Santa Cruz, Monterey, San Benito and Santa Clara Counties
Business Law Attorney
Don’t leave your business to chance.
My business law practice includes:
- Business entity formation (partnerships, corporations, and LLCs)
- Purchase and sale agreements
- Service agreements
- Construction issues
- Breach of contract
- Related mediation, arbitration and litigation
There are three main elements of a business law practice in a small town:
(1) Entity Formation
It is imperative that a business with multiple owners be properly structured and formed so that the owners’ and operators’ respective rights, duties and obligations are clearly addressed at the outset in sufficient detail to anticipate and prevent future conflicts between the owners.
Proper formation and maintenance of corporate formalities is also important to maintain the corporate shield that protects shareholders from being personally liable for corporate liabilities (but which is not bullet-proof), to maintain good corporate standing with regulatory agencies, and to assure proper tax reporting.
(2) Liability Prevention
A primary job of the business lawyer is to prevent lawsuits, liabilities, claims and disputes with third parties. Good contracts prevent disputes down the road. Thus, in my business practice, I advise clients to get all important agreements in written contracts that are at least reviewed by, if not drafted and negotiated by, a lawyer, and to make a reasonable effort to negotiate for the best terms possible – even the legal terms addressing contingencies, however unlikely they may be. This helps minimize a client’s exposure to potential liabilities and helps ensure that all important issues are addressed at the beginning of a transaction.
As a litigator, I can anticipate when a poorly written contract, that is, one with ambiguous or adverse terms, creates a risk of a significant future conflict, and I have the experience to advise clients on the potential issues that may arise and the potential costs involved; even a relatively simple lawsuit can easily cost $20k-$50k. I encourage clients to consider this type of legal diligence as a standard cost of doing business.
Preventative business law also means helping clients comply with various contractual, regulatory and insurance requirements and conditions.
(3) Litigation/Dispute Resolution
Operating a business is rife with potential liabilities and disputes, be they with clients, vendors, competitors, landlords, government agencies, or employees. Some disputes require an immediate and/or relentless exhibition of strength, while others require a more restrained approach. However, the successful resolution of all disputes requires careful legal analysis of the parties’ respective positions, and the client’s regular evaluation and re-evaluation of the costs and benefits of proceeding, of the client’s goals, and of the client’s willingness to compromise. Cases rarely settle efficiently if one or more parties to the dispute are not making rational decisions regarding the litigation or are unconcerned about costs.
But everyone deserves their day in court, and sometimes that is the best, if not the only, pathway to a resolution.
Litigation is about preparing for trial, and I strive to do so in a cost-effective manner. This means being organized, thorough and diligent, choosing battles wisely, and trying not to get sucked into opposing counsel’s gamesmanship.
I strive to resolve business conflicts as efficiently as possible, while being a strong advocate.
- Real estate agents
- Property managers
- Real estate investors
- Contractors and subcontractors
- Non-profit corporations
- Formed C corporations and S corporations, limited liability companies (LLCs), and partnership agreements;
- Drafted, reviewed and negotiated business purchase and sale agreements;
- Drafted, reviewed and negotiated license agreements, assignment agreements, non-compete agreements, and subcontractor agreements;
- Represented partners in business dissolution and accounting lawsuits.
Get help. Steer clear of trouble.
Now it’s your turn. Let me help you protect your business with good legal planning, enforceable contracts, and strong advocacy.