General Legal Considerations

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Business Formation

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.

Contract Drafting and Negotiations

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.

Employment

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

Sale of Consumer Goods

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.