Business law starts with setting up a business. In the eyes of the law, each business is their own legal entity. Starting a new business typically starts with filing the paperwork that makes the business formally exist in the government’s eyes.
Many types of business entities are similar throughout the country. However, the exact entities that a new business can choose from vary by state. The process to file the paperwork to establish the business also varies from state to state. In California the most useful forms are generally C-Corps, S-Corps, LLCs, and LLPs all of which have their own unique protocol and procedure. Business lawyers help decision-makers weight the pros and cons of each entity when they’re starting or reorganizing a business.
A lot of business has to do with preparing and negotiating contracts. A contract can be anything from a lease agreement to a purchasing agreement to an agreement with a third-party vendor to sell a product. A lot of contract law comes from common law. Common law isn’t written down anywhere. Instead, it’s principles of law and rules that have developed through the courts over time. Lawyers in business law have not to only understand the elements of contract law from both statutes and common law, but they must also appreciate the nuances that might impact enforcement of a contract. They must work with their clients in order to skillfully negotiate and draft contracts that work to the client’s best interests.
Once a business is up and running, they might need employees. Businesses need legal advice to help them understand how to hire and fire employees. They need to know how to handle employee disputes and discipline. Businesses need to know what they need to offer employees in terms of pay and benefits. Business lawyers educate their clients on the rules and best practices for managing employe
Buying and selling isn’t as easy as it sounds. There are regulations that goven how companies can make products and how they can sell them. From working conditions in a factory to distribution requirements to price controls. There are all kinds of law and rules that might regulate how a company makes and sells its products.
One of the most influential documents for business operations is the Uniform Commecial Code. It’s a model code that outlines recommendations for commercial transactions. It covers topics such as the statute of frauds, contracts, leases, sales, credit, bulk sales and secured transactions. Business lawyers help their clients identify the laws that a business needs to follow, and they help ensure the company’s compliance with the laws.
Business law and immigration law often intersect. Businesses may want employees from other countries. They may want international employees on a full-time basis, they may need temporary workers, or they may need to bring in a worker just for a short period of time for a special event. Knowing how to navigate federal immigration laws is an important aspect of business law that helps companies get the manpower they need to succeed.
When someone has reached the retirement age and wants to rest and leave the remaining company that is still accruing revenue, he or she needs to consider a business succession plan. This is similar to estate planning, but this type of inheritance is an entire company that has methods and procedures already working for it that continue to sell products or services. This means, if the family member or dependent follows the same process that the owner has, it may be possible to continue with an entity that is thriving in the business world. The transfer of ownership may work similar to typical company sales with provisions, or the owner may give it as is without any necessary conditions.
The purchase and sale of businesses or their interests is common. We assist with the drafting and negotiation of documents relating to such transactions further including mergers, consolidations and recapitalization.
Real estate law governs who may own and use the land and buildings on it. This simple concept includes a wide range of different legal disciplines. First, real estate may be either residential or commercial. It can be owned by one person but used by another through rental arrangements. Land can be bought or sold, and due to its high value, there are many local laws that ensure real estate transactions are properly performed and recorded. Land may also pass between family members through estate planning, or may be owned by more than one person. Finally, state and local governments have rules concerning the purposes for which land may be used -- for example, each plot of land must be used according to local zoning laws, and landowners may not damage the surrounding environment.
The creation and protection copyrights, trademarks, trade secrets and other intellectual property is key to keeping your business competitive. We work with skilled veteran attorneys to handle your particular needs. This may be a simple incorporation into your agreements. Depending upon your industry and the size of your company this may involve the USPTO or even litigation.
The goal of any good business lawyer is to avoid litigation, but sometimes that is simply not possible. Common causes for litigation are breach of contract, unfair business practices, fraud, copyright infringement and employee related disputes. We will manage your case and work to the best resolution with the help of skilled veteran attorneys best suited to your needs.
We serve the communities of Santa Barbara and Ventura counties, and the greater state of California including, but not limited to the cities of Santa Barbara, Ventura, Oceanside, Oxnard, Westlake Village, Carlsbad, Santa Maria, Escondido, Encinitas, Camarillo, Goleta, San Marcos, Thousand Oaks, Simi Valley, Vista, Moorpark, Newbury Park, Carpinteria, Solano Beach, Ojai and Santa Ynez. We are a general practice focusing on estate planning and probate, family law and business law. These areas of law include, but are not limited to, trusts, wills, trust administration, probate and trust litigation, divorce, child custody, child support, adoption, spousal support, prenuptial agreements, business formation, governance and litigation. This website is for informational purposes only. Using this site or communicating with Seige Law PC through this site does not form an attorney/client relationship. This site is legal advertising.