Business Law is an umbrella term for the many areas of law encompassing the commercial world.  The areas of business that most frequently require an attorney are contract creation, contract enforcement, and employee-employer relations.  In addition, sometimes a competitor or third party unfairly harms a business or individual.

Contracts

Creating or reviewing a contract requires an attorney to fully understand the client’s business and anticipate what is likely to happen throughout the relationship between the contracting parties.  Lawyers without business experience have a tendency to insist on burdensome terms with little practical benefits that make closing a deal very difficult.  Furthermore, a lengthy contract might unnecessarily scare away a trading partner.  Therefore, we ensure that our clients fully understand which provisions of a contract are likely to be invoked, and which ones concern rare or relatively harmless situations.  We also recognize that businesses need to take risks to grow, and we advise our clients of the legal ramifications of each potential contract provision to allow them to make a completely informed decision.  Finally, we remind our clients that a contract is only as good as the person who is making the promise, and we can help you decide if that person or business has the ability to perform as promised.

Additionally, enforcing a contract is absolutely essential for all businesses.  Sometimes a sternly written letter from a lawyer will invoke the desired response without resorting to more extreme measures.  In the event that more extreme legal measures are required, such as filing a lawsuit, we are prepared to take a case to its ultimate conclusion, whether that is a court judgment or satisfactory settlement.  In addition to representing parties who are seeking to enforce a contract, we also defend parties who are being sued or may be sued on account of a contract.

Then, once a judgment is granted, the judgment must be enforced.  Unless proactive steps are taken after the judgment, the judgment may not be paid.  The court or sheriff will not collect the judgment automatically.  Especially after a large judgment, it is not uncommon for the judgment debtor to enter bankruptcy or hide or transfer their assets to avoid payment.  While there usually isn’t much that can be done if the debtor is truly bankrupt, if they hid or transferred their assets, recovery might still be possible.  Many lawyers devote little energy to enforcing judgments; however, we realize our job does not end until we have taken every possible step to assist our clients in receiving the money they are owed.  We use aggressive and creative tactics to ensure our clients get the maximum recovery possible to which they are entitled.

Employee-Employer Relations

In the area of employment law, we represent both employers and employees.  Federal and California employment laws can be a quagmire for employers.  For instance, salaried employees are not necessarily exempt from overtime or breaks, even if the employer and employee agreed in writing that the employee would be exempt. For employers, proactive planning can reduce the risk of expensive problems in the future. Companies have gone out of business for failing to abide by non-intuitive employment laws.

Unfair Competition

Unfair competition arises in many forms.  Unfair methods of competition include trademark infringement, deceptive or false advertising, or interfering with the contracts of others, just to name a few.  We represent both those who have fallen victim to unfair competition, as well as those accused of unfair competition.