BUSINESS FORMATION
The first step in starting a business is to determine the basic legal structure of the business, and to properly record the business name with the Secretary of State and other appropriate agencies. We help our clients choose the proper form of business entity to match their needs related to limitation of liability, taxation (working with a client's tax professional), management, and profit-sharing. We also assist in ensuring that the business name is registered, such as through "dba" registrations with the State and appropriate counties, and we assist in retrieving Employer Identification Numbers (EINs or tax payer IDs).
We can prepare and file all the necessary documents including:
- Certificates of Formation (for C Corporations, S Corporations and LLCs)
- Limited Partnership or Limited Liability Partnership (LLP) Agreements
- Limited Liability Company (LLC) Operating and Member Agreements
- Corporate Bylaws
- Stock Transfer or Buy-Sell Agreements
- Company Minutes / Unanimous Consents
- Banking Resolutions
If you are considering starting up a new business or need to create a new legal entity for the operation of an existing business, call me for a consultation.
CONTRACTS
We advise our clients on a variety of contract matters. As our clients understand, sometimes the well-crafted contract is the best litigation prevention measure. Therefore, we strive to keep our clients out of legal trouble and to protect their interests.
We counsel clients with respect to:
- Review of proposed agreements
- Real estate transactions
- Sales agreements
- General business transactions
- Partnership agreements
- Leases
- Financing Agreements
- Settlement Agreements
If you have a question or issue involving a contract, or you want your contract reviewed, please contact me to set an appointment to discuss your contractual needs.
COMMERCIAL LITIGATION
These days, being in business likely means that disputes will occur and resolution of these disputes often involve litigation. It is important that business clientele prepare in advance for these disputes by properly preparing agreements, leases, and contracts to provide the best possible insurance that the litigation, if it takes place, will be a quick resolution. The reality, unfortunately, is that contracts, are often drafted without the input of counsel. Everything is fine - until everything is not fine.
In these situations, litigation may be necessary to interpret the provisions of these agreements and determine the relative rights and obligations of the parties. The litigation process, when demands and negotiations fail, involves filing a lawsuit with a court of competent jurisdiction. As judges collectively believe that business solutions to problems is superior to the uncertainty of a jury verdict, the process for litigation usually involves mutual document exchanges and depositions to ensure that all parties are fully evaluating their respective claims appropriately. After the discovery process, if there is no settlement, a case is resolved either through a disposition without trial (like a motion for summary judgment / mediation), or through an evidentiary trial.
If you have an issue involving litigation or anticipated litigation in Texas, please contact me for a consultation.