Most Recent Attorney’s Blog Posts

  • Alternatives for Securing Your Loans or Investments
    We often advise clients who want to loan money or participate in an investment to “get adequate security” for their investment. The purpose of getting additional security for your loan is so that you have something else that you can go after if the loan goes south. Ordinarily, if your loan is “unsecured,” it generally means that if the investment tanks, then your only remedy would be to sue the debtor and go through the potentially expensive process of litigation in hopes that you can get a judgment against the debtor, and perhaps most importantly, that the debtor will then ... read more
    Source: KKOSLawyersPublished on 2017-03-07By Lee Chen
  • Real Estate Investor Escapes Criminal Charges: Legal Factors When Raising Money from Others with Promissory Notes
    Thousands of real estate deals/projects involve the use of promissory notes as a way to raise money to fund the project.  If you are raising capital for a real estate project using promissory notes and you assume incorrectly that securities laws do not apply to your deal/project, you could be fined or possibly end up in an orange jump-suit. In a recent California case called People v. Black, the California Court of Appeals was asked to whether a promissory note in the real estate deal (an investment in land in Idaho) was a security.  Needless to say the project/deal did not ... read more
    Source: KKOSLawyersPublished on 2017-02-28By Kevin Kennedy
  • Just “Having” an S-Corp May Not be Enough
    Just “having” an S-Corporation may not be enough. It’s important you make sure to reap the tax and legal benefits of your S-Corp if you’re going to set one up. If you routinely read articles in this space or have heard any of our attorneys speak around the country, you are probably aware that we are big fans of the S-Corporation structure as a way for folks who own and operate small operational businesses (i.e. ones where they are selling goods or services and are not someone else’s W-2 employee) to get some limited liability protection and (probably more importantly) ... read more
    Source: KKOSLawyersPublished on 2017-02-21By Jarom Bergeson
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