Operating a business is complex and can often become a daunting task. Our aim is to make your business operate smoothly at any stage. Our team has extensive experience in the business world and is committed to helping high-growth businesses develop efficient and effective solutions for various legal situations. We also assist our clients with matters regarding contracts, such as drafting contracts that clearly outline the obligation of parties, negotiating, and ensuring legal compliance.
The followings are a few examples of our services in business law:
1. Business Entity Formation (Partnership, Corp, and LLC):
The purpose of forming a business entity is to protect business owners and to provide a desired structure to business operations. We assist in finding out what type of entity is desirable for individuals and emerging businesses and properly aligning the requirements for the chosen entity. With a better structure, your personal assets are at less or no risk when an adversarial party claims a legal liability against your business organization. If you do not form a business entity other than a sole proprietorship or general partnership, your business and you are one and the same in terms of legal liability. Also, a business entity formation among business partners or co-founders often demands having a proper agreement among them, and such contract can prove to be valuable down the road.
2. Business Ownership and Succession Planning:
Proper business ownership and succession planning requires careful preparation. We assist our clients in carefully planning a series of logistical and financial decisions when succession plan is much desired.
3. Business Sales and Purchase and Other Business Contracts:
Business sales and purchase agreement is crucial in ensuring that transactions are properly conducted. We help understand, interpret, and navigate the details of these documents in order to ensure additional security for our clients. Many issues that may arise can be addressed ahead of time to avoid greater problems in the future through negotiating the sale of a business and defining many essential terms and conditions of its agreement like the purchase price and the closing details of the transaction.
Often, poorly written contracts can cause major problems in the future. We assist our clients in representation by clearly outlining the obligations of parties, negotiating, and ensuring legal compliance to our client’s wishes. Our assistance would help avoid potential consequences of a bad contract and ensure legal rights and business interests to be protected.
4. Wills, Trusts, and Related Estate Planning Documents:
Drafting a will allows you to determine how and to whom your assets are to be handled and distributed to upon your death. Dividing your asset properly with guidelines carefully written on the document can avoid potential disagreement among your heirs.
A living trust can save your family time and money by avoiding a probate. A revocable living trust allows individuals to retain an option to alter the trust during their life and determine who will get his or her property after death. We can assist you in preparing your wishes into legal documents to reduce a chance of unexpected surprises.
5. Shareholders/Partners/Members’ Dispute Resolution:
Knowing how to handle a conflict is a key to running a successful business. We assist our clients in understanding the roles and responsibilities of each stakeholder. With better understanding of dispute management, we help our clients deal with conflicts better, often before they escalate.
6. Employee/Independent Contractor Classification:
It is important for an employer to understand and correctly apply the rules of classifying a worker, as an incorrect application can negatively impact many hiring issues. Benefit eligibility, tax withholding, or wage and hour requirements are only a few of many examples. An employee who has not been applied the correct rule can lose his/her benefits and rights. As a misclassified employee, she or he can be denied of access to critical benefits and protections entitled to by law and feel forced to seek a formal action.
7. 3rd Party Agreements with Vendors and Partners:
A vendor contract is a document of agreement between you and one of your dealers or suppliers in a business. We assist our client in setting forth the conditions and requirements to our client’s wishes. Having proper legal documentation for business relationships saves time and avoid conflicts in the long run.
8. Legal Issues Regarding Online Sales and Marketing Activities:
We assist our clients in handling various legal issues that arise with online businesses. Example issues like privacy, trademarks, copyrights, return and refund policy, and payment/delivery term can arise when businesses don’t follow proper legal rules. Often, unwary small business owners or startup businesses fail to have sound terms and policies with customers that lead to confusions and complaints.
9. Sales and Licensing Agreements for Products and Services:
We assist our clients with the definition, requirements, and terms stipulated in the licensing contracts as it is crucially important to do these correctly in brand or knowledge-intensive businesses. For example, it is crucial for an agreement to clarify parties’ rights and obligations. We assist our clients in making their business look additionally legitimate and professional by properly preparing the contract/agreement to our client’s needs.
10. Dissociation and Dissolution:
We assist clients when co-owners end/leave their business, when the affairs of the business wind up, or when any other matters associated with dissociation of a business partner or dissolution of business take place. For example, the winding up activity may include selling all assets, paying off creditors, and distributing remaining assets to the partners, members, or shareholders. Each entity’s dissociation and dissolution often come with unique circumstances, and you want to unwind the business wisely while effectively dealing with your potential/current creditors and with your employees.
11. Employment Based Immigration:
Employment based applications are common ways to get proper legal status in the U.S. There are many different temporary and permanent employment-based immigration matters. Someone who seeks either temporary or permanent employment-based status is encouraged to seek legal advice. For example, a 1-hour initial consultation often alerts you of multiple issues that a foreign citizen in the US previously has not thought of beforehand.
12. Bankruptcies for Business Owners or Businesses:
ES Berry Law also represents and counsels clients on filing for Chapter 7, 11, and 13 bankruptcies. We have experience in creating a plan that gains a sound debt relief and debt forgiveness for small and medium-sized business owners. Further, we offer bankruptcy protection services, such as stopping lawsuits, wage garnishments on salaries, and harassment at home or work.
