Business-Law-service

Business Law

The firm’s business clients depend on us for assistance with a wide range of corporate and business law issues which include formation, dissolution, contracts, commercial transactions, employment, and more.

The firm provides outside counsel services to its small and medium-sized clients as well.

The firm strives to go beyond providing legal services but to understand the overarching objective – the big picture. With that approach, we grow with the client.

Business law is a combination of various legal elements that form and sustain the business. It includes:

 

  • Formations. Business formation – an important component of business law – is a process of selecting a legal entity type as the legal vehicle of the business. The most popular entities are corporations and limited liability companies (or LLCs). Others include general partnerships, limited partnerships, trusts, and sole proprietors. Not all entities are created equal, and clients need guidance when selecting an entity. If one is already formed, the entity could be converted into another so that business may continue.
  • Employment. Employment introduces a number of complexities and risks to the business. If done without proper guidance, employment can destroy the business. If harnessed the right way, it can bring the business to another level. Employment handbooks and HR departments are a burden for most – we make sure it does not become a burden for our clients. The firm handles various employment and HR issues – from onboarding to termination. Employment contracts and associated employment intellectual property components are frequently overlooked and cause talent and data breaches.
  • Contracts. Contracts are important to address relationships with the company’s employees, customers, clients, and vendors. For services-based businesses, its primary or master services agreement is paramount to success and mitigation of risk. For product-based businesses, terms or use as well as warranty terms are equally as important. Most businesses are focused on growth and forget the importance of contracts – the document that governs the terms of the primary sources of income. The firm performs an assessment to determine the legal relationships between the parties – employer-employee; company-vendor; contractor-subcontractor – and addresses them with its respective agreement.
  • Corporate Formalities. Corporations, limited liability companies, partnerships, and other legal arrangements often call for and require various corporate formalities. Simply put, a legal entity generates records of its existence. To preserve the legal liability of an entity, these formalities must be maintained. Not only is it a requirement but also a best practice. Annual board of directors and shareholder meetings are important components that are frequently overlooked. The firm assesses the existing gaps and addresses the defects.
  • Outside General Counsel. Most small and medium-sized businesses cannot afford to sustain a lawyer on payroll. The firm offers a number of flexible arrangements to make sure the business is represented while not spending a fortune. The firm provides a realistic assessment of the actual needs of the business and offers a respective plan for its clients.
  • Litigation. A major component of a business is litigation – a legal dispute between parties that cannot agree otherwise. The firm carefully selects the cases it litigates to ensure the most favorable outcome.
  • Compliance. Most companies dread compliance and related issues. Compliance is a process of making sure the business is compliant with its respective legal and contractual requirements. Most businesses require a formal compliance system, that can ensure continued conformance. Generally, it involves implementation of written procedures and policies that are self-executing. The firm assesses the business, provides a compliance system, and once successfully implemented, steps aside to observe it being self-sustained.
  • Business Licensing. Depending on the local requirements, most businesses need to obtain a business license while others, typically engaged in regulated activities, must obtain a special business license. Business licensing greatly varies depending on the business activity and may take some time to obtain.

FAQs

Why do I need a lawyer to form a company when online services are cheaper?

The most important component of legal business formation is not the actual act of forming, but the analysis and selection of a legal entity. Online formation companies are cheaper but they do not provide the requisite analysis for your business.

When do I need a legal consultation to address my employment concerns?
We advise our clients to consult us before hiring employees. With AB-5, California added complexities to employee classification but there are a number of exceptions. Consulting with a lawyer will provide you with a clear picture and analysis that will save you money, worry, and risk.
Why can’t I just download a sample contract from the internet?
Most online contracts are 1) too old; 2) with expired law; 3) from another state, 4) not comprehensive, and 5) plainly defective. When reviewing a contract, it is immediately clear whether the contract was downloaded or carefully drafted by an attorney. So yes, you can download a contract from the internet, but do know that it is not without risks.
How frequently do I need to review and revise my contracts?
We recommend an annual review of your contract. No, it is not expensive. If we are the firm who drafted the agreement, we will not charge for its review – we know what we wrote. We charge you for the time it takes to revise 1) based on the changes in the law, and 2) your requests.
Do I always need a lawyer?
No, you do not. If your company’s operations were done right, you only need a lawyer in select circumstances. However, some businesses, due to the nature of their operation may need more substantial legal involvement.