We know that you know your business better than anyone. But do you know and understand the laws that apply to each aspect of your business operations? Trying to navigate the legal landscape often is like tip-toeing through a mine field, never knowing for sure which path may be the right one.
That’s where our Business Counseling practice comes in. Allow us to help you successfully carry your business through the mine field without those surprising, and often damaging, blow ups along the way. Every business decision – from selecting the right business entity, to developing and protecting your intellectual property, to establishing (or, in some cases, terminating) business relationships – can have significant consequences for your business. Our attorneys can walk you through each of these steps and issues en route to helping you reach the right results for your business and take your business in the direction you want to see it go. Whether your business is a large, sophisticated and complex one, requiring considerable attention and time, or whether its a small start up business not yet on its own two feet, we have the skills, experience and right legal plan for you.
From the outset, setting up your business with the appropriate entity type, and requisite business organizational documents, will create the foundation upon which your business will grow. Thinking through and laying out the roles, responsibilities, rights and obligations for and between the partners, members, owners or other participants in your business will help ensure its survival beyond the ties that bind the initial organizers.
Noncompetition agreements, when drawn properly, can help to keep your most valuable employees from becoming your most antagonizing competitors. To be clear, these restrictions on employee mobility are becoming less favored by the courts. It therefore is imperative that any such agreement be narrowly tailored to limit only the most troublesome level of competition from your departed employees.
Nonsolicitation agreements can help guard against your departed employees soliciting your customers and even your remaining employees to their new businesses. Agreements protecting these foundational elements of your business are favored by the courts and should be a staple element of your paper arsenal.
Nondisclosure agreements help safeguard your valuable, confidential and proprietary business information by prohibiting your employees, vendors and/or customers from using or disclosing such information outside of your business. Such agreements also may be mandatory prerequisites to the successful prosecution of a trade secrets claim against a party making improper use of your business information. Knowing when and how to utilize such agreements will help ensure the vitality of your business and provide a significant measure of protection when you find the need to transition the matter from the boardroom to the courtroom.
In addition to those agreements above, relationships with vendors, customers, distributors and other third parties often depend upon careful documentation of the rights, responsibilities and obligations of one to another. Properly documenting these relationships will help your business maintain key positions and relationships and insure its success into the future.
For over a decade, we have litigated business cases involving these types of agreements. From that experience, we are able not only to prosecute and defend successfully your business litigation contract case, but also to offer practical advice in the drafting stages for each. Knowing what works and doesn’t work in court, which areas of such agreements are essential and which are likely to be disfavored, will help your business avoid costly, protracted and potentially unsuccessful business disputes later.