitive-Immigration-and-Customs-Enforcement

Fortalecimiento De Su Aplicación De Inmigración Con La Limpieza De Sus Convicciones Criminales

Venir a los Estados Unidos para alcanzar el “sueño americano” es la meta de muchas personas alrededor del mundo.  Por desgracia, incluso una menor convicción criminal puede plantear obstáculos a la obtención de residencia permanente, ciudadanía, o la renovación de una visa.  Al considerar una solicitud de inmigración, la ciudadanía de Estados Unidos y servicios de inmigración (“USCIS”) generalmente considera que si el condenado por delito se considera un “delito […]

Immigration; Crimmigration

Strengthening Your Immigration Applications by Cleaning Up Your Criminal Record

Coming to the United States to pursue the “American Dream” is the goal of many people all around the world.  Unfortunately, even a minor criminal conviction can pose obstacles to obtaining permanent residency, citizenship, or renewal of a visa.  When considering an immigration application, the United States Citizenship and Immigration Services (“USCIS”) generally considers whether the convicted offense is considered a “crime of moral turpitude.”  This means that the USCIS […]