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Post On May 22, 2020
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You know that the COVID-19 / coronavirus pandemic has caused many small and medium sized business throughout the State of California to lose money. However, what you may not know is that some insurance policies cover these losses. HAS YOUR CALIFORNIA BUSINESS LOST MONEY AS A RESULT OF THE PANDEMIC?...

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Anticipatory Breach of Contract During the COVID-19 Pandemic

An anticipatory breach of contract is a breach based on the words or conduct of a party, occurring before performance is actually due under the contract. What can you do to prevent an anticipatory breach contract? Can you file a lawsuit based on an anticipatory breach? What is an Anticipatory...

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May a Contract Be Forgiven if it Becomes Impossible or Impracticable to Perform During COVID 19?
Post On Apr. 24, 2020
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This guide will discuss the defense of impossibility to breach of contract, in the context of the current pandemic. Introduction In the current climate, when businesses are shutting down and economy has come to a staggering halt, many business owners are left wondering whether they are obligated to...

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Coronavirus / COVID-19 Business Interruption and Loss of Business Income Insurance Claims
Post On Apr. 23, 2020
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If your business has been closed, you may immediately consider a business interruption/loss of income claim under your commercial insurance policy. I suggest that you review your commercial insurance policy to check for potential insurance coverage The novel coronavirus COVID-19 pandemic has...

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What Did You Do Today? Productivity During The Pandemic.
Post On Apr. 17, 2020

When I was a young kid, in the summer my father would come home after a long day’s work and ask me, “What did you do today?” It was not meant, or at least I did not take it, as a greeting. He wanted to know. He wanted me to be accountable, to be productive. With stay-home orders, people working...

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(PUT YOUR DISTANCING IN WRITING.) 1. Why draft a workplace distancing policy? Oregon Executive Order No. 20-12 requires it. All businesses not otherwise closed by the order are required to establish, implement and enforce social distancing policies. The penalty for not adhering to the order is a...

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Law Office of Yoel Molina, P.A. 2655 Le Jeune Road, Suite 700-C Coral Gables, Florida, 33134 ​​305-548-5020 Fd@molawoffice.com www.yoelmolina.com ​“OUR ONLY GOAL IS TO PROVIDE YOU WITH BUSINESS PEACE MIND TO PURSUE YOUR SUCCESS” ​Business, Loans & Contracts in the time of Coronavirus Do you have...

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Cause of Non Performance In Force Majeure Contract Disputes
Post On Apr. 13, 2020
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A force majeure clause in a contract may excuse a party’s performance if there is an unpreventable occurrence that disrupts contract performance. The COVID-19 pandemic may be such an occurrence as well as many of COVID-19’s affects. For any of these events to trigger force majeure, however, they...

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Protecting Trade Secrets Under Coronavirus COVID-19 Work From Home Policies
Post On Apr. 10, 2020
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COVID-19 is having a huge impact on businesses. The government has issued stay-at-home orders. Businesses have also implemented work-from-home policies for employees. These policies, however, may create new challenges for businesses in protecting their confidential information and trade secrets....

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Employer Liability for Covid-19 Exposure (With Links to Relevant Federal Guides)
Post On Apr. 07, 2020

There are a lot of legal questions being raised by the novel coronavirus. Lawyers are in demand in these unprecedented times. Currently, the most common concern for businesses everywhere is liability for exposing employees to Covid-19 and the legal obligations of employers generally. These...

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Force Majeure - What It Means For Your Business
Post On Apr. 06, 2020
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A force majeure clause discharges certain contractual obligations upon the occurrence of a force majeure event. What obligations are discharged and under what circumstances depend on the language of the specific force majeure clause. What is Force Majeure? A force majeure event is an occurrence...

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Post On Apr. 04, 2020
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Can performance of a contract be excused due to inability to perform the terms of the contract as a result of the shelter-in-place orders in the wake of the COVID 19 pandemic? Introduction During these times of uncertainty in the business sector, issues pertaining to contractual obligations are...

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Coronavirus (COVID-19) Small Business Loans
Post On Apr. 02, 2020

With the Coronavirus pandemic, businesses are suffering and finding it difficult to pay their employees and other bills. Please read below to learn about some of the resources that are currently available to small businesses. Paycheck Protection Program One of the newer types of assistance that SBA...

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Getting Your Business Through COVID-19
Post On Apr. 01, 2020

The business world is confronted with financial issues it’s never before seen. Businesses are quarantined. Unfortunately, though your revenue has ceased, your financial obligations don’t disappear. So how do you respond? Business Surviving the Quarantine COVID-19 is affecting all businesses, but...

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How to Navigate the Administrative Remedies Process

We all deal with administrative agencies on a regular basis, whether it be through renewal of our cars’ yearly registrations, paying taxes, or through receiving and maintaining licensures to engage in certain professions such as medicine or teaching. Conflicts can arise between persons and agencies...

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ADA Compliance: Dos and Don’ts for Small Business Owners

You might have heard that abuse of the Americans with Disabilities Act (“ADA”) is a big problem in California. It is true. In fact, there were over 2,500 ADA lawsuits filed in California federal courts against business owners and property owners in 2016 alone. The Best Defense is a Good Offense...

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California Assembly Bill 1521: ADA Accessibility Litigation Update for 2015
Post On Feb. 04, 2016
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Recently, the California Legislature enacted Assembly Bill 1521 (effective October 10, 2015) to limit the practice of high-volume lawsuits motivated by the goal of obtaining quick settlements with business owners, rather than correcting violations of construction-related accessibility standards....

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Bankruptcy Basics in Oregon

A brief overview of how filing bankruptcy can help you get a fresh financial start. The Process Article I, Section 8 of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the Bankruptcy Code in...

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Defeating the Bank's Motion for Summary Judgment in a New York Residential Foreclosure Case - Part 1
Post On Nov. 14, 2015
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This is the first installment of our guide to defeating motions for summary judgment made by foreclosing banks in New York residential foreclosure cases. The purpose of a bank's motion for summary judgment is to obtain a judgment of foreclosure without giving the homeowner the benefit of a trial....

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This article explains the reciprocal nature of the ethical requirements governing all Tax Professionals. It also explains a taxpayer’s rights when confronted with unethical and inappropriate conduct. It then explains the tools available to Tax Professionals to report any ethical violations. Finally,...

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