Sinsheimer Juhnke McIvor & Stroh, LLP, is pleased to announce that associate Kevin D. Elder became a partner in the firm effective January 1, 2018.
Herbert A. Stroh to speak at San Luis Obispo County Bar Association on April 20, 2017 at noon at Madonna Inn, San Luis Obispo, CA
Should Your Client Sign That? Helping You Survive Your Clients’ Changing Capacity:
Attorneys are routinely faced with the issue of representing clients with diminished capacity. This program will examine the legal standards of capacity, ethical issues of representing clients with diminished capacity, evaluation of clients with impairment, and ways to protect a client’s valid decision from competency challenges.
Warren A. Sinsheimer has been selected by his peers to be included in the 23rd edition of the Best Lawyers in America© in the practice area of Trusts and Estates
“Should Your Client Sign That? Helping You Survive Your Clients’ Changing Capacity”. Attorneys are routinely faced with the issue of representing clients with diminished capacity. This program will examine the legal standards of capacity, ethical issues of representing clients with diminished capacity, evaluation of clients with impairment, and ways to protect a client’s valid decisions from competency challenges. The presentation will take place on September 30th, from 8:30-10am in San Diego.
As of 6/20/16, our office will be located at 656 Santa Rosa St, Suite 2A.
Sinsheimer Juhnke McIvor & Stroh, LLP partner Herb Stroh has begun his term as President of the San Luis Obispo County Bar Association. Among his goals for the coming year are an assessment of the technology needs of the Association and visioning the future of the local legal community in the next decade. The local bar association serves 400 members, with 8 sections ranging from real property to young lawyers, through its mission to educate, foster the highest professional standards of its members, and advance the fair and effective administration of justice.
Stroh adds the bar presidency to his list of service to the local, state and national legal community. He is also a fellow of the American College of Trust and Estate Counsel and serves on the Executive Committee of the Trusts and Estates Section of the State Bar of California. Also active in supporting our local community, Mr. Stroh is Vice President of the Carrizo Plains Conservancy, a member of the Land Committee of The Land Conservancy of San Luis Obispo, and Foundation Chair of the Rotary of Cambria Sunrise Centennial.
Death or disability of a solo attorney can be devastating to both family and practice. SJMS Partner Herb Stroh will examine the unique planning needs of the solo attorney, addressing preservation of practice value, protection of clients, managing files and original documents, and reducing the administrative burden on the practitioner’s family. The presentation will be on April 1, 2015, at noon to the monthly meeting of the Women Lawyers Association of San Luis Obispo.
SJMS Attorney Kevin Elder is part of an expert panel of real estate legal practitioners presenting at the upcoming CEB Real Estate Law Year in Review seminar. The seminar is scheduled for January 17th in San Luis Obispo. The panel will discuss and summarize significant changes in the law during 2014, analyze the impact on real property practice, and identify important trends. Attending the seminar is an excellent way to keep up on recent developments in real estate related law.
The California State Board of Equalization announced this month that San Bernardino has expanded the base year value transfer provisions. Now ten counties in California have reciprocity for intercounty base year value transfers.
To learn more about this, please see an article published by Tax Analysts this year. Here is an excerpt from the article:
“In 1986 voters approved Proposition 60, which allowed for tax relief if homeowners who were 55 years or older or permanently disabled sold their residence and purchased a new residence within the same county. Proposition 90 [. . .] expanded Proposition 60, allowing tax relief for residents from different counties to transfer their base year value to the new county [. . . subject to an enabling ordinance by a county’s board of supervisors].”
1. Develop a Strong Management Team. A strong management team for the Company is attractive to a buyer, especially if the Company’s owner(s) do not want to continue to manage the business following the sale. Consider incentives (such as offering stock options) to attract and retain key management through time of sale and beyond.
2. Update Company Minute Book. Confirm that minutes reflecting actions/meetings of the Company’s owners, board of directors, officers and managers are current. Confirm that complete copies of the Company’s articles, bylaws, partnership agreement, operating agreement, as applicable, and all amendments are included.
3. Contract/Permit Review. Confirm all material contracts in the name of the Company, have been signed by applicable parties, and have not expired. Confirm that all governmental permits and licenses are issued in the name of the Company and have not expired. Identify which contracts, permits, leases, and licenses will need the approval of the other party to transfer to the buyer.
4. Intellectual Property Review. Confirm all patents and trademarks that are intended to be owned by the Company are actually registered in the name of the Company rather than an individual owner, employee, or other person. Consider registration of trademarks used by your Company.
5. Document Affiliated Transactions. Document material transactions between the Company and its owners, directors, and employees (i.e. loans, leases, licenses, etc.).
6. Non-Disclosure Agreements. Make sure employees of the Company who have access to confidential and proprietary information of the Company are subject to a strong confidentiality/non-disclosure agreement to protect the Company’s trade secrets.
7. Develop a List of Possible Candidates to Acquire the Company. Research and identify possible purchasers for the Company. List could include competitors, companies with complementary line of business, private equity groups, key management of the Company, or family.
8. Engagement and Coordination of Professional Advisors. Make your sure lawyer, accountant, business broker/investment banker (if any), and other applicable professional advisors are working together to address transaction matters (i.e. structure of sale transaction, tax effects, legal effects, document review, etc.).
9. Confidentiality Agreement. Make sure each prospective buyer to whom Company information will be provided signs a confidentiality agreement before providing such information.