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    <title type="text">Thakur Law Firm, APC</title>
    <subtitle type="text">Thakur Law Firm, APC</subtitle>

    <updated>2026-06-19T08:05:53Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Thakur Law Firm, APC</name>
				            </author>
            <title type="html"><![CDATA[How to preserve practice continuity during a partnership dispute]]></title>
            <link rel="alternate" type="text/html" href="https://www.thakurlawfirm.com/blog/2026/06/how-to-preserve-practice-continuity-during-a-partnership-dispute/" />
            <id>https://www.thakurlawfirm.com/?p=47152</id>
            <updated>2026-06-16T13:17:32Z</updated>
            <published>2026-06-16T13:17:32Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[For many healthcare providers in California, partnerships are a vital component of running a successful practice. However, when partners clash, the entire clinic’s daily operations can grind to a halt. If you are facing a partnership dispute, your patients’ treatment and recovery must remain your top priority. When addressing the issues, focusing on key details is vital to protecting your…]]></summary>
			                <content type="html" xml:base="https://www.thakurlawfirm.com/blog/2026/06/how-to-preserve-practice-continuity-during-a-partnership-dispute/"><![CDATA[For many healthcare providers in California, partnerships are a vital component of running a successful practice. However, when partners clash, the entire clinic’s daily operations can grind to a halt.

If you are facing a partnership dispute, your patients’ treatment and recovery must remain your top priority. When addressing the issues, focusing on key details is vital to protecting your practice’s value.
<h2>Stabilizing operations immediately</h2>
An escalating conflict can compromise patient data and freeze your cash flow overnight. To keep your practice running, it is often best to restrict access to sensitive information like <a href="https://www.cms.gov/priorities/key-initiatives/e-health/records" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Electronic Health record (EHR) systems</a> and patients’ bank accounts. You can also appoint an independent, temporary manager to handle daily decisions while you resolve the conflict.
<h2>Prioritizing compliance risks</h2>
Following local and federal laws helps your practice stay open and run smoothly. However, partnership disputes often trigger regulatory investigations if your partner does any of the following:
<ul>
 	<li aria-level="1">Bills patients for unprovided services</li>
 	<li aria-level="1">Denies job-protected leaves to staff members</li>
 	<li aria-level="1">Refers patients to seek treatment their services outside of the practice</li>
 	<li aria-level="1">Copies or deletes patient records without authorization</li>
</ul>
These acts go beyond clever business practice and already compromise patient confidentiality, break employment laws and qualify as fraudulent activity. Preserving records and communications with your partners can help show wrongdoing. It also helps reduce evidentiary challenges that can come up later.
<h2>Using structured resolution paths first</h2>
Litigation is a public record, and a legal battle can ruin a medical group's reputation. You and your business partner can try mediation to settle the dispute without going to court. A neutral third party can help you talk through the issues and reach an agreement.

In case you have an <a href="https://www.law.cornell.edu/wex/arbitration" target="_blank" rel="noopener noreferrer" data-wpel-link="external">arbitration clause</a> in your partnership agreement, it is best to follow the provision as required. You can reach a fair settlement faster and out of the public eye.
<h2>Planning exit options that minimize disruption</h2>
Sometimes, ending the partnership is the healthiest way to stop the conflict. However, your transition plan should still cover how the practice will run until the partnership ends.

If you are considering a buyout, review what can trigger it, how the value is calculated and any restrictive terms to reduce the risk of problems. You also need to make sure the final agreement includes mutual releases and a nondisparagement clause for all former partners.
<h2>Preparing for possible litigation</h2>
Despite your best intentions, some disputes cannot be resolved peacefully and may require you to <a href="https://www.thakurlawfirm.com/healthcare-law-and-litigation/" data-wpel-link="internal">go to court</a>. A lawyer that works closely with healthcare professionals can help ensure your litigation strategy aligns with your continuity goals for your practice.
<h2>Securing the future of your practice</h2>
If your practice has internal conflict, addressing the dispute early can support the long-term stability of your clinic. Your patients, staff and professional legacy deserve proactivity and protection.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Thakur Law Firm, APC</name>
				            </author>
            <title type="html"><![CDATA[How a law firm&#8217;s medical partnerships benefit practice owners]]></title>
            <link rel="alternate" type="text/html" href="https://www.thakurlawfirm.com/blog/2026/04/how-a-law-firms-medical-partnerships-benefit-practice-owners/" />
            <id>https://www.thakurlawfirm.com/?p=47127</id>
            <updated>2026-04-22T06:28:21Z</updated>
            <published>2026-04-22T06:28:21Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Running a medical practice in California brings legal risks that can arise at any time. When a dispute begins, your attorney’s knowledge of the healthcare field matters just as much as their skill in court. Industry ties might shape legal outcomes California’s laws for medical practices are detailed and change often. Practice owners must follow requirements from the state medical…]]></summary>
			                <content type="html" xml:base="https://www.thakurlawfirm.com/blog/2026/04/how-a-law-firms-medical-partnerships-benefit-practice-owners/"><![CDATA[Running a medical practice in California brings legal risks that can arise at any time. When a dispute begins, your attorney’s knowledge of the healthcare field matters just as much as their skill in court.
<h2>Industry ties might shape legal outcomes</h2>
California’s laws for medical practices are detailed and change often. Practice owners must follow requirements from the state medical board as <a href="https://www.cdc.gov/phlp/php/resources/health-insurance-portability-and-accountability-act-of-1996-hipaa.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">well as federal duties</a> under the Health Insurance Portability and Accountability Act. These rules form a web that can directly affect the trajectory of any legal matter.

An attorney who <a href="https://www.thakurlawfirm.com/healthcare-law-and-litigation/" target="_blank" rel="noopener" data-wpel-link="internal">maintains active relationships with medical associations</a> and healthcare professionals brings a practical understanding of how these regulations play out in real clinical settings. This kind of insight is difficult to develop through legal research alone and often comes from years of collaboration with industry stakeholders.
<h2>Medical partnerships can sharpen case strategy</h2>
Litigation that involves a medical practice rarely turns on legal principles alone. The facts often depend on clinical standards, billing choices or day-to-day decisions that require focused knowledge to understand and explain clearly.

An attorney with strong ties in the medical field can rely on those relationships to choose the right expert witnesses, assess the value of clinical proof and predict how the other side may present the case. These connections also help secure clear and credible testimony that shapes how a judge or jury views the strength of the claims.
<h2>Proactive insight may reduce risk of disputes</h2>
Many legal issues that affect practice owners in California can surface with the right perspective. Contract terms that appear routine, employment agreements that miss key compliance details or partnerships formed without clear governance might create gaps that later lead to costly disputes.

An attorney whose professional network includes healthcare administrators, physicians and industry consultants is more likely to notice these issues before they escalate. That exposure to day-to-day practice operations helps them recognize patterns that may not stand out to a general litigator.
<h2>Experienced counsel can bridge law and healthcare</h2>
Choosing an attorney for your medical practice can affect more than the outcome of one case. Legal counsel can become a steady resource over time and help you make sense of changing regulations while you work through complex compliance rules that shape your operations.

Success in court still matters, but it does not tell the whole story. What often carries equal weight is how well your attorney understands the setting in which you practice. Connections within the medical field can reflect a firm’s effort to build insight that goes beyond what case law alone can provide.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Thakur Law Firm, APC</name>
				            </author>
            <title type="html"><![CDATA[4 workplace policy updates your business needs in 2026]]></title>
            <link rel="alternate" type="text/html" href="https://www.thakurlawfirm.com/blog/2026/01/4-workplace-policy-updates-your-business-needs-in-2026/" />
            <id>https://www.thakurlawfirm.com/?p=47118</id>
            <updated>2026-01-28T13:20:28Z</updated>
            <published>2026-01-28T10:46:51Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If your employee handbook hasn’t been updated since 2024, it’s not a shield—it’s a target. California’s 2026 labor laws introduce real changes to how leave is earned, used and communicated. That means your policies can no longer simply “generally cover” time off or sick leave. They need to match what the law now requires. Here’s what to revise before something…]]></summary>
			                <content type="html" xml:base="https://www.thakurlawfirm.com/blog/2026/01/4-workplace-policy-updates-your-business-needs-in-2026/"><![CDATA[If your employee handbook hasn’t been updated since 2024, it’s not a shield—it’s a target. California’s 2026 labor laws introduce real changes to how leave is earned, used and communicated. That means your policies can no longer simply “generally cover” time off or sick leave. They need to match what the law now requires. Here’s what to revise before something slips through the cracks.
<h2>Start with the new sick leave requirements</h2>
As of 2026, you must offer at least 40 hours or five days of paid sick leave per year, and you need to clearly explain how that leave is tracked, accrued and carried over. If your handbook still references the old 24-hour minimum or uses unclear accrual methods, you’re taking on a compliance risk. You also need to show how sick leave is calculated for both part-time and full-time employees. If your language only applies to one type of worker, fix that now.
<h2>Add the expanded list of protected leave uses</h2>
You can no longer limit sick leave to just illness or caregiving. In 2026, California law allows employees to use paid sick time for jury duty, court appearances as victims or witnesses and certain legal proceedings tied to violent crimes.

If your handbook says employees can only use leave when “sick” or “caring for family,” that language puts you at risk. The law also protects workers from discipline or retaliation when they <a href="https://www.dir.ca.gov/DLSE/Publications/Paid_Sick_Days_Poster_Template_(11_2014).pdf" target="_blank" rel="noopener noreferrer" data-wpel-link="external">use leave for these reasons</a>, so make sure your policy spells that out, not just for the employee’s sake, but for yours if you ever need to enforce other attendance rules.
<h2>Include reproductive loss and bereavement leave</h2>
California now requires up to five days of protected leave for reproductive loss events and another five for bereavement. These aren’t optional, and they don’t overlap with other types of leave. You need to define what qualifies, when employees can take the time and how the leave works if the employee already used other PTO.

Reproductive loss can include miscarriage, failed surrogacy or a failed adoption. These are situations that often carry emotional weight but don’t always appear in older leave policies. If you haven’t updated your definitions since 2022 or earlier, you’ve fallen behind.
<h2>Add the new written notice requirement</h2>
California requires employers to give all employees a written notice about their paid sick leave rights, not just during onboarding, but every year. If your handbook doesn’t explain how this notice goes out or who handles it, add that language now. Most violations don’t happen because of bad intent; they happen when no one knows who owns the task. This small update can help you avoid a costly investigation down the line.
<h2>Update your handbook today</h2>
These changes have already taken effect or will hit within the year, which means you're either in step with California’s labor laws or behind. Updating your handbook isn’t just about checking a box; it’s how you set expectations, protect your team and <a href="https://www.thakurlawfirm.com/employment-law-and-litigation/" target="_blank" rel="noopener" data-wpel-link="internal">avoid conflict before it starts</a>. If even one of your leave policies feels out of sync with what the law now requires, this is the right moment to fix it, before someone else points it out for you.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Thakur Law Firm, APC</name>
				            </author>
            <title type="html"><![CDATA[Terminating a high-conflict employee without a lawsuit]]></title>
            <link rel="alternate" type="text/html" href="https://www.thakurlawfirm.com/blog/2026/01/terminating-a-high-conflict-employee-without-a-lawsuit/" />
            <id>https://www.thakurlawfirm.com/?p=47116</id>
            <updated>2026-01-27T15:45:32Z</updated>
            <published>2026-01-27T15:45:32Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many California employers believe they can fire anyone at any time because the state is an at-will employment state. That belief often leads to costly mistakes. When a high-conflict employee pushes back, claims discrimination or threatens a lawsuit, weak documentation can quickly become a serious problem. The good news is that with the right steps, you can reduce risk and…]]></summary>
			                <content type="html" xml:base="https://www.thakurlawfirm.com/blog/2026/01/terminating-a-high-conflict-employee-without-a-lawsuit/"><![CDATA[<span style="font-weight: 400;">Many California employers believe they can fire anyone at any time because the state is an at-will employment state. That belief often leads to costly mistakes. When a high-conflict employee pushes back, claims discrimination or threatens a lawsuit, weak documentation can quickly become a serious problem. The good news is that with the right steps, you can reduce risk and handle terminations in a fair, calm and professional way.</span>
<h2><span style="font-weight: 400;">Why at-will does not mean risk-free</span></h2>
<span style="font-weight: 400;">California is an at-will state, but that does not mean you can terminate someone for any reason without consequences. You cannot fire someone for illegal reasons such as discrimination, retaliation or whistleblowing. Even when your reason is legitimate, you still need proof.</span>

<span style="font-weight: 400;">Strong documentation is your best protection. Good records show that performance and behavior, not frustration or emotion, drove the decision. This is especially important with high-conflict employees who may file complaints or legal claims.</span>

<span style="font-weight: 400;">Here's a simple checklist to help you keep terminations clean:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Use clear job descriptions so expectations are easy to understand.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Give regular feedback, not just at annual reviews.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Document performance issues with dates, facts and examples.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Use written warnings when problems continue.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Apply rules consistently to all employees.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Keep all records organized in the personnel file.</span></li>
</ul>
<span style="font-weight: 400;">Consistency matters. Having clear records can protect you.</span>
<h2><span style="font-weight: 400;">Final pay, paperwork and severance basics</span></h2>
<span style="font-weight: 400;">California has very strict rules for final pay. If you fire an employee, you must provide all earned wages immediately at the time of termination. Under California Labor Code § 227.3, you must </span><a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=227.3.&amp;lawCode=LAB" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">include all unused vacation time</span></a><span style="font-weight: 400;">. California law treats vacation as earned wages and company policy cannot take it away.</span>

<span style="font-weight: 400;">Do not wait until the next payroll. If you are late, you may owe waiting time penalties. These penalties equal one full day of pay for every day the employee waits, for up to 30 days.</span>

<span style="font-weight: 400;">You must also provide the required notices. These include information about unemployment insurance and the "Notice to Employee as to Change in Relationship." Missing paperwork can lead to legal trouble.</span>

<span style="font-weight: 400;">Some employers offer a severance agreement in high-risk situations. This provides extra pay in exchange for the employee agreeing not to sue. These agreements must follow specific rules to be valid. They should be transparent, fair and never rushed.</span>

<span style="font-weight: 400;">A brief talk with an attorney before a difficult termination can help you </span><a href="https://www.thakurlawfirm.com/employment-law-and-litigation/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400;">find risks you might miss</span></a><span style="font-weight: 400;">. This simple step protects your business and ensures everyone is treated fairly.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Thakur Law Firm, APC</name>
				            </author>
            <title type="html"><![CDATA[Thakur Law Firm, APC Scores Appellate Victory In Decision Reaffirming And Explaining California’s Anti-Slapp Statute]]></title>
            <link rel="alternate" type="text/html" href="https://www.thakurlawfirm.com/blog/2025/12/thakur-law-firm-apc-scores-appellate-victory-in-decision-reaffirming-and-explaining-californias-anti-slapp-statute/" />
            <id>https://www.thakurlawfirm.com/?p=47105</id>
            <updated>2025-12-17T09:20:15Z</updated>
            <published>2025-12-17T09:20:15Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[On October 29, 2025, the Second Appellate District Court of Appeal affirmed the trial court’s ruling in favor of defendants to a malicious prosecution action, concluding that the trial court was correct to grant the defendants’ motion brought under Code of Civil Procedure § 425.16, which effectively dismissed the plaintiff’s lawsuit. This critical victory is noteworthy for multiple reasons, which…]]></summary>
			                <content type="html" xml:base="https://www.thakurlawfirm.com/blog/2025/12/thakur-law-firm-apc-scores-appellate-victory-in-decision-reaffirming-and-explaining-californias-anti-slapp-statute/"><![CDATA[<span style="font-weight: 400;">On October 29, 2025, the Second Appellate District Court of Appeal affirmed the trial court’s ruling in favor of defendants to a malicious prosecution action, concluding that the trial court was correct to grant the defendants’ motion brought under Code of Civil Procedure § 425.16, which effectively dismissed the plaintiff’s lawsuit. This critical victory is noteworthy for multiple reasons, which are described below.</span>

<span style="font-weight: 400;">Code of Civil Procedure § 425.16, commonly known as California’s “anti-SLAPP” statute, was enacted to prevent and deter lawsuits brought primarily to chill or punish the valid exercise of constitutional rights of petition and free speech, particularly in connection with matters of public interest. Among the types of activity protected by the statute is filing a petition in a court of law, with a narrow exception applying where the petition-related activity is conclusively established by the plaintiff (i.e., the party opposing the anti-SLAPP motion) to be illegal. Cases have largely required that to conclusively establish that the petition-related activity was illegal, the defendant must admit to the illegality. Assuming that the defendant shows that the activity complained of by the plaintiff is protected under the statute, then the plaintiff must demonstrate that the claim is legally sufficient to sustain a favorable judgment in order to defeat the motion.</span>

<span style="font-weight: 400;">In this particular case, two of the defendants had originally filed a lawsuit against the plaintiff and others, alleging federal civil rights violations. After some time, the defendants voluntarily withdrew their lawsuit. Concurrently, another defendant filed a temporary restraining order (TRO) against the plaintiff, which was initially granted but later denied at the hearing. Thereafter, the plaintiff sued the defendants, alleging malicious prosecution.</span>

<span style="font-weight: 400;"> The appellate court, agreeing with the trial court, concluded that the plaintiff, claiming that the defendants’ lawsuit and TRO were illegal because the allegations against him were false (according to him) and thus not protected by the anti-SLAPP statute, did not conclusively establish illegality because the plaintiff relied exclusively on his own self-serving declaration. The defendants did not admit to illegality and the plaintiff provided no further evidence of it. Moreover, the court held that the plaintiff failed to establish a prima facie case for malicious prosecution because he could not show sufficient facts that the defendants’ prior lawsuit and TRO were brought without probable cause—an essential element of a claim for malicious prosecution. Again, the court cited the plaintiff’s failure to provide evidence other than his own declaration.</span>

<span style="font-weight: 400;">This case is notable because not only does it reaffirm the different burdens of proof that apply under an anti-SLAPP motion, but it provides important insight into what an opposing plaintiff must show in order to conclusively establish that the defendant’s activity was not protected due to illegality, and what the plaintiff must allege and demonstrate in order for his or her malicious prosecution claim to survive legal scrutiny. Put succinctly, if the plaintiff wishes to defeat an anti-SLAPP motion, he or she must have substantial evidence of the malicious prosecution at the outset of the litigation rather than rely on the discovery process to bear out mere suspicions of wrongdoing. To the extent this seems like it requires a lot of a plaintiff, courts have long held that virtually every malicious prosecution claim could be subject to an anti-SLAPP motion. This case reaffirms this important precedent, as the anti-SLAPP statute was enacted to protect the right to petition and free speech.</span>

<span style="font-weight: 400;">If you have been named in a malicious prosecution or abuse of process lawsuit or believe that you are being targeted through legal processes as a result of your exercise of your right to petition or free speech, please do not hesitate to contact the experienced attorneys at Thakur Law Firm, APC, for a consultation about the applicability of California’s anti-SLAPP statute to your case.  </span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Thakur Law Firm, APC</name>
				            </author>
            <title type="html"><![CDATA[Common reasons to contest a trust or will in California]]></title>
            <link rel="alternate" type="text/html" href="https://www.thakurlawfirm.com/blog/2025/11/common-reasons-to-contest-a-trust-or-will-in-california/" />
            <id>https://www.thakurlawfirm.com/?p=47102</id>
            <updated>2025-11-07T10:19:22Z</updated>
            <published>2025-11-07T10:19:22Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Sometimes a trust or will does not reflect someone’s true intentions. You may need to act if legal red flags suggest the document is invalid. Who can contest and when You can contest a trust or will only if you are an interested party such as a beneficiary, heir or creditor with a claim. Once the court admits a will…]]></summary>
			                <content type="html" xml:base="https://www.thakurlawfirm.com/blog/2025/11/common-reasons-to-contest-a-trust-or-will-in-california/"><![CDATA[<span style="font-weight: 400;">Sometimes a trust or will does not reflect someone’s true intentions. You may need to act if legal red flags suggest the document is invalid.</span>
<h2><span style="font-weight: 400;">Who can contest and when</span></h2>
<span style="font-weight: 400;">You can contest a trust or will only if you are an interested party such as a beneficiary, heir or creditor with a claim. Once the court admits a will to probate, you have 120 days to file an objection. If you miss that deadline, the court may dismiss your challenge before a judge even reviews it.</span>
<h2><span style="font-weight: 400;">Fraud or undue influence</span></h2>
<span style="font-weight: 400;">Courts may set aside a document if someone manipulated, coerced or isolated the signer to change gifts. Forgery also supports a challenge when the signature or pages are not genuine.</span>
<h2><span style="font-weight: 400;">Capacity</span></h2>
<span style="font-weight: 400;">The law presumes adults are competent but evidence can prove otherwise. Under </span><a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&amp;sectionNum=6100.5.#:~:text=(a)%C2%A0An%20individual,not%20have%20done." target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">California Probate Code §6100.5</span></a><span style="font-weight: 400;">, a person must understand the act of creating the will or trust, know what property they own and recognize their relationship to the people named in the document. </span>

<span style="font-weight: 400;">If someone had dementia, delusions or another condition that affected judgment at the time of signing, the court can rule the will or trust invalid for lack of capacity.</span>
<h2><span style="font-weight: 400;">Violating execution rules</span></h2>
<span style="font-weight: 400;">California law requires a written document signed by the person making it and two witnesses who also sign. Witnesses should not be beneficiaries. If these rules weren’t followed, the court can declare the document invalid.</span>
<h2><span style="font-weight: 400;">Multiple documents</span></h2>
<span style="font-weight: 400;">A newer valid will or trust usually replaces an older one. Disputes often arise when multiple versions conflict or when signatures and dates don’t match.</span>
<h2><span style="font-weight: 400;">Situations that should prompt action</span></h2>
<span style="font-weight: 400;">Be attentive of any circumstances that may arise. You should look closer if any of these occur:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Sudden, sweeping changes:</b><span style="font-weight: 400;"> Late-life revisions that cut out long-standing heirs.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Isolation or control:</b><span style="font-weight: 400;"> A caregiver or acquaintance restricts access to family.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Execution problems:</b><span style="font-weight: 400;"> Missing witnesses or beneficiary-witness signatures.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Conflicting papers:</b><span style="font-weight: 400;"> Two versions with different terms or dates.</span></li>
</ul>
<span style="font-weight: 400;">These signs do not prove a case but they can justify filing and preserving your rights.</span>
<h2><span style="font-weight: 400;">Options you can exercise next</span></h2>
<span style="font-weight: 400;">Contesting a trust or will in California takes quick action and solid evidence. The facts, timing and documentation all affect whether your case can succeed. A California estate litigation attorney can review your situation, explain your rights and <a href="https://www.thakurlawfirm.com/estate-planning-and-trust-litigation/" target="_blank" rel="noopener" data-wpel-link="internal">guide you</a> toward the best strategy for your case.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Thakur Law Firm, APC</name>
				            </author>
            <title type="html"><![CDATA[How to Avoid Estate Planning Mistakes]]></title>
            <link rel="alternate" type="text/html" href="https://www.thakurlawfirm.com/blog/2025/10/how-to-avoid-estate-planning-mistakes/" />
            <id>https://www.thakurlawfirm.com/?p=47101</id>
            <updated>2025-10-27T10:59:49Z</updated>
            <published>2025-10-27T10:59:49Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Protect your legacy by learning the common pitfalls. Discover key estate planning mistakes to avoid with expert guidance from Thakur Law Firm. Common Mistakes to Avoid in Estate Planning At Thakur Law Firm, we’ve seen firsthand how a well-crafted estate plan provides peace of mind. However, we’ve also witnessed the turmoil that can result from a few common oversights. The goal…]]></summary>
			                <content type="html" xml:base="https://www.thakurlawfirm.com/blog/2025/10/how-to-avoid-estate-planning-mistakes/"><![CDATA[Protect your legacy by learning the common pitfalls. Discover key estate planning mistakes to avoid with expert guidance from Thakur Law Firm.

<strong><u>Common Mistakes to Avoid in Estate Planning</u></strong>

At <a href="/" data-wpel-link="internal">Thakur Law Firm</a>, we've seen firsthand how a well-crafted estate plan provides peace of mind. However, we've also witnessed the turmoil that can result from a few common oversights. The goal is to secure your legacy and protect your loved ones, but certain missteps can unfortunately undermine even the best intentions. See below:

<strong><u>Waiting Too Long to Start</u></strong>

The single most frequent mistake is simple procrastination. Many people believe they have plenty of time, but life is unpredictable. Waiting until it's too late can leave your family facing a complicated and stressful probate process. Starting early ensures your wishes are documented and legally sound, no matter what the future holds.

<strong><u>Failing to Update Your Plan</u></strong>

A hand carefully updating a legal document to reflect new life circumstances.

Your estate plan is not a "set it and forget it" document. Major life events—such as marriage, divorce, the birth of a child, or significant financial changes—necessitate a review and update. An outdated plan can lead to unintended consequences, like assets going to the wrong person or an ex-spouse remaining a beneficiary.

<strong><u>Choosing the Wrong Executor or Trustee</u></strong>

The person you appoint to manage your estate must be trustworthy, organized, and capable of handling complex financial and legal duties. Choosing someone out of obligation or without considering their ability to perform can create conflict and delays. It's crucial to select an individual or professional entity who can execute your wishes impartially and efficiently.

<strong><u>Relying on DIY or Generic Forms</u></strong>

While online templates may seem cost-effective, they often fail to account for specific state laws and your unique family dynamics. These one-size-fits-all solutions are one of the most critical <strong>estate planning mistakes</strong>, as they can contain vague language or legal errors that render them invalid, completely defeating the purpose of creating a plan.

Avoiding these common <strong>estate planning mistakes</strong> is the key to ensuring your legacy is preserved exactly as you envision. Proper, professional guidance makes all the difference.

For more information or assistance, contact Thakur Law Firm, APC, at <a href="mailto:intake@thakurlawfirm.com">intake@thakurlawfirm.com</a> or <a href="&quot;tel:+1-714-772-7400" data-wpel-link="internal">(714) 772-7400</a> to learn how we can help you build an estate plan that protects you and your loved ones.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Thakur Law Firm, APC</name>
				            </author>
            <title type="html"><![CDATA[3 potential causes of business partnership disputes in California]]></title>
            <link rel="alternate" type="text/html" href="https://www.thakurlawfirm.com/blog/2025/10/3-potential-causes-of-business-partnership-disputes-in-california/" />
            <id>https://www.thakurlawfirm.com/?p=47096</id>
            <updated>2025-10-03T20:05:51Z</updated>
            <published>2025-10-03T20:05:51Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Business partnerships flourish when individuals combine their skills and resources to create stronger companies. Two or three people managing a business instead of one can share the workload and bring diverse perspectives to a workplace. But while there are benefits to a business partnership, it’s hard not to see potential conflicts arising over time. It’s not all smooth sailing when…]]></summary>
			                <content type="html" xml:base="https://www.thakurlawfirm.com/blog/2025/10/3-potential-causes-of-business-partnership-disputes-in-california/"><![CDATA[Business partnerships flourish when individuals combine their skills and resources to create stronger companies. Two or three people managing a business instead of one can share the workload and bring diverse perspectives to a workplace.

But while there are benefits to a business partnership, it's hard not to see potential conflicts arising over time. It's not all smooth sailing when personalities and priorities clash.

People who manage a business can potentially have different visions for its future, leading to serious disputes.
<h2><span style="font-weight: 400;">Breach of fiduciary duty </span></h2>
<span style="font-weight: 400;">When trust breaks down in a partnership, the consequences can be severe. Partners <a href="https://www.investopedia.com/ask/answers/042915/what-are-some-examples-fiduciary-duty.asp" target="_blank" rel="noopener noreferrer" data-wpel-link="external">must put the business first</a>, above personal gain. When one partner takes business opportunities for themselves, misuses company funds or makes major decisions without consulting others, they've broken this trust.</span>

<span style="font-weight: 400;">California law expects partners to act with loyalty and care. These breaches often happen gradually – a partner might start by making small decisions alone, then progress to larger actions that harm the business relationship.</span>

<span style="font-weight: 400;">When that happens, partners will need to evaluate whether the relationship can be repaired or if legal intervention becomes necessary to protect the business and its assets.</span>
<h2><span style="font-weight: 400;">Disputes over profit distribution </span></h2>
Money matters often create the deepest divisions between partners. Money issues frequently cause partnership conflicts in California businesses. Even successful companies face disagreements about how to split profits, especially when the partnership agreement lacks clear terms. These disputes typically arise when partners contribute different amounts of time, capital or clients. What seemed fair at the beginning might feel unbalanced as the business evolves.

Without regular financial discussions, resentment builds quickly, partners begin to question each other's commitment, and the foundation of trust that supports the business starts to crumble.
<h2><span style="font-weight: 400;">Breakdown of communication </span></h2>
Perhaps the most fundamental issue in partnership disputes is simply not talking enough. When partners stop talking openly, problems multiply fast. Many partnerships fail because assumptions replace conversations.

For example, one partner might assume the other approves of a new marketing strategy simply because they didn't explicitly object, or a partner might avoid discussing declining sales figures, hoping things will improve before anyone notices. These unspoken issues eventually surface in harmful ways.

You'll notice communication breaking down when:
<ul>
 	<li>Meetings become increasingly tense</li>
 	<li>Emails go unanswered for days</li>
 	<li>Important decisions happen without input from everyone</li>
 	<li>Conversations about finances are avoided</li>
 	<li>Partners begin working in isolation</li>
</ul>
This pattern creates distance between partners who once worked closely together. Restoring communication often requires outside help, as partners struggle to address issues directly once trust erodes.
<h2>Communication goes a long way</h2>
Addressing partnership issues early prevents small disagreements from becoming major conflicts. Start by scheduling regular check-ins where all partners can voice concerns in a structured, judgment-free environment. Put important decisions and agreements in writing, even among friends, to avoid misunderstandings later.

Creating clear processes for financial reporting and decision-making gives everyone confidence in how the business operates. When tensions rise despite these efforts, consider bringing in a neutral business mediator who can handle partnership dynamics. If conflicts persist or involve <a href="/business-transactions-and-litigation/" target="_blank" rel="noopener" data-wpel-link="internal">serious breaches of duty</a>, consider consulting with an attorney who focuses on business partnerships. They can help protect your interests and the company you've worked hard to build.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Thakur Law Firm, APC</name>
				            </author>
            <title type="html"><![CDATA[3 things influencers need to know about social media law in California 2025]]></title>
            <link rel="alternate" type="text/html" href="https://www.thakurlawfirm.com/blog/2025/09/3-things-influencers-need-to-know-about-social-media-law-in-california-2025/" />
            <id>https://www.thakurlawfirm.com/?p=47093</id>
            <updated>2025-09-30T19:06:14Z</updated>
            <published>2025-09-30T19:04:26Z</published>
					<taxo:topics><![CDATA[Social Media]]></taxo:topics>
            <summary type="html"><![CDATA[Successful influencers know that the digital world is always evolving. Influencers who last also stay current on the laws that govern social media as they too evolve. This post explores the top three legal issues that influencers should be aware of in California: child influencer laws, the rise in consumer class-action lawsuits, and heightened FTC scrutiny. #1: Child influencer laws…]]></summary>
			                <content type="html" xml:base="https://www.thakurlawfirm.com/blog/2025/09/3-things-influencers-need-to-know-about-social-media-law-in-california-2025/"><![CDATA[Successful<span style="font-weight: 400;"> influencers know that the digital world is always evolving. Influencers who last also stay current on the laws that govern social media as they too evolve. This post explores the top three legal issues that influencers should be aware of in California: child influencer laws, the rise in consumer class-action lawsuits, and heightened FTC scrutiny.</span>
<h2><span style="font-weight: 400;">#1: Child influencer laws in California</span></h2>
<span style="font-weight: 400;">California has introduced new laws to protect child content creators, or "kidfluencers." These laws expand upon the state's Coogan Law, which was originally designed to safeguard the earnings of child actors. Notable changes include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Trust account requirements: </b><span style="font-weight: 400;">Parents featuring their minor child in a significant portion of monetized content must set aside a portion of the child's earnings in a trust account.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Coogan Law expansion: </b><span style="font-weight: 400;">For minors in contracted roles, 15% of earnings must be paid directly into a verified Coogan trust account by employers. Governor Gavin Newsom </span><a href="https://www.gov.ca.gov/2024/09/26/governor-newsom-joins-demi-lovato-to-sign-legislation-to-protect-the-financial-security-of-child-influencers/" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">recently expanded this law</span></a><span style="font-weight: 400;"> to include roles on online platforms like YouTube.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>"Rights Act" for non-contracted children:</b><span style="font-weight: 400;"> Creators featuring their children in 30% or more of monetized content without a formal contract must deposit 65% of gross earnings into a trust fund.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Record-keeping:</b><span style="font-weight: 400;"> The law requires parents to maintain detailed records of the child's content appearances and earnings.</span></li>
</ul>
<span style="font-weight: 400;">These measures align with the state’s broader goals of child labor laws.</span>
<h2><span style="font-weight: 400;">#2: Surge in consumer class-action lawsuits</span></h2>
<span style="font-weight: 400;">In 2025, there is a notable increase in consumer class-action lawsuits targeting influencers and brands. These lawsuits present a new legal risk beyond traditional government regulation. Consumers file these lawsuits against influencers and companies for deceptive marketing practices, seeking substantial damages. Allegations often involve violations of FTC Endorsement Guides and California's consumer protection statutes. Influencers, agencies, and brands share responsibility for compliance and plaintiffs can hold both parties jointly liable for infractions.</span>

<span style="font-weight: 400;">This trend underscores the importance of adhering to advertising guidelines and maintaining transparency in influencer marketing.</span>
<h2><span style="font-weight: 400;">#3: Heightened FTC scrutiny of disclosures and practices</span></h2>
<span style="font-weight: 400;">The FTC continues to push for transparency in influencer marketing, with updated guidelines that place </span><a href="https://www.ftc.gov/node/60343" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">greater responsibility on influencers</span></a><span style="font-weight: 400;"> and brands.</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>"Clear and conspicuous" disclosure: </b><span style="font-weight: 400;">Disclosures of material connections must be upfront and not hidden in hashtags or descriptions, including both audio and visual disclaimers for videos.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Honesty and evidence:</b><span style="font-weight: 400;"> Influencers must provide truthful endorsements and avoid misleading claims, with comparative claims backed by proven data.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Fake reviews and review manipulation:</b><span style="font-weight: 400;"> Practices like soliciting reviews only from satisfied customers or incentivizing the removal of negative reviews are likely deceptive and in violation of the FTC Act.</span></li>
</ul>
<span style="font-weight: 400;">It is wise for influencers to stay informed as the legal environment in California continues to evolve. By understanding these new laws and guidelines, influencers can </span><a href="https://www.thakurlawfirm.com/social-media-law/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400;">protect themselves from legal risks</span></a><span style="font-weight: 400;"> and maintain the trust of their audience.</span>

<b>Disclaimer:</b> <i><span style="font-weight: 400;">The legal issues surrounding social media are evolving. It is recommended that influencers consult with a legal professional to ensure full compliance with California and FTC regulations.</span></i>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Thakur Law Firm, APC</name>
				            </author>
            <title type="html"><![CDATA[Setting Up Your Business Entity: The Attorney Advantage]]></title>
            <link rel="alternate" type="text/html" href="https://www.thakurlawfirm.com/blog/2025/09/setting-up-your-business-entity-the-attorney-advantage/" />
            <id>https://www.thakurlawfirm.com/?p=47092</id>
            <updated>2025-09-05T07:11:54Z</updated>
            <published>2025-09-10T07:01:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Starting a business involves numerous critical decisions that will impact your company’s future success, legal protection, and tax obligations. While it may be tempting to handle business formation yourself using online services, working with an experienced business attorney provides invaluable benefits that can save you time, money, and potential legal headaches down the road. Why Work with an Attorney for…]]></summary>
			                <content type="html" xml:base="https://www.thakurlawfirm.com/blog/2025/09/setting-up-your-business-entity-the-attorney-advantage/"><![CDATA[Starting a business involves numerous critical decisions that will impact your company's future success, legal protection, and tax obligations. While it may be tempting to handle business formation yourself using online services, working with an experienced business attorney provides invaluable benefits that can save you time, money, and potential legal headaches down the road.

<h2>Why Work with an Attorney for Business Formation?</h2>
<h3>Ensuring State Compliance</h3>
Each state has specific requirements for business formation, and these regulations change frequently. An attorney stays current with your state's Secretary of State requirements, ensuring your business is properly registered and maintains good standing. They understand the nuances of local laws and can navigate complex filing requirements that vary significantly between states.

<h3>Professional Guidance on Entity Selection</h3>
Choosing between an LLC, corporation, or other business structure isn't a one-size-fits-all decision. An attorney will analyze your specific situation, including your industry, growth plans, tax preferences, and liability concerns, to recommend the most suitable entity type. This personalized approach can result in significant long-term savings and protection.

<h2>Key Documents and Requirements</h2>
<h3>Articles of Incorporation and Operating Documents</h3>
Your attorney will draft and file proper formation documents with the Secretary of State, including Articles of Incorporation for corporations or Articles of Organization for LLCs. They'll also prepare essential operating documents such as corporate bylaws, shareholder agreements, or LLC operating agreements that establish governance structures, ownership rights, and operational procedures.

<h3>EIN and Banking Setup</h3>
An Employer Identification Number (EIN) from the IRS is required for most business entities and is essential for opening business bank accounts. Your attorney can handle the EIN application process and ensure you have all necessary documentation for banking relationships, helping establish proper financial separation between personal and business assets.

<h2>Choosing the Right Entity Structure</h2>
<h3>LLC vs. Corporation</h3>
Limited Liability Companies (LLCs) offer operational flexibility and pass-through taxation, making them ideal for smaller businesses and partnerships. Corporations provide more structured governance and potential tax advantages for businesses planning to raise capital or go public. Your attorney will evaluate factors like ownership structure, investment plans, and exit strategies to determine which option best serves your goals.

<h3>Professional Entities</h3>
Certain professions require specific entity types due to licensing regulations and professional liability considerations. Medical doctors, accountants, attorneys, and other licensed professionals often need Professional Corporations (PC) or Professional Limited Liability Companies (PLLC). These structures maintain professional licensing requirements while providing business liability protection.

<h3>Fictitious Business Names and Branding Protection</h3>
If your business will operate under a name different from your legal entity name, you'll need to register a "Doing Business As" (DBA) or fictitious business name. An attorney can conduct proper name searches, file necessary registrations, and advise on trademark protection strategies to safeguard your brand identity.

<h2>Additional Legal Requirements for Success</h2>
<h3>Licensing and Permits</h3>
Different industries require various licenses and permits at federal, state, and local levels. Your attorney can identify required licenses for your specific business type and help ensure timely applications and renewals.

<h3>Contract Templates and Legal Frameworks</h3>
Establishing proper legal frameworks from the start includes creating contract templates, terms of service, privacy policies, and employment agreements tailored to your business needs. This foundation prevents costly disputes and provides clear operational guidelines.

<h3>Ongoing Compliance Support</h3>
Business formation is just the beginning. Annual reports, registered agent services, and maintaining corporate formalities are ongoing requirements. Many attorneys provide continued support to ensure your business remains compliant and protected.

<h2>The Investment in Professional Guidance</h2>
While attorney fees represent an upfront investment, the cost is typically far less than the potential expenses of correcting formation mistakes, restructuring improperly formed entities, or facing liability issues due to inadequate protection. Professional legal guidance during formation establishes a solid foundation that supports your business's growth and success.

Working with an experienced attorney ensures your company starts on solid legal ground, with proper documentation, compliance procedures, and strategic entity selection that aligns with your long-term business objectives. This professional partnership provides peace of mind and positions your business for sustainable success in an increasingly complex regulatory environment.]]></content>
						        </entry>
	</feed>