Business Law
The term “business law” can refer to many different things. A great deal of our practice is dedicated to helping business owners with their legal needs. These needs can include the steps needed to start a business, the nuts and bolts (and contracts!) involved in running a business, disputes that may arise from time to time, and issues related to employment law.
A. Business Formation
Hundreds of thousands of businesses are based in New York, ranging from Fortune 500 companies to the small one-room deli on the corner. Owning a business can protect you from risk, help you build recognition in the community, and allow you to benefit from favorable tax treatment.
Forming a business involves far more than simply filing the mandatory documents with the Secretary of State. Complying with the laws controlling businesses can range from extremely complex to quite simple, depending on the type of business, the number of owners, and the investment stake. Many of the most important business decisions an owner will make take place at the very beginning, before the business is officially opened.
We have helped business owners, both large and small, put their plans into action. At our free initial consultation, we will ask you about how you envision your business structure and operation, and then we will craft a plan that meets your individualized needs. No two companies are exactly alike, and we tailor our representation to best fit your business.
Our services include formal formation for corporations, limited liability companies (LLCs), and non-profits, drafting by-laws, preparing share assignments, drafting annual meeting minutes, and preparing shareholder agreements. More importantly, we can advise you on the steps you need to take to ensure that your business is run in full compliance with the law.
B. Business Operation
In order to enjoy the protections and benefits conferred by the law on business entities, it is vital that you remain in full compliance with laws and regulations. This means keeping your operating documents up to date, conducting annual meetings, properly issuing new shares, and continuing to operate the business in compliance with its by-laws.
We provide a wide-range of services to businesses depending on their size and need. For some of our clients, we provide annual “checkups” to ensure that the business is in compliance. For more complex businesses, we can be kept on retainer to handle regulatory filings, as-needed legal issues, and business contracts.
In order to determine which services are most appropriate for your business, we offer a free consultation to discuss your company’s specific needs and goals. At that time, we can make a recommendation for as-needed, recurring, or full-service representation.
C. Business Disputes
Unfortunately, disagreements and disputes are a part of any business operation. From broken contracts to labor disputes, from regulatory actions to injuries, no business can accurately predict when and how a dispute will arise.
Business disputes can be extremely disruptive to your operation, and can distract your management and employees from their duties. The key to dealing with business disputes is to quickly identify your options, formulate a plan, and take steps to remedy the problem.
When we are approached with a business dispute, litigation is seldom our first choice. In many cases, presenting information and carefully-crafted demands to the other side can result in speedy resolution without the time and expense of litigation. Of course, if a lawsuit becomes necessary, our attorneys have extensive experience with business litigation, and will make full use of the legal process to secure a favorable outcome.
D. Employment Law
When an employee sues an employer based on a violation of rights, we call this type of case an employment law case. These include wage violations, improper firing, discrimination suits, harassment allegations, and workers’ compensation claims.
For a business owner facing an employment-related lawsuit, time is of the essence. The law provides many employee-friendly procedures that can result in swift relief, so it is vital that management move quickly to address the claim, explore options, and create a plan to resolve the dispute.
In some cases, the claims lack merit, and preparing an aggressive defense can protect the business from liability. In other cases, a fair and equitable settlement offer can end the matter without incurring costly legal fees associated with a court action.
When we represent management or ownership in employment-related cases, our priorities are to prevent interference with the business, and to manage costs to resolve the matter as inexpensively as possible. We have had great success in using the legal process to stop frivolous claims, and to insulate business owners against large claim awards.
In order to protect your rights, however, it is crucial that you seek assistance right away when you become aware of an employment-related lawsuit. The more time we have to prepare your defense, the more likely a positive outcome.