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I am very pleased to announce that King Law Firm Attorneys at Law, Inc. and I are both recipients of a Gold Stevie® Award from the American Business Awards®. My firm received the top honor in the Small Legal Company of the Year category while I won for Legal Entrepreneur of the Year. Getting to compete with so many wonderful businesses is a great honor, but to win the top prize among the millions of lawyers and thousands of law firms across the nation is both humbling and a total shock. It is truly a tribute to our wonderful clients, our incredible community and of course the best staff around! The American Business Awards® are nicknamed the Stevies® for the Greek word, “Crowned.” They have several different competitions and receive over 12,000 entries every year. Not only that, but over 200 leading entrepreneurs, executives and innovators participate as judges every year. Here is what a couple of the judges had to say: “King Law Firm accomplished so much in just one year. The collaborative approach is vital and the new focus on Immigration law makes so much sense. What really stands out is commitment to the community and helping others... while also doubling revenue.” “I believe that Rachel has shown true leadership and what it means to truly open a business. She served this country very honorably helps out a lot of the surrounding community with her talents and services. She only started her company with $1,800, which is what the true American dream is.” King Law Firm and Rachel King Win Gold ABA Stevie Awards It has been a long, hard road to get to where I am today; being honored on a national level like this makes all of the hard work and struggles well worth it. To learn more about the American Business Awards®, visit https://stevieawards.com/aba. Go to http://stevieawards.com/aba/watch-awards-presentations-live if you would like to view the 2019 award ceremony live on June 11, 2019. Click here to read our full Press Release!

With the current situation at the Southern border hurting the prospect of asylum requests, and other immigration options taking up to ten years to process, a foreigner who feels persecuted or whose current living situation could be greatly enhanced if they had access to the resources the United States has to offer, can become extremely frustrated and discouraged. However, a lesser-known option, known as the EB-5 program, offers individuals the chance to bypass all the rigmarole and earn lawful permanent residency within two to three years. The EB-5 Program (or Employment-Based fifth preference) was set up in 1990 to allow foreign nationals to become lawful permanent residents by investing capital in qualifying commercial enterprises and stimulate the economy. Investments made through the program must be a minimum of $1,000,000 unless invested through a regional center — entities managed by third-parties centered in and around targeted employment areas (TEA), including impoverished communities and rural areas with high unemployment — at which point, the minimum investment is lowered to $500,000. In order to be approved, an investor must show they are using at-risk funds based on current capital and assets (no loans or illegitimate funds) and prove they will be able to create full-time jobs for at least ten U.S. citizens within two years. There are other regulations currently in place, the biggest of which is the requirement that investors engage in day-to-day management of the businesses (with the exception of passive investors who have invested in regional centers). Currently, there are 10,000 visas available per year and each country is only allowed up to 7% of those visas. Provisions allow family members to be counted as part of this 10,000 limit. As of February 15, 2019, President Trump has officially signed a bill to fund the program through the end of September with no alterations, but due to concerns that the program is riddled with fraud, officials are calling for major reforms that include: Raising the minimum investment from $500,000 to $1.35 million, and $1,000,000 to $1.8 million to account for inflation; No longer counting family members as part of the 10,000 Visa cap and removing the per-country cap; Termination of Regional Centers that fail to promote economic growth; Fixing loopholes in the regional centers that allow funds to be funneled into richer areas; Eliminating passive investments (all investors would be required to manage their businesses on a day-to-day basis). To be considered for the EB-5 program, you must first file Form I-526 — Immigrant Petition by Alien Entrepreneur with the U.S. Citizenship and Immigration Services (USCIS). Because the application process is extremely arduous and paper heavy, it is best to hire a good immigration attorney to put together petition paperwork, prepare for the investor interview, establish lawful permanent residency, and keep the investor appraised of any changes that may occur as legislation continues to update regulations and make changes to the program. Visit the USCIS website for additional information.

Let’s be clear: plastic straws have not been outlawed in California. However, as of January 1, 2019, restaurants (with the exception of fast food) may not provide you with a plastic straw unless you specifically ask for one. In addition, all restaurants must provide a healthy drink, such as milk or water, as the default beverage in a child meal. As usual, this is just the tip of the iceberg. Below is a list of the laws implemented at the beginning of 2019, categorized by importance to our clients. Small Business Regulations Street vendors are free to sell on California streets, but are subject to regulation if they’re in violation of health, safety or public welfare standards. (Read Bill) Corporate Business Regulations If an employer is required to obtain information about a conviction, or a job applicant would be required to have a firearm, employers may ask the applicant about particular convictions regardless of whether they have been expunged, are sealed, eradicated or dismissed. (Read Bill) Employers may not force any employee to sign a waiver or non-disclosure agreement in order for the employee to be hired, earn a raise or get promoted. (Read Bill) Claimants in sexual harassment suits can choose to keep their name private, while employers may no longer secretly settle or hide factual information in regard to sexual harassment or discrimination claims. (Read Bill) Employees are protected from defamation lawsuits when an allegation of sexual misconduct is based on credible evidence or without malice. (Read Bill) Publicly held corporations must have at least one female on their board of directors by the close of 2019. (Read Bill) Companies must make a reasonable effort to provide a room that is not a bathroom for breastfeeding. (Read Bill) Juvenile Law Minimum age for prosecution in juvenile court is now 12, except in the case of murder or rape. (Read Bill) No child under the age of 16 may be tried as an adult or sent to prison. (Read Bill) Social Policies An “X” will appear on driver licenses for those who do not identify as male or female. (Read Bill) Breeding of cats, dogs and rabbits is now prohibited in pet stores. (Read Bill) Students are free to wear religious and cultural adornments during graduation ceremonies. (Read Bill) Law Enforcement Police must release all body camera footage to the public within 45 days of an assault or death at the hands of an officer. (Read Bill) Anyone convicted of misdemeanor domestic violence is now prohibited from possessing a firearm for life. (Read Bill) Licensed firearm dealers may not sell long guns (rifles or shotguns) to anyone under the age of 21, except when that person is in law enforcement or the military. (Read Bill) Ammunition and bullet drums may now be confiscated along with the weapon. (Read Bill) Personal and Public Safety Gun owners must participate in eight hours of proficiency training prior to receiving a concealed carry license. (Read Bill) Driver’s found guilty of DUI must install a temporary breathalyzer in their car. (Read Bill) If you would like to know more about these, or any laws not listed above, visit California Legislative Information.

Years ago, the mantra for actors was wanting to direct. In the last couple of decades, though, that mantra seems to have transformed into, “I want to produce!” Directing a film is one thing; running a successful business is quite another. Like any business, whether it’s started because of a need in the marketplace, a desire to have independent control, or a want to take risks where another company won’t, there are plenty of things to consider before jumping head first into the deep end. Brad Pitt, Mel Gibson and Adam Sandler have all found success with their respective studios and there are lessons to be learned with each one. The Importance of Ownership Rights When Pitt formed Plan B Entertainment with then wife Jennifer Aniston and Brad Grey in 2001, no one expected their relationships to crumble. But in 2005, Pitt and Aniston divorced, and Grey became CEO of Paramount Pictures, leaving ownership of the company up in the air. Luckily, all three were able to mutually agree upon Pitt taking over full ownership, but not everyone in business is lucky enough to have partners who won’t cause trouble when the relationship fails. Having a strong exit strategy embedded in the contracts when starting a business with a partner, no matter how close they may be, is the smartest way to avoid heavy financial and legal consequences should that partnership eventually fall apart. Financing Your Own Future A lot of businesses use outside funding from investors, banks or other credit institutions to finance some aspect of their businesses. Others, like Gibson, refuse to rely on someone else to build their brand. Gibson used his own finances to form Icon Productions, and to this day, funds the majority of development and packaging costs internally. Sometimes, outside resources are necessary to fund your business, but if you have the opportunity to build your business without investors, banks or other credit institutions, you should take the risk. Staying truly independent is the only way to guarantee your business is the run the way you want, and there’s nothing worse than getting in bed with someone who may not have your best interests at heart. Doing What You Love For any business to be successful, you need to have a passion for what you do and surround yourself with people you enjoy doing business with. In 1999, Adam Sandler formed Happy Madison Productions for no other reason than to have the creative freedom to produce the films he loved. One of the perks, of course, was having the power to keep all of his friends employed. Whether a film was a success or a failure, Sandler clearly has fun producing films with and for those colleagues he admires most. No matter what you want to do, as long as you know what you want, know who you’re getting involved with, and understand the complexities of running a business, success is just one decision away.

Though it was announced in December 2017 that Disney acquired 20 th Century Fox in a massive $52.4 billion deal, it’s still too soon to know what that means for properties such as The X-Men or The Simpsons because the deal itself must first go through a regulatory review to make sure the sale is legal and doesn’t violate any antitrust or communication laws, a process that may take up to eighteen months to complete. This type of regulatory process is normal for the majority of large-end corporations. But what about smaller businesses who want to sell, merge or acquire a business? For these types of companies, mergers and acquisitions (M&A) are generally regulated by Federal and State laws, so it can be a much easier and straightforward affair. However, there are still many things a business owner should be mindful of when looking to merge with or acquire another business. The difference between a merger and an acquisition is small but important. A merger, also known as a consolidation, is when two companies combine their assets into one new company, wherein both old companies cease to exist. An acquisition is when one company purchases another company’s assets as their own. Mergers and acquisitions aren’t cheap. M&A takes a lot of time and patience, and could come with a myriad of unexpected problems. Before beginning the process, understand the reason for merging. Is it to expand the company? Improve revenue growth? Acquire a patent? Knowing what you want and how to get it will allow for a smoother transition once the merger is finalized. There’s a lot of paperwork that must go into an M&A. Possible forms and documents include Non-Disclosure Agreements, Confidential Information Memorandums, Letters of Intent, Exclusivity Agreements, HSR Filings, Third Party Consents, Bills of Sale, SEC Filings, and Transition Services Agreements, among others. Due diligence is required to make sure that not only are federal and state laws being followed, but that the correct paperwork is being filed at the correct times. Not all company cultures blend well. Employees may revolt if company policies are drastically changed overnight. Take the time to meet and build relationships with those who will be joining your team and review how each company operates to make sure the companies are a good fit. It’s also in a company’s best interest to have an exit strategy in place with terms that allow for the severing of the transaction should the process break down. Above all else, seek legal advice from an attorney familiar with M&A transactions prior to negotiating or signing any documents, especially a Letter of Intent. Depending on how things are phrased, the language used in these documents can protect or harm the company. You never want to be stuck with a document that undermines your business or intellectual property, or undervalues your assets. Having a trustworthy lawyer at your side will guarantee everyone achieves their goals.

New laws are coming in 2018. Which ones may affect you? Did you know before this year it was illegal to enter a crosswalk after the “Don’t Walk” symbol begins flashing? With over 900 bills signed into law last year, it’s nearly impossible to know what is and isn’t legal. The majority of laws going into effect this year won’t affect most of our daily lives, but there are a few everyone should know. Many sanctuary state laws will be taking effect. Police may no longer ask a person’s immigration status. Immigration officials must present a warrant to access employee records. Universities and businesses are prohibited from cooperating with federal immigration officials. Landlords may not report illegal renters. State agencies and officials who work with children do not have to report immigration violations. Recreational marijuana is legal. What you may not know is: It’s illegal to smoke or have any open containers of marijuana while driving, or to drive while under the influence of marijuana. You must have a state-issued license to sell recreational marijuana. Business owners will see some major changes. Minimum wage rises to $10.50 or $11 based on the number of employees. Employers must offer up to 12 weeks of unpaid maternity leave. Employers may not ask an applicant about their salary history or perform a background check until after an official employment offer has been presented. Sexual harassment training must include gender identity and sexual orientation harassment. Schools and Universities will change in varying ways. Children may no longer be denied meals if their parents fail to pay their fees. Free tampons must be provided to junior and senior high students attending schools where poverty-level students make up at least 40% of the class. The high school exit exam has been eliminated. Per-unit fees will be waived for first-year students attending community college. LGBT laws continue to expand. A “non-binary” status option will be available for all state documentation. It will be illegal for long-term care facilities to discriminate based on gender identity or sexual orientation, or repeatedly fail to use a resident’s preferred name or pronoun. Gun regulations ramp up. All ammunition must be bought or transported across state lines through a licensed dealer. Gun owners convicted of a felony must turn over all firearms. Anyone convicted of a hate crime will be unable to purchase firearms for 10 years. A serial number must be purchased from the state for every home-made weapon. A few safety and environmental measures will also take effect. Incandescent lightbulbs will no longer be shelved. Public venues undergoing heavy renovations will be required to include a baby changing table in men’s bathrooms. Drivers with certified medical conditions may tint their windows. And finally, some local and state issues. Neighborhood polling places will be closed in favor of mail-only elections. Vehicle registration will rise between $25 and $175 depending on the value of the vehicle. Pharmaceutical companies must give advance notice before any large rise in costs.

If you didn’t know who Donald Trump was before his meteoric rise into the Presidency, you definitely know who he is now. Born to wealthy parents who ran a successful real estate business, Trump grew up learning the skills he would need to foster his own real estate empire, which includes plenty of hotels, casinos and golf courses worldwide. And although Trump had an advantage above most when it came to his success, anyone can start a business with nary a dime to their name and rise to the heights of global success. Take Steve Jobs, for example, who founded Apple in his garage before utilizing his interpersonal skills to build relationships that helped him grow the brand into the innovative sensation it is today. It’s no secret that, even with connections or access to the necessary finances, building any type of business can be an arduous task. In fact, not even Trump was immune to economic dry spells. It’s how you approach those hardships when they arise that determines your resolve.  Facing bankruptcy in the early nineties, Trump used his controversial personality to enhance what he had learned in deal making and negotiation to save and rebuild his legacy into one of the most well-known brands in the world. There are an incredible number of factors that must be taken into consideration when deciding to start a business. The first and most important is what type of entity you wish to form: a sole proprietorship, a partnership, a limited liability corporation or a corporation. Choosing a sole proprietorship is the fastest, easiest way to start a business. There’s no formal paperwork or major legal formalities to deal with, no shareholder meetings or corporate minutes to worry about, and instead of a board of directors that must be involved in every major decision, the owner has full control over every aspect of the business. On the other hand, the owner is also liable for all business debts, which means the owner is putting all their personal assets at risk. With a corporation, shareholders and board members aren’t liable for corporate debts, it’s far easier to raise money (by creating and selling stocks and acquiring investors), and the entity comes with much more tax benefits in a variety of areas. Above all else, building a business takes time, patience, tenacity, negotiations, compromise and a willingness to take risks. More importantly, it takes trust, both in yourself to be able to do what needs to be done, as well as those you put faith in to help build your dream. Without it, you’re on the road to failure before you even begin.