BUSINESS AND COMMERCIAL LAW

Business and Commercial Law

HELPING BUSINESS OWNERS RESOLVE CORPORATE DISPUTES

When starting a business, entrepreneurs must consider countless issues; how should the business be structured? Where should it be located? Who should be hired? Rarely, however, is the prospect of litigious conflict with clients or colleagues considered and addressed until it is too late. Having an experienced business dispute attorney on your side in the face of conflict may, however, significantly reduce your company's exposure to liability thereby decreasing the probability of dissolution or an unwanted merger.

While you focus on where to locate your office or who to hire, the prospect of legal conflict often goes overlooked until it is too late. As a premier New York law firm, Prime Law Firm provides the experienced business legal service you need to reduce liability and protect your company's future. Whether you are just starting your business or are a decades-old member of the corporate market, our firm can provide knowledgeable legal counsel to assist you with the gamut of corporate conflicts that can, and often do, arise on a regular basis. Our firm provides knowledgeable legal counsel to assist with the full gamut of corporate conflicts.

RESOLVING DISPUTES

There are a number of business disputes, both foreseen and unexpected, that give rise to the need for legal counsel. Our primary objective in resolving conflict on behalf of our clients is to arrive at a solution benefitting all sides while avoiding the need to engage in costly discovery and an eventual trial. Our business dispute lawyers are adept at handling the sensitive and fact-intensive negotiations process and will work tirelessly to settle your dispute without judicial intervention. Of course, when the possibility of a negotiated settlement proves impossible or unworkable in light of the facts of the dispute, our attorneys will use their knowledge of civil procedure, corporations and commercial code laws to zealously advocate your position in a court of law.

Corporate disputes can vary from simple breach of contract claims to multi-million dollar allegations of fraud and misconduct. Our experienced business dispute attorneys routinely handle many of the following areas of commercial disagreement:

  • Contract Disputes: From disagreements with employees to issues with customers, we help negotiate mutual agreements. Disputes commonly arise in contracts for the sale and delivery of goods, employment or partnership agreements, insurance policies, non-compete clauses or commercial leases.
  • Shareholder or Partnership Disputes: We help resolve internal conflicts regarding governing policies to keep your company well organized. Our legal team can help resolve shareholder and partnership issues to give your company the opportunity to move forward in a positive direction.
  • Disputes with Other Companies: Litigation often arises when a customer or client is dissatisfied with a company's product or services, including disputes with suppliers, vendors or manufacturers. Working with our firm can significantly reduce your exposure to liability and help both parties maintain their corporate relationship and mutual trust.
  • Government Compliance: At one time or another, every company is faced with questions or issues stemming from regulations imposed by a government entity. Whether you have non-complex IRS compliance concerns or are unsure of how SEC regulations affect your company, our attorneys can help you understand the statutes and adhere to state and federal corporate rules.
  • Sales, Mergers or Acquisitions: Corporate restructuring can involve multiple areas of law from government compliance to shareholder liability. If your company is considering a sale, merger or acquisition, contact one of our knowledgeable business lawyers to discuss the proposed transaction and avoid a dispute before one arises.

BUSINESS MANAGEMENT STRUCTURE

One of the first and single most important decisions that an entrepreneur or founder will need to make when starting a new business is to figure out which type of business management structure they are going to use when they register their business, including:

  • Corporations (e.g., C corporations, S corporations, foreign corporations, etc.);
  • Sole proprietorships;
  • General or limited partnerships;
  • Limited liability companies;
  • Limited liability partnerships;
  • Limited liability limited partnerships; and
  • Various other business organizations that are permitted by individual state laws.

The business management structure that a business owner chooses can have a significant impact on a company's future performance or business success rate. This is because the way a business is structured will determine certain business rights, such as:

  • Whether or not the business can raise money from investors;
  • How many individuals may serve on the board;
  • Which persons may be held responsible for liabilities or debts incurred by a business; and
  • How the business will be taxed by federal and state agencies.

STARTING A BUSINESS

Starting a business is no easy feat. It often requires obtaining a lot of capital and making wise decisions right off the bat. Thus, some factors that a new business owner should consider when starting a business include:

  • Which business management structure they intend to register their business as;
  • Whether to start a business from scratch or sign a contract to operate a business that is already part of a franchise;
  • What type of business they want to run;
  • How many persons will have management or ownership responsibilities;
  • Where the business's main headquarters will be located;
  • Whether the owner would prefer to purchase or lease physical office space; and
  • How feasible it is for the owner to afford to keep their business afloat.

BUYING OR SELLING A BUSINESS

Whether a person is buying or selling a business, there are many factors that they will need to consider before entering into a specific business transaction. A person who intends to buy a business will need to perform due diligence prior to purchasing it. This may include reviewing the business's past and future financial records as well as whether the business has any overdue debt.

Although there are many benefits to purchasing an already existing business, such as having a pre-established customer base, trained employees, and leased office space, a buyer must still know what they may be getting themselves into prior to making a formal offer to purchase a business. Performing due diligence will not only alert a potential buyer to serious problems with the business, but can help them to negotiate a cheaper price when it comes time to buy.

Regardless of whether an individual is debating whether to buy or sell a business, it is strongly recommended that both parties hire separate lawyers before following through with the transaction.

COMMERCIAL LITIGATION

Disputes involving vendors, customers or competitors are an unfortunate reality of conducting business. In the event that issues cannot be resolved amicably, commercial litigation may be necessary for a business to enforce its rights. Regardless of which side of a conflict your business is on, it is critically important to have proper legal representation. Our firm has a proven history of achieving successful outcomes in commercial litigation in state and federal court. We provide offensive and defensive capabilities to clients across the business spectrum and are highly adept at resolving all types of business disputes.

WHAT IS COMMERCIAL LITIGATION?

Commercial litigation refers to any type of litigation, dispute or controversy that is related to a business issue. Some examples include:

  • Antitrust/unfair competition;
  • Business interruption;
  • Contract disputes (breach of contract/warranties);
  • Fraud;
  • Tortious interference;
  • Commercial debt collections;
  • Shareholder/partnership disputes;
  • Intellectual property disputes;
  • Consumer fraud;
  • Deceptive trade practices;
  • Employment disputes;
  • Nondisclosure/noncompete agreements; and
  • Securities matters/Finra arbitration.

THE COMMERCIAL LITIGATION PROCESS

When issues cannot be resolved amicably, commercial litigation may be necessary to enforce your rights. Our New York law firm has a proven history of achieving successful outcomes in state and federal courts. We manage every step of the process, including:

  • Investigation;
  • Pleadings;
  • Discovery;
  • Pretrial proceedings;
  • Potential settlement;
  • Trial; and
  • Appeal.

AVAILABLE REMEDIES

The damages that can be obtained in a successful commercial litigation depend on factors such as the circumstances of the case and the nature of the business. When necessary, our attorneys collaborate with a respected network of financial experts to conduct a comprehensive damages analysis. In any event, we will work to help you obtain compensation that considers all of your present and future financial losses.

Additional remedies include specific performance and injunctive relief. Specific performance is a court order directing a party to a lawsuit to take a specific action, such as delivering promised goods or services, when monetary compensation is not an option. Injunctive relief typically involves restraining orders or temporary or permanent injunctions, in addition to, or in lieu of, monetary damages.

SHOULD I CONSULT A LAWYER ABOUT MY BUSINESS AND COMMERCIAL LAW ISSUE?

Making one wrong decision about a business can result in serious consequences. Whether you are starting, purchasing, or selling a business, it is strongly recommended that you retain the services of a local business attorney for further guidance. An experienced business attorney will be able to offer advice that can help you make better decisions regarding your business.

As you navigate the facets of business ownership, our business dispute law firm can work alongside you to help avoid potential conflict or devise a workable solution once conflict occurs. For more information or to arrange for a consultation, contact our offices today.

Call our office today at (833) 388-7044 or complete the convenient online contact form to set up a consultation.