Fall 2018 Article
That US immigration has become more complex and obtaining or renewing US visas has also become more difficult over the past couple of years is no secret.
Summer 2018 Article
In the event you decide to form a U.S. corporation, the equivalent of an Italian società per azioni, it is important to understand: 1) who are the key persons for a correct management of the corporation, and 2) what are their powers and duties. Please note that the purpose of this article is to give the reader a general overview of the organizational structure of a U.S. corporation and does not take into account the provisions of each state.
Spring 2018 Article
The agency theory of liability in the employment context takes on new meaning with the induction of California Senate Bill 588 (the “Bill”), known colloquially as California’s “Fair Days Pay Act”. As a result of the Bill, the corporate form no longer provides immunity from personal liability for individuals who (through their companies) commit wage and hour violations. While the Bill went into effect on January 1, 2016, the implications are still yet to be fully determined.
Winter 2017 Article
In August 2018 important changes will come into effect in California with respect to the so-called “Proposition 65”, i.e. the California Safe Drinking Water and Toxic Enforcement Act of 1986 (the “Act”)[1]. The Act, among other things, prohibits businesses from exposing individuals to carcinogens and reproductive toxins without first giving them clear and reasonable warning of such toxic hazards.
Fall 2017 Article
Employers often do not know that they must secure workers’ compensation insurance if they plan to hire employees in the United States. Workers' compensation is a mandatory type of business insurance that provides employees, who become injured or ill on the course of their employment, with medical coverage and income replacement. It also protects employers from being sued by employees for the workplace conditions that caused such an injury or illness.
Summer 2017 Article
Many foreign nationals holding permanent residence status in the United States (Green Card) believe - mistakenly - that their status is comparable to that of American citizens because they can reside indefinitely in the US, work for any employer, and return to the United States automatically every time they travel overseas. Therefore, while meeting the requirements, they do not worry about applying for US citizenship.
Spring 2017 Article
Most are aware that communications between an individual and his attorney are “privileged”, but few know when and to what the privilege applies, or how it can be lost. Given how important the privilege is, and how damaging the implications of its loss can be, a client with only a little knowledge of attorney client privilege can be a dangerous thing.
Winter 2016 Article
Non-compete agreements have the purpose of delaying the employment of an employee in a competing business. Situations in which a business may wish to use non-compete agreements with its employees are various: The immediate aim is that of preventing competitors to have access at low cost to human resources which have been developed at considerable cost. A secondary aim is that of avoiding the disclosure of trade secrets to competitors, where a simple confidentiality agreement may be less effective. A non-compete agreement could also reduce the turnover, limiting employees’ ability to find employment with businesses with which it could leverage its expertise.
Fall 2016 Article
A trademark or a service mark is a word, logo, or slogan that identifies and distinguishes the source of the goods or the services, respectively, of one party from those of another. Companies, either foreign or U.S. entities, should consider registering their trademark in the United States. Why? Here are a few reasons:
Summer 2016 Article
Becoming a permanent resident allows foreign nationals to live and work in the United States of America indefinitely, and it is the first step to US citizenship. One of the paths to permanent residence is the immigrant investor visa, which was established in 1990 with the purpose of creating jobs and bringing foreign capital into the United States for large investment projects. This visa is also referred to as EB-5 because it is the fifth employment preference immigrant visa category[1]. The EB-5 visa classification for foreign investors is allotted 10,000 visas per year, and it is based on the following requirements:
Spring 2016 Article
When a party is entering into a contract with a customer, partner or employee, it should give consideration to what will happen if a dispute occurs between the parties. Given the potentially high cost of litigation, parties may want to consider deciding in advance to commit themselves to resolve any dispute through means other than litigation. One option that should be considered when drafting any contract is whether to include an agreement between the parties to submit any dispute to arbitration.
Winter 2015 Article
When confronted with the choice between a corporation and a limited liability company, clients are sometimes inclined to choose a limited liability company (or LLC). Limited liability companies are perceived as an appropriate business vehicle for smaller ventures and to manage real estate investments in a very informal and flexible manner. Limited liability companies are often compared with S.r.l.’s in Italy or GmbH’s in Germany, which require a smaller capitalization and are thus perceived as less costly. The comparison, however, is not always appropriate, especially because LLC laws in the United States are largely based on the law of partnerships. A limited liability company is first of all a contract among members, rather than a rigid statutory creation with specific structures and provisions created by law. If this allows more flexibility, it also leaves the door open to uncertainties and ambiguities.
Fall 2015 Article
Employers should be very careful when classifying a new hire as an employee or independent contractor to make sure they comply with applicable federal and state tax laws. Misclassification of an individual as an independent contractor may have a number of costly legal and tax consequences.
Summer 2015 Article
It is common knowledge that in order to work lawfully in the United States, a foreign national is first required to obtain a valid work visa. However, not many people know that accompanying foreign spouses holding a derivative visa need to take an additional step before they may seek employment in the United States, even when their visa status allows in principle to work.
Spring 2015 Article
Consider the following situation. A European company sells $30,000 worth of goods or services to a company in California pursuant to a purchase order prepared by the European company. After making a few payments, the Californian company stops making payments leaving the European company with an unpaid $20,000 balance.
Winter 2014 Article
It has come to our attention that over the past months, several out-of-state manufacturers of a variety of products have received notices advising that their products are in violation of California Proposition 65.
Fall 2014 Article
Our foreign clients feel the need to incorporate a subsidiary in this country for various reasons. First, incorporating a subsidiary in the United States often gives more credibility in dealing with customers, allows better assistance to customers, avoids the additional cost of a distributor and allows to acquire a more direct and in-depth knowledge of the market.
Summer 2014 Article
I return to the subject of the export of food products from Italy to the United States. For those of you who missed my previous newsletter, you may find it by following this link: http://vallalaw.com/newsletters/newsletter-fall-2011.php.
Spring 2014 Article
No one enters into an agreement with the expectation of a lawsuit, but inevitably some agreements will result in lawsuits. Therefore, even if it never becomes necessary, a party to any contract, and particularly an international commercial contract, should consider the potential for litigation while negotiating its contract with any counterparty.
Winter 2013 Article
Venture capital financing (VC) has been one of the main engines of the United States economy, and has substantially contributed to bringing the American economy to the current levels. The majority of companies that have achieved visibility and success over the past 20 years, especially in innovative fields, have obtained venture capital financing.
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Valla & Associates, Inc., P.C.
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