We understand that dealing with legal matters can be overwhelming. Instead of trying to handle things yourself, or simply giving up, take a minute and contact us.
We have extensive experience in business law, including contract-based business litigation, formation, corporate governance, intellectual property, and various different contracts. Our business law experience also includes knowledge of employment law and workers' compensation issues that may affect your business.
A business can be formed into various different entities, including:
- a sole proprietorship
- general partnership
- limited liability partnership
- limited liability company
Each entity has its purpose and what works for one business, does not always work for another.
Corporate governance is the system of rules, practices, and processes by which a company is directed and controlled. In order to maintain the liability protection that a corporation or limited liability company affords, the corporation must remain corporate compliant and abide by the rules of corporate governance.
This involves maintaining:
- state filings
- meeting minutes
- various other records
The duties of general counsel include overseeing and identifying the legal issues in all departments of the business, corporate governance, business policy, as well as contract drafting and negotiation, among other things.
Businesses are always in need of contracts, whether they are template contracts that can be used over and over again, or highly customized contracts.
Contracts can be between:
- a business and its sub-companies
- a business and a client
- a business and third parties
The types of contracts include, but are not limited to:
- service agreements
- payment agreements
- buyout agreements
- non-disclosure agreements
- employment agreements
- independent contractor agreements
- confidentiality agreements
A non-disclosure agreement (NDA) is a contract between two or more parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes but wish to remain confidential. The parties agree not to disclose information covered by the agreement.
Depending on a business’s needs, NDA’s can be used at any point in the business process from the first point an individual enters the business grounds, to signing a contract with a client.
Employment agreements include, but are not limited to:
- general employment agreements
- independent contractor agreements
- term employment agreements
- confidentiality agreements
Each contract is customized to the business and its specific needs, and can be turned into a template for ongoing use by the business.
Intellectual property (IP) is intangible assets of a business.
- Trademarks are often the most prevalent form of IP for many businesses. These are a word, phrase, or symbol that properly identifies the source to which it belongs.
- Copyrights give rights to the creator of original works such as stories or songs.
- Trade secrets protect confidential business matters and should be guarded through various contracts between employers and employees, such as non-disclosure agreements.
A business dissolution is the closing of a business and includes giving proper notice, filing the requisite forms, and finalizing business activities.
Business litigation includes any type of legal controversy related to a business. We specifically handle contract disputes you may encounter in your business.
A breach of contract is when one party fails to perform under the terms of the contract.
A material breach happens when the main purpose of the contract is not fulfilled. Typically, when one party does not get what they bargained for in the contract, or the contract is not fulfilled, the breach is said to be material.
In contrast, a non-material breach is a failure to perform one of the minor or ancillary aspects of the agreement. A non-material breach does not affect the core purpose of the agreement.
When parties cannot agree on how to dissolve their business, sometimes the Court needs to get involved to facilitate a dissolution.
Interference with business relationship occurs when one person intentionally damages someone else's contractual or business relationships with a third party causing them economic harm.
Protecting intellectual property (IP) is an ongoing task of any business. Infringement on ones protected IP can result in:
- cease and desist letters
- informal resolution
Directors and officers of a corporation have extensive obligations to the stockholders and to the corporation itself, known as fiduciary duties. These responsibilities include:
- a duty of loyalty
- a duty of care
- a duty of good faith and fair dealing
Fiduciary duties require that directors and officers, in their distinct roles within the corporation, make reasonable and well-informed decisions that advance the interests of the corporation and its shareholders. Not fulfilling these duties is considered a breach.
Disputes include any disagreement regarding how the business is run or about the business in general. When the owners cannot resolve these disputes informally sometimes court involvement is required.
When it comes to planning for your family and your future, you want to be prepared. We can help you ensure that your assets and loves ones are protected upon your passing. We will walk you through the process and ensure you have all of your questions answered along the way. We understand the need to feel prepared and secure as you move through life, and we want to bring you that peace of mind you deserve.
A trust is a legal document which holds title to designated property for named beneficiaries. It can govern the distribution of property at any time during, or after, the life of the individual and governs only the property explicitly placed in the trust.
A trust does not require any judicial administration and is often created for the efficient administration of assets to beneficiaries without the expense and inconvenience of probate.
There are different types of trusts, the most common are:
- special needs
A will is a legal document that distributes property upon an individual’s death and is based upon the individual’s expressed wishes.
It becomes effective only upon the death of the individual and concerns all property of the deceased but does not cover property held by any other individual. For instance, property held in joint tenancy does not pass to a beneficiary through the will. A will must be administered through probate, which can be an expensive and lengthy process.
A power of attorney is the transfer of authority from one individual (principal) to another, to permit the holder of the power the right to decide matters on behalf of the principal.
There are several types of powers of attorney. In all cases, entering into a power of attorney requires that the principal be of sound mind. If the principal is not of sound mind, a power of attorney cannot be granted and a conservatorship must be sought to obtain decision-making authority over the incapacitated party.
An advanced healthcare directive permits the holder of the power the right to make healthcare decisions for an individual.
It is a legal mechanism for designating a third party to oversee health matters. The purpose of a healthcare directive is to set forth the desires of an individual in the event that he/she is incapacitated and incapable of expressing his/her wishes regarding medical matters.
A living will is a useful mechanism to provide clear written orders to the agent of your advanced healthcare directive your wishes with respect to healthcare decisions. This instrument should specify the types of actions you would or would not want taken if a medical event occurs.
HIPAA, also known as the Health Insurance Portability and Accountability Act, restricts your medical provider from releasing your medical records without your permission. An executed HIPPA authorization allows your agent to obtain your medical records when necessary.