Small Business Law

Business And Commercial Law

We want to help your small business thrive by helping to increase profits, protect company and founder’s assets, manage employees and minimize the risks of costly litigation. No matter what industry your business is in, we can help you achieve your business goals. We will take the time to meet with you and understand your business situation and determine the best way to proceed. Because of your experience with small business, we can help your business evaluate the benefits and pitfalls of business decisions. The firm offers a personalized approach and individualized attention.

We offer a wide range of business services to help you form, conduct or expand your business, including:

    • Entity formations: Limited Liability Company (LLC), Corporations, Partnerships, Limited Partnerships, etc.
    • Corporate governance and compliance advice
    • Preparation of corporate minutes, amendments and resolutions
    • Reviewing and negotiating contracts
    • Drafting of vendor and services agreements
    • Drafting or negotiating commercial lease agreements
    • Debt collection
    • Employment Agreements
    • License Agreements
    • Dispute Resolution
    • Sale or Purchase of a Business
    • Business Litigation
    • In-House Counsel services

We can help with determining the right type of entity for your business, assist with the drafting of vendor and customer agreements, draft and negotiate business agreements such as purchase agreements, leases, franchise agreements, and confidentiality agreements. We can also assist with the purchase or sale of an existing business. Most importantly we can help you ensure that your business entity complies with state law and is properly protecting your personal assets.

Business Succession Planning

Just like every individual needs an Estate Plan, your small business needs a business succession plan. We can help you determine what is the best way to pass your small business on to your children or valued employees and draft the buy/sell agreements, right of first refusal agreements, stock purchase agreements, or other documents that might be appropriate in your particular circumstances.

Business Formations and Start-ups

Choosing the ideal entity for a business is an important first step in creating a new business. This decision will determine the control of your entity, your sources of financing, and the extent of your tax and personal liability. We can guide you in choosing the right type of entity for your new business based on the type of industry and the people who are going to be involved.  We can help you select the right type of entity for your business from all of the available options, including:

    • Sole Proprietorships
    • General Partnerships
    • Limited Partnerships
    • Limited Liability Partnerships
    • Limited Liability Companies
    • S Corporations
    • C Corporations

Preparation of Corporate Minutes, Amendments and Resolution

One you have formed your new entity and started conducting your business, it is important to make sure that you keep your business entity up to date.  Keeping your corporate documents up to date helps reduce conflict between partners in the business and ensures that your entity will protect your personal assets from third parties. We can assist you in preparing, reviewing or amending your corporate documents including:

    • Certificates of Formation
    • Articles of incorporation
    • Bylaws
    • Resolutions
    • Partnership Agreements
    • Operating Agreements

Business Services - Managing your Business Relationships

Small Businesses enter into all kinds of contracts and need legal advice to make sure that those agreements are in the best interest of the business.  Those contracts and agreements are the foundation to all of your business relationships with contractors, employers, investors, clients, landlords and vendors.  It is important that those contracts properly define and provide the terms for those ongoing relationships in order to reduce the opportunity for conflict and issues.  We have extensive experience preparing, reviewing and negotiating contracts and business agreements and we have experience in litigating those agreements when things go wrong.   We use that background and experience to draft agreements that will stand the test of time and the unforeseen issues that may arise. We can review, draft, prepare or negotiate any business agreement you may need including the following:

    • Business Sale Agreements
    • Franchise Agreements
    • Limited Liability Company Operating Agreements
    • Buy/Sell Agreements
    • Commercial Leases
    • Vendor Agreements
    • Customer and Service Agreements
    • Employment Agreements
    • Independent Contractor Agreements
    • Non-Compete Agreements
    • Non-Disclosure Agreements
    • Construction Agreements
    • Notes and Security Agreements
    • Alternative Dispute Resolution Agreements – Mediation or Arbitration

Business Disputes - Settlement and Litigation

Business disputes are one area where an “ounce of prevention is worth a pound of cure.” Through careful planning we try to help your business avoid disputes.  But sometimes business relationships erode until they are beyond repair or unanticipated events occur that result in business disputes.  When that happens, we will explore the possibility of a cost effective resolution to your dispute including demand letters, information settlement conferences, and mediation with third party neutrals.  And, if that fails, we will help you determine whether litigation is the best course for your business and you.  We have experience representing business clients in a wide variety of business disputes and litigation including:

    • Breach of Contract
    • Shareholder disputes
    • Employment law
    • Breach of Fiduciary Duty
    • Fraud
    • Violation of Consumer Protection Act
    • Tortious Interference with Contract
    • Unjust Enrichment
    • Corporate Books and Records Actions on behalf of shareholders
    • Conversion
    • Injunctions
    • Collections

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