Are you starting a business? Are you buying an existing business or selling your own? Are you entering into a business with others? Have you run into a dispute with your business partners? Do you have a dispute with a competitor? Do you need to dissolve a business? I can guide you through these issues.
Starting a Business
If you are just beginning a business, you will have several questions. Many will be legal in nature. What form should my business take: a Chapter C corporation, a Subchapter S corporation, a partnership, a limited liability company or a simple sole proprietorship? What will your legal exposure be if you are sued? What type of insurance will you require? Will you need to buy or lease space? If you are entering a venture with others, what type of agreement should you negotiate? How can you protect your interests in the event of a dispute with your partners? If you are buying a business, what form should the purchase take and what sort of due diligence will you require?
I can help you answer these questions. I have helped numerous people just like you who need answers to their business questions. I have taught classes in business formation at Raritan Valley Community College. I have run my own business for years. I can provide you straightforward answers to your questions and can get you "up and running" quickly and efficiently. I can help you put in place the protections you may need to meet potential problems, whether with your partners, employees or others.
Every business is unique and has its own particular needs. Laying a proper foundation is essential to minimize problems down the road. You owe it to yourself to take steps to avoid unnecessary risks. If you are entering a business with others, you will need an agreement clearly defining the rights and obligations of the principals, especially in the event of deadlock or dissolution. If you are hiring employees or consultants, you may need nondisclosure and noncompete agreements. You may require more than one form of business entity to limit your overall risk. You will almost certainly require insurance tailored to your business needs.
In short, if you are willing to take the risks inherent in your business venture, you owe it to yourself to start off on the right foot. I can help.
Termination or Sale of a Business
Winding down or selling your business involves legal issues. If you are winding down your business, you need to satisfy certain requirements at the state and federal level. You must be current in your filing of tax returns and payment of business and sales taxes and employee withholding taxes. You also must be current in your annual reporting requirements at the state level. Once you have satisfied such requirements, you can then file a certificate of termination with the state. It is important to wind down a business properly; if you do not, you may continue to incur reporting, registration and tax requirements long after you have moved on.
Are you selling your business? Will your sale take the form of a sale of assets or a sale of shares? What is the value of your business? How will you allocate the value of the assets you sell, and what will the tax ramifications be? How will outstanding liabilities be handled? Will you continue to benefit from any outstanding accounts receivable at the time of sale? Will you continue to be obligated for any accounts payable at the time of sale? Will your buyer seek a noncompete agreement? If so, are you willing to accept such restrictions on your future activities? These are just a few of the questions to arise in the sale of your business.
As your attorney, I can assist you in the winding down or sale of a business. Call me to ensure you have covered the legal bases.
Litigation likely is the last thing you want to face in your business. However, if you are sued or need to sue others, I can help.
Few things can be more disruptive than facing a lawsuit. Business litigation can take many forms. Have you been sued by your partners? By employees? By third parties? What are the issues in the case? Are you adequately covered by your insurer? Will your insurer provide you a legal defense? Will you require separate counsel to protect your interests? What steps will you need to take to protect yourself? How costly will the process be?
It is often less costly to seek mediation or arbitration to resolve the lawsuit. Is your dispute suitable for mediation or arbitration? If so, how do you secure the consent of the other parties? How do you select a mediator or arbitrator? What will the ground rules be in either event? Even if mediation and arbitration appear unlikely, is direct negotiation likely to be productive? Even as you prepare your defense, you should also pursue options for settlement. Thorough preparation of your case typically provides a stronger basis for a favorable settlement.
Do you need to bring a lawsuit to protect your business interests? Have you reached an impasse with your partners? Has a current or former employee violated the terms of an employment agreement? Is a third party engaged in unfair or illegal practices having an adverse impact on your business? You will need to weigh the pros and cons of litigation very carefully before you take any action. Litigation is not only costly, but also uncertain. You need to know your options before seeking judicial relief. I can help define your options; I also can pursue litigation on your behalf.
Contact Me Today
Call me at 908-336-0268 or send me an e-mail to schedule a meeting with an experienced business law lawyer in Somerville, New Jersey. I look forward to hearing from you. Your initial consultation is an important step in securing and protecting your legal rights.