Carr McClellan P.C.

Opinion Letter – Why And How Much Will It Cost?

An Opinon Letter is like an estoppel certificate issued by the borrower’s attorney regarding the borrowing entity and the loan documents. Borrowers may have an opportunity at the loan application stage to negotiate the…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking

Maintaining Trade Secret Confidentiality in Litigation

Early Monday morning you learn that Jane, your former employee, has stolen your company’s confidential information and her new employer is using it. You call your lawyer and tell her that you want to put Jane in jail. Your…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Privacy, Intellectual Property

Protect Your Corporate Veil

One of the advantages of operating a business in corporate form is the protection a corporation provides to its shareholders from exposure to the corporation’s liabilities…more
| Business Organizations

Doing Business in California Under a Fictitious Business Name

California law requires any individual, corporation, limited liability company, partnership or other association transacting business in California under a fictitious name to file, publish and periodically renew a fictitious…more
| Business Organizations

Does Non-Recourse Liability Still Exist?

Several years ago, the real estate financing market took an unexpected turn. In 2011, a court in Michigan rendered a decision which called into question whether a non-recourse loan was truly “non-recourse” (liability limited to…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

New Accessibility Disclosure in Commercial Leases

As of July 1, 2013, California Civil Code §1938 required all commercial leases to state whether the premises have been inspected by a “Certified Access Specialist” (“CASp”) and, if so, whether the premises has or has not been…more
| Civil Rights, Commercial Law & Contracts, Construction Law, Real Estate - Commercial

When is an Electronic Signature Enforceable?

When is an electronic signature sufficient to make an agreement enforceable? Two recent California Court of Appeal decisions rejected efforts to enforce agreements supposedly entered into with electronic signatures under the…more
| Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology

Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face Sanctions

The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary…more
| Civil Procedure, Civil Remedies, Elections & Politics, Electronic Discovery

City May be Liable for Damage to Residence from Falling Tree Under Inverse Condemnation

When is a tree a “public improvement” for purposes of inverse condemnation? According to one court, when the tree was planted by a city as part of a forestry program and maintained over a period of time. City of Pasadena v…more
| Civil Procedure, Civil Remedies, Constitutional Law, Personal Injury, Real Estate - Residential

The BEPS Initiative: Redefining International Tax Planning?

Technology companies frequently possess an international tax footprint before expanding their domestic tax footprint. That may soon change as the Organisation for Economic Cooperation and Development (OECD) and its G20 member…more
| Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology, Taxation

Supreme Court Decision Threatens Internet Television, But There Is Hope

When Congress last completely overhauled the Copyright Act in 1976, disco topped the charts, Charlie’s Angels was making its television debut, and fax machines were revolutionizing how people communicated. But it was this same…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Form D: Short But Not Simple.

Companies selling securities are generally required to register the offering with the Securities and Exchange Commission (SEC). In certain circumstances, an offering may qualify for an exemption from these registration…more
| Commercial Law & Contracts, Securities Law

Can Unlimited Vacation Policies be Awesome for California Employers and Employees?

High tech companies continue to change our world and how we work. Netflix, Ask.com, Best Buy, Zynga, Evernote, Hubspot and others recently have re-imagined vacation benefits for their own employees by shifting from traditional…more
| Labor & Employment Law

Are Internet TV Providers Cable Companies Now?

Last month, in American Broadcasting Companies Inc. v. Aereo, Inc., the Supreme Court ruled that Aereo’s service of streaming broadcast TV over the Internet violated copyrights in the streamed TV shows. Although this ruling…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Architects May Be Sued Directly by Homeowners Association for Design Defects

In a unanimous decision, California’s Supreme Court has ruled that the principal architects for a condominium project may be sued directly by a condominium homeowners association for design defects. The case, decided July 3,…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Real Estate - Residential
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Contact

216 Park Road
Burlingame, CA 94010, United States

  • 650-342-9600
  • 650-342-7685

Areas of Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
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