Russell Terry Named to Pacific Coast Business Times 40 Under 40
Reicker Pfau is pleased to announce that Partner Russell Terry was named to the 2020 Pacific Coast Business Times 40 Under 40. The special report recognizes emerging leaders in the Tri-Counties. Since its inception in 2001, the report has featured
Updated PPP Loan Forgiveness Applications and Instructions
On June 16, 2020, the SBA and Treasury Department released updated Paycheck Protection Program ("PPP") loan forgiveness applications and instructions. The updated applications incorporate changes to the PPP that were recently implemented by the Paycheck Protection Program Flexibility Act. There
Paycheck Protection Program Flexibility Act Brings Borrower-Friendly Changes to PPP Loans
On June 5, 2020, President Trump signed the Paycheck Protection Program Flexibility Act of 2020 (the "Act") into law. The Act provides borrowers under the Paycheck Protection Program ("PPP") with additional time and flexibility in their use of PPP loan
Necessity Requirement under the PPP
Last Updated: May 13, 2020 UPDATE: On May 13, the SBA and Treasury Department released FAQ #46, which provides that: Any borrower that, together with its affiliates, received PPP loans with a principal amount of less than $2m will be
Loan Forgiveness under the PPP
Last Updated: May 15, 2020 UPDATE: On June 5, 2020, President Trump signed the Paycheck Protection Program Flexibility Act of 2020 (the "Act"), which changes many of the terms and features described in this note. Among other things, borrowers now
Summary of New Employer-Paid Leave Programs Under the Families First Coronavirus Response Act
Last Updated: April 2, 2020 The Families First Coronavirus Response Act (the "FFCR") was signed into law on March 18, 2020 and takes effect today.[1] Among the many provisions in the FFCR — which is aimed at responding to the
Emergency Coronavirus Legislation Expands Access to SBA Loans (PPP Loans)
Last Updated: April 2, 2020 The Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") was signed into law on March 27, 2020. The CARES Act provides a wide range of relief to various individuals and businesses in addition
Paycheck Protection Program (PPP) Borrower Application Form
Last Updated: April 3, 2020 The Paycheck Protection Program (PPP) Borrower Application Form can be found here: PPP Borrower Application Form
CARES Act – Full Text
The full text of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") can be found here: CARES Act
Landlord-Tenant Update: Intersection of City of Santa Barbara's Mandatory 12-Month Lease Term Law and California's New Just Cause Eviction Law
Article by: Kevin R. Nimmons, Attorney and Partner at Reicker Pfau On April 16, 2019, the Santa Barbara City Council approved an ordinance requiring landlords to offer a minimum 12-month lease term in certain residential leases of "rental units." Subsequently,
How California's Tenant Protection Act will Affect Rental Properties
Reicker Pfau is Proud to Announce that Kevin Nimmons Joined the Firm as Partner in January 2020
Reicker, Pfau is Proud to Announce that Kevin Nimmons Joined the Firm as Partner in January 2020
Cory T. Baker Joins Firm
Reicker, Pfau, Pyle & McRoy LLP, Santa Barbara's Business Law Firm, is pleased to announce that Cory Baker has joined the firm as an associate
Reicker Pfau Successfully Defends Trial Court Victory on Appeal
On January 7, 2020, the Second District Court of Appeal issued a published opinion upholding the trial court's ruling in favor of Reicker Pfau client Benita Sachs in her capacity as successor trustee to the "Sachs Trust" created by her
Reicker Pfau Secures Trial Victory for St. George & Associates
Reicker Pfau congratulates Partner Robert Forouzandeh and Associate Cory Baker and its longtime client St. George & Associates ("SGA") and Edward St. George after they prevailed at trial in the class action case Tran v. St. George & Associates before the Santa Barbara Superior Court.
Seed Financing for Startups – Let's Talk About SAFEs
When a startup is ready to raise its initial round of financing – known as a "seed" or "friends and family" round – the startup and prospective investors must determine how to structure the financing. The conventional way to structure a modest seed round is through the sale and issuance of convertible notes.
Xenon Partners Acquires Metricfire
Reiker, Pfau, Pyle & McRoy LLP represented Xenon Investment Fund 4, L.P., a software-focused technology private equity firm, in its acquisition of Metricfire.
Reicker Pfau Attorneys Represent Boulder Scientific Company in Sale to Quad-C
Partners Michael Pfau and Russell Terry and associates Lauren Wideman and Nicholas Behrman represented Boulder Scientific Company ("BSC"), a specialty chemical company based in Colorado, in its sale to Quad-C Management, Inc.
Reicker Pfau Represents SimpleLegal, Inc. in its Acquisition by Onit, Inc.
Reicker, Pfau, Pyle & McRoy LLP represented SimpleLegal, Inc., a leading provider of law firm management software, in its sale to Onit, Inc, with a team led by partners Michael Pfau and Russell Terry and associates Lauren Wideman and Nicholas Behrman.
Nicholas A. Behrman Joins Firm
Reicker, Pfau, Pyle & McRoy LLP, is pleased to announce that Nicholas Behrman has joined the firm and will specialize in transactional law.
Reicker Pfau Partners Michael Pfau and Robert Forouzandeh assist AutoCamp in Strategic Partnership Deal
Reicker Pfau Partners Michael Pfau and Robert Forouzandeh assist AutoCamp in Strategic Partnership Deal with Whitman Peterson
Reicker, Pfau, Pyle & McRoy is proud to announce that Russell D. Terry became a Partner
Reicker, Pfau, Pyle & McRoy is proud to announce that Russell D. Terry became a partner in the firm on January 1, 2019.
Mark Carney has Joined Reicker Pfau as a Partner
It is with great pleasure that Reicker Pfau announces that Mark Carney has joined the firm as a partner.
California Supreme Court Announces Restrictive Criteria for Classifying Workers as Independent Contractors
The California Supreme Court recently attempted to clarify the appropriate criteria for determining whether a worker is an independent contractor, at least with regard to sector-specific "wage orders" that govern issues like overtime, minimum wage, and working conditions.
Meghan K. Woodsome Joins Firm
Reicker, Pfau, Pyle & McRoy LLP is pleased to announce that Meghan K. Woodsome has joined the firm and will specialize in litigation and privacy law.
John G. Busby has Joined Reicker Pfau as a Partner
John G. Busby has joined Reicker Pfau as a partner. Mr. Busby has over thirty-five years experience in the areas of business transactions, estate planning, real estate and taxation. His practice will continue to focus on these areas and he will serve as the head of the firm's estate planning department.
Business Cases and the Roberts Supreme Court
The statement that the Supreme Court under Chief Justice Roberts, and more specifically the Court majority of five Republican-appointed Justices, has been unusually favorable, even biased, toward business interests is a familiar one in the media and much-repeated among liberal legal commentators (including, with respect to the 2010 Citizens United decision, the President of the United States)
Catalyst MINDS Features Mike Pfau: 'Picking Winners — Making New Businesses Work'
Mike Pfau recently engaged an intimate crowd in a discussion about his experiences, ranging from business activity and formation to mergers and acquisitions. Pfau offered a wealth of stories about his experiences in business and legal ventures that illustrated the strategic steps he believes every entrepreneur and business owner should be aware of in order to maximize control and success.
Expanding Your Business Through Franchising
uppose you own a successful restaurant. Business has been steadily improving and your best customers keep telling you that you should open another store. Maybe they even offer to invest in the venture because they love your food so much.
An Employers Guide to the Supreme Courts Ruling in Brinker
After nearly four years of anxious anticipation on the part of employers across California, the California Supreme Court issued its ruling in Brinker Restaurant Corp. v. Superior Court of San Diego County (Hohnbaum) (2012) 53 Cal.4th 1004.
California Prescriptive Easements
As real property values continue to recover, Californians should be wary of the dangers prescriptive easements pose to their property rights. An easement is a certain narrow right to use the real property of another without owning it
Barristers, Legal Aid, and SB College of Law Collaborate on New Clinic
Beginning in the fall of 2012, low-income individuals in Santa Barbara who cannot afford to pay for legal representation will find easier to get free legal representation on matters such as landlord-tenant and family law thanks in part to a new program created by the Santa Barbara Barristers and implemented with Santa Barbara Legal Aid and the Santa Barbara College of Law.
Legal Perspective of Recent Developments with Commercial Leases in Santa Barbara County
The economic downturn has had an impact on how leases for commercial properties are negotiated in Santa Barbara County. Prior to the downturn, demand for commercial space was robust. Landlords insisted on using their own form leases and made very few concessions to prospective tenants.
A Review of Nemecek and Cole v. Horn: Applying the Laffey Matrix to Determine Reasonable Attorney Notes
Horn sued a couple, whom he had represented in a lot-line dispute for unpaid fees. To no one's surprise, the couple cross-complained for malpractice and related torts. Horn hired Nemecek & Cole to represent him in the lawsuit.
Santa Barbara Lawyers Highlights 7 Business Accounting Firms
Reicker, Pfau, Pyle & McRoy, LLP is the premiere business law firm on the Central Coast. The firm provides exceptional business, transactional and litigation services to a wide variety of businesses. The firm has an outstanding reputation for its effective, creative and cost-effective approach to helping businesses with their legal issues and concerns.
Santa Barbara Business Attorneys Highlight Two Insurance Firms
Nearly all businesses at some point in time find themselves in a situation that requires the use of business insurance. It's important to choose carefully because a reliable business insurance company can make all the difference when the going gets tough.
New Disability Access Lawsuit Rules in California
Disability access lawsuits against business and property owners have long been a hotbed for "drive-by" litigation in California. Pursuant to California Senate Bill 1186, the laws pertaining to disability access lawsuits in California have been modified in the hopes of curbing this practice.
Preparing for the 2013 California Building Standards Code
The California Building Standards Commission ("CBSC") recently announced that it has adopted the 2013 California Building Standards Code (the "2013 Code").1 The California Building Standards Code was last published in 2010, and the 2013 Code will be available online on July 1, 2013
Arbitration Agreements in California: Are they enforceable or not?
A constant question posed by employers is whether an arbitration provision in an employment contract is enforceable in California. Recently, much of the discussion on this topic has been focused on the enforceability of class action waivers in arbitration provisions which are generally not applicable to small and medium sized employers.
Santa Barbara Business Lawyers Highlight Top 3 Property Management Firms
he business law firm often seeks insights from property management firms to help clients who are involved with commercial office, industrial and multi-family residential properties. The goal is to protect client assets, maximize operational efficiencies and maintain a quality environment for creating wealth.
Top 10 Reasons to Choose Reicker, Pfau, Pyle and McRoy
You cannot form, manage and secure your business without following legal obligations enforced by state and/or federal laws. To accomplish this, you need the assistance of an experienced law firm. Below are ten reasons why customers choose Reicker, Pfau, Pyle & McRoy as legal counsel.
The Marketplace Fairness Act of 2013 and Issues for Digital Distributors of Software in California
On Monday, May 6, 2013, the Senate approved Senate Bill 743, known as "the Marketplace Fairness Act of 2013,"[1] a bill authorizing online retailers that have gross annual receipts in total remote sales in the United States exceeding $1,000,000 to collect a sales tax from residents of states where they sell goods, even if such online retailers do not have a physical presence in these states
An Employee's Right to Inspect His/Her Personnel File
One of the many changes to California's numerous labor laws in 2013 was the modification of California Labor Code Section 1198.5. Pursuant to that statute, an employer must maintain a copy of each employee's personnel records for at least three years following the end of that employee's employment.
Affordable Care Act Implementation Delayed
On Tuesday, July 2, 2013, the Obama Administration announced that it will delay implementing the so-called "employer mandate" of the Affordable Care Act from 2014 until 2015.[1] Section 1513 of the Affordable Care Act added section 4980H of the Internal Revenue Code, which, among other things, imposes a tax on "applicable large employers"
Delaware Court of Chancery Holds that Anti-Reliance Provisions of Purchase Agreement Do Not Preclude Buyer's Claim for Fraudulent Concealment of Material Information
In an unpublished opinion, TransDigm Inc. v. Alcoa Global Fasteners, Inc., 2013 WL 2326881 (Del. Ch. May 29, 2013), the Delaware Court of Chancery has held that even if a buyer disclaims reliance on any representations and warranties outside of a stock purchase agreement, the buyer may nevertheless pursue claims that the seller fraudulently concealed material information.
How to Protect Your Property from A Prescriptive Easement
Santa Barbara County, with its many large parcels of real property is an area rife with potential prescriptive easement claims. A prescriptive easement is just like any other type of easement, except that the person who acquires it does so without the landowner's consent. The process to acquire a prescriptive easement is similar to, but different from, adverse possession.
Recent Federal Circuit Case Demonstrates How Outsourcing Prototypes and Fabrication Can Invalidate Patent Claims
A case decided on August 14, Hamilton Beach Brands, Inc. v. Sunbeam Products, Inc. (Fed. Cir. 2013), has held that patent claims may be invalidated when a patent applicant issues a purchase order to a foreign supplier to have products manufactured to the applicant's specifications and delivered back to the United States.
Making a Loan? Be Careful of Usury Laws
The lender on a usurious loan is subject to the following civil penalties: (1) forfeiture to the borrower of all interest on the loan, not just the usurious part; and (2) payment to the borrower of triple the amount of interest collected in the year before the borrower brings suit.
New Online Privacy Law Requires Additional Privacy Policy Disclosures
A new online privacy law requires operators of commercial web sites or online services that collect "personally identifiable information" (defined below) of California residents to disclose how they respond to "Do Not Track" signals.
New Employment Regulations in California for 2014
o no surprise, in 2014 numerous new regulations will be enacted in California. Here are a brief summary of a few of the new regulations which will impact employer-employee relations:
The End of Software Patents?
On December 6, the Supreme Court granted certiori to review CLS Bank Int'l v. Alice Corp. Pty. Ltd. to determine the patent eligibility of computer-implemented methods and systems.[1] The Court will address whether claims to computer-implemented inventions, which include claims to systems and machines, processes, and items of manufacture, are directed to patent-eligible subject
New Laws in 2014 Affecting California Real Estate Transactions
Effective July 1, 2014, the TDS has been revised to require disclosure of the seller's knowledge of certain construction defect claims for newly constructed homes (less than 10 years old). As amended, the TDS will inquire as to whether a seller is aware of any claims or lawsuits involving construction defects threatening to or affecting the real property,
Amendments to Delaware's Limited Liability Company Act
As reported earlier in Robert Forouzandeh's article New Limited Liability Company Law to Take Effect in 2014 the California Revised Uniform Limited Liability Company Act ("RULLCA") made substantial changes to California's limited liability company law and is now in effect.
Final Regulations Issued to Property Transferred in Connection With the Performance of Services Under Section 83 of the Internal Revenue Code
ection 83 of the Internal Revenue Code ("IRC") controls the tax treatment of restricted property, including restricted stock, some forms of stock options, and other types of deferred compensation, issued in connection with the performance of, or the refraining from performance of, services
Be Careful When Entering a Contract that Could be Litigated in Federal Court
Under California law interest on judgments secured in state court runs at the rate of 10% per annum. (Cal. Code of Civ. Proc. Section 685.010(a).) But what is the rate of interest when a judgment is secured in a diversity action in a federal court located in California?
Should Family Business Succession Plans Include The Family?
It seems that over the last few years, large successful family businesses have started developing programs to pull family members back into the business. Perhaps this was triggered by the recession and subsequent jobless recovery, and maybe this was going to happen anyway, but certainly is happening.
Dont Rely On IRS Taxpayer Guidance- It Isnt Binding
RS guidance isn't "binding precedent" or even sufficient "substantial authority" to get a taxpayer excused from penalties if he follows that guidance and the IRS's interpretation of the tax law turns out to be wrong. So said U.S. Tax Court Judge Joseph W. Negra on April 15th 2014.
Read Form Contracts in Real Estate Transactions Before Signing Them
The IRS Scandal Just Got More Interesting
Even as the Internal Revenue Service continues to evade questions regarding the way it handled applications for tax-exempt status from organizations with the "wrong" political view, on May 27, 2014, a federal judge for the District of Columbia has forced the agency to defend itself in court.
Nothing Is As Miserable As Family Business Litigation
Every business has its own unique culture, and family businesses are no different. What is different about many family businesses though, is the difficulty they have in holding employee/owner family members accountable for their roles in the business. With the lack of accountability comes a lack of consequences when family members fail to deliver for the team.
A 25% Increase in Employee Lawsuits Against Employers This Year
According to a new study from labor law practitioner Littler, nearly 50 percent of C-suite executives, HR professionals and in-house attorneys said that the stagnant economy is motivating disenchanted employees to bring more lawsuits or claims against their employers.
Reicker, Pfau, Pyle and McRoy Ranked A Top Law Firm In 2014 By Martindale-Hubbell
The annual compilation of the 2014 Top Ranked Law Firms in California is a result of Martindale-Hubbell lawyer and law firm database research. Martindale-Hubbell first identified law firms headquartered in the state with 10 or more attorneys.
Short Term Work Absences Can Be Counted Towards Accrued Leave for Exempt Employees
Questions typically arise as to how partial day absences from the workplace will affect annual leave hours for exempt employees. A recent decision from the California Fourth Appellate District Court, Rhea v. General Atomics, 2014 DJDAR 9469 has provided some clarification on this issue.
Ensure Your Assets Dont Go Into Probate- A Comprehensive Trust and Estate Review Offer
We are offering a comprehensive Trust and Estate Review for $500.00, conducted by a seasoned estate attorney in our Santa Barbara office. Our hope is that this consultation will result in recommendations for revisions or amendments that would ensure that your assets don't go into probate.
Health Savings Accounts- Another Way To Grow Retirement Money Tax Free
With all this talk about shutting down foreign tax havens and those "unpatriotic" corporate tax inversions, its nice to read something creative, practical and personally beneficial to all of us that are trying to build value and hang onto as much money as possible for our future retirement.
New Requirements for Sick Leave Policies in California
Starting July 1, 2015, many California employers will need to provide paid sick leave benefits to their employees. Governor Jerry Brown approved Assembly Bill No. 1522 on September 10, 2014, enacting the Healthy Workplaces,
Three Keys To Selecting Family Business Consultants
amily businesses are just not the same. Not only does a family business need to have all the functionality of a "normal" business, including attending to profits, taxes, operations, sales & marketing, human resources, benefits, etc.,
The Fundamental Differences Between LLC, C-Corp and S-Corp
Three fundamental legal business structures are typically used to form a business. One of the most common question asked by start-ups is, "which one is best for me?" Without getting into all the variations or too much legalese, here are the differences.
Do Not Fire Employees If You Suspect That They May Be a Whistleblower
Most employers understand that they cannot retaliate against an employee who has filed a report to a government agency regarding any of the employer's business practices. What most employers do not know is that California law prohibits an employer from retaliating against an employee who the employer simply believes has filed a complaint, even if that employee has not filed such a complaint or the complaint turns out to be false.
Reicker, Pfau, Pyle and McRoy is proud to announce that Robert B. Forouzandeh will become a partner in the firm
Reicker, Pfau, Pyle & McRoy is proud to announce that Robert B. Forouzandeh will become a partner in the firm as of January 2015. Robert will continue his practice in the areas of business, real estate and employment litigation and counseling clients
New California Law Makes Businesses Liable for Unpaid Wages to Employees of Outside Service Providers
January usually brings about a slew of additional draconian labor laws in California. January 2015 was no exception. As of January 1, 2015, California restaurants, bars, hotels and other businesses that bring in workers through other companies–such as outside valet parking, security, landscape maintenance and even temp agencies will be liable for the wages of the employees of the service providers
Reicker, Pfau, Pyle, and McRoy LLP is proud to congratulate their partner Robert B. Forouzandeh for being selected to the Pacific Coast Business Times Class of 2015 40 Under 40
Reicker, Pfau, Pyle, & McRoy LLP is proud to congratulate their partner Robert B. Forouzandeh for being selected to the Pacific Coast Business Times Class of 2015 "40 Under 40 ". Robert handles a variety of business/corporate, real estate and employment litigation matters and serves as outside general counsel for several local companies.
California Fair Pay Act and How it Will Impact Employers
The bill amends Section 1197.5 of the Labor Code in an attempt to ensure equal pay for men and women for "substantially similar work" not just the exact same job, unless the pay differences are based on productivity, merit and/or seniority.
Reicker Pfau Partner Robert Forouzandeh Represents Mesa Lane Partners in Joint Venture on the Inn At Mattei's Tavern
On December 18, 2015, Terroir Capital and Mesa Lane Partners announced the long anticipated commencement of the development of the Inn at Mattei's Tavern in Los Olivos, CA in Santa Barbara County's wine region.