Insights & Analysis
Should My Business Use Arbitration Clauses?
Arbitration clauses can help businesses avoid costly public lawsuits, but they aren’t always the cheapest or fairest option. Learn when arbitration provisions make sense, where they are commonly used, and how to draft enforceable agreements that protect your company.
Apricity Law Welcomes Associate Attorney Emily Kershenbaum to Its Growing Practice
Apricity Law is pleased to welcome Emily Kershenbaum as an Associate Attorney. Based in Truckee, Emily focuses on transactional real estate and business matters.
Recent Amendments to California Civil Code Section 1950.5: What Landlords and Tenants Need to Know
California’s Civil Code § 1950.5 has been overhauled. Starting July 2024, most landlords cannot charge more than one month’s rent as a security deposit. New requirements for inspections, documentation, and photographs will continue phasing in through 2025—strengthening protections for tenants and increasing compliance obligations for landlords.
What Is the Difference between a Trust and an LLC?
Trusts and limited liability companies (LLCs) are two of the most powerful tools available for protecting assets, minimizing taxes, and avoiding probate. While many people view them as alternatives, the truth is you don’t necessarily have to choose one over the other—an LLC can actually be placed inside a trust for additional protection. Trusts allow you to transfer assets such as money, real estate, business interests, or even digital assets into a legal structure managed by a trustee, ensuring a smooth transfer to beneficiaries and potential estate tax savings. LLCs, on the other hand, provide liability protection for business and personal assets while avoiding double taxation. Each has unique benefits, costs, and limitations. For many, the best strategy is to use both together. Understanding how these entities work—and how they complement each other—can help you build a more effective estate plan.
How to Protect Your Personal Assets as a Business Owner
As a small business owner, the line between personal and professional life often blurs—but without an asset protection plan, everything you’ve built could be at risk. From choosing the right business entity and maintaining corporate formalities to securing insurance and leveraging trusts, there are practical steps to safeguard your personal wealth against lawsuits and creditors. Our attorneys at Apricity Law can help you implement a tailored protection strategy that preserves both your business and personal assets.
What to Include In Your Service Agreement
Small businesses often outsource noncore functions—like accounting, IT, marketing, HR, and customer service—to cut costs and access expertise without hiring in-house staff. But outsourcing is only as effective as the service agreements behind it. Strong contracts set expectations, define responsibilities, and cover key terms such as performance metrics, payment, confidentiality, indemnification, and dispute resolution. Standard contracts usually favor providers, so small business owners should work with legal counsel to tailor agreements for fairness and accountability. At Apricity Law, we help businesses draft, negotiate, and enforce contracts that align with goals and reduce risk.
How to Remove a Member of an LLC
As businesses grow and change, it may become necessary to remove a member from a limited liability company (LLC). While voluntary withdrawals are typically straightforward, involuntary removals can be more complex and contentious. The process depends on the LLC’s operating agreement and applicable state law, which may require a member vote, a negotiated buyout, or even court intervention. Understanding these procedures is critical to ensuring a smooth transition and protecting the company’s future.
Administering an Estate: What Families Should Know
Administering an estate after the death of a loved one involves more than distributing property. From navigating probate or trust administration to handling debts, taxes, and beneficiary disputes, the process requires precision and legal compliance. This article outlines what families should know about estate administration in California and why professional guidance can make the process smoother.