Business Law
Business Formation Business Agreements ● Regulatory Compliance Business Litigation
We assist small and mid-sized businesses in almost all aspects of their business needs including business formation, business transactions, commercial disputes, mergers and acquisitions, secured transactions, commercial leasing, real estate, licensing, and regulatory compliance. We’ve been helping businesses do business for 37 years. We help businesses in every stage of their development from formation to dissolution. Instead of viewing a new client as an opportunity to generate large fees, our focus is on building strong client relationships that will last for years and years to come. That means putting our client’s interests ahead of our own and exercising sound billing judgment. Simple “’thank you” emails for example that take all of ten seconds to read should not trigger a billing slip. If we need to travel for your benefit, we fly economy for short trips, and we don’t bill clients for travel time to read a magazine, chat with the person in a neighboring seat, or work on some other client’s file. Email a business law attorney today. We do not consider our role to be deal-killers’ by one-upmanship or taking unnecessarily one-sided positions. Our philosophy is to help businesses avoid situations that can result in costly litigation, not only by careful draftsmanship of legal documents, but also by pragmatic resolution of business disputes. That normally means exploring early settlement options before either party has incurred huge legal fees, provided that a settlement is in our client’s best interests. When the fees get out of hand, cases become more difficult to resolve, and can sometimes dwarf the amount in dispute—which may be great for lawyers, but where does that leave our clients? When disputes can’t be resolved informally, we are fully prepared to commence litigation, all the way through trial and appeal, and our adversaries know we mean business. To find out more about how we can help your business grow and succeed, contact our offices. We would be happy to speak with you. Business Formation and ManagementWhen you begin a new business venture, you need the right foundation. The planning that you do on the front end will save you from a host of problems as your business changes and grows. The first step to starting your small business is to find the right business entity. We work closely with you and your partners to find the entity that works best for your business. The answer isn’t obvious since there are many choices available to you including:
Every entity has its own set of advantages and disadvantages. Some of the basics include:
Contact Shooster, Kahn & Kleinman to discuss your legal needs with a proficient, responsive legal team. Generally, the entities that offer the most tax benefits, protection from personal liability and shareholder lawsuits require more complex drafting meaning more time and thus greater legal expense. It’s easy to form a corporation without using a lawyer. Many people wonder why anyone would get legal advice instead of doing it themselves. If you understand all the ramifications outlined above, go for it If not, you could wind up paying a small fortune in extra taxes, exposing yourself or your partners to personal liability or find yourself in the middle of a nasty shareholder or partnership dispute. So why be penny-wise and pound-foolish? Even if your startup budget does not include sufficient funds to draft a sophisticated shareholder agreement, consulting a qualified business lawyer can help you plan ahead. Business TransactionsOnce your business is up and running, you will have other legal needs. We draft, review, and negotiate any type of business contract, including:
Our philosophy is to make deals happen whenever we can consistent with protecting our client’s interests. All too often attorneys insert extremely one-sided provisions in a contract to impress the client or bully the other side, thinking that the more one-sided the agreement the more they can protect their client. That kind of strategy often backfires since it can kill a deal altogether. If nothing else, it raises the client’s legal expenses since the opposing counsel will insist on making changes. Besides, when you enter an agreement, you are usually trying to foster good will, either with the hope of gaining more business in the future, or generating referrals. Taking overly one-sided positions impedes building mutual trust and fostering long-term relationships. Regulatory ComplianceThere is probably nothing more frustrating to the average business owner of complying with the dozens upon dozens of government regulations. Consider this highly abbreviated list:
The list goes on and on and on and can vary from state to state. Failing to comply with lawful regulations can result in huge fines. Did you know that every violation of the telemarketing sales rule can result in a $10,000 fine? Just calling the wrong batch of names, or calling them at the wrong times, or asking them the wrong questions can result in a multi-million dollar fine and it has happened—not just too fly-by-night operators, but to reputable companies. Some regulations are so complex and so specialized that we will have to refer you to outside counsel. But we are trained to recognize problems that may require outside counsel. Are you? Contact a business formation lawyer for an initial consultation.Shooster, Kahn & Kleinman |
