Tag Archive for: Business Law

10 Facts About Business Law Cases

/in ,

Lawsuits are the modern way of holding other people accountable through the court system. People can sue other people who have harmed them, as well as businesses who they believe are in the wrong. But what is business law, exactly?

Business law is any legal dealing between people in relation to commercial matters. A business could sue another business for copyright infringement. There could also be a disgruntled employee seeking financial restitution.

Here are ten business law cases that demonstrate how tricky and complicated legal proceedings can get.

1. Apple vs Samsung

In 2011, Apple filed a lawsuit against Samsung for copyright infringement. According to them, Samsung had stolen the design for its smartphones and tablets from Apple. This included aspects of its hardware and software, such as the layout of its home screen.

Ultimately, the United States Supreme Court decided in Apple’s favor, granting them $539 million. Despite the lawsuit, Samsung and Apple continue to push products that are similar to one another.

2. Florida Couple vs Bank of America

Banks losing lawsuits aren’t a completely strange occurrence. However, it is unordinary for them to completely ignore the outcome of a lawsuit.

In 2009, a Florida couple was wrongfully foreclosed on by Bank of America. They responded with a lawsuit that won them $2,500 in legal expenses. However, Bank of America decided not to pay the couple despite the judgment.

The couple, with the local sheriff in tow, showed up at a local branch of the bank and started possessing items. The bank was ultimately forced to give a check to settle the debt.

3. Sony vs Itself

Although two subsidiaries owned by the same company are supposed to work together, they can find themselves at odds.

In 2001, the Recording Industry Association of America decided to sue Launch.com. According to them, Launch.com wasn’t seeking proper licensing for its Internet radio service. Sony belonged to the trade association and was a part-owner of the Launch website at the time.

To an extent, this was one of the rare situations where a company was suing itself.

4. Oprah vs Farmers

Sometimes individuals find themselves on the wrong end of an entire industry. In 1996, Oprah Winfrey did a segment on the mad cow disease and how it was affecting the U.S. beef industry. By the end, she declared she would never eat another burger again.

Members of the Texas cattle industry filed a lawsuit together against Winfrey, alleging more than $10 million in damages due to what they claimed were libelous statements. Ultimately, the jury voted in Winfrey’s favor.

5. The North Face vs The South Butt

Business law cases are often fought over trademarks. One Missouri teenager found himself at odds with The North Face Apparel Corp. over his own parody company called The South Butt.

The name, logo, and tagline were all parodies of The North Face’s original ones. However, the teenager’s company capitalized on its association with the larger company. The lawsuit resulted in a settlement that prohibited The South Butt from continuing its business.

6. Carl Sagan vs Apple

Famous astronomer Carl Sagan once sued Apple over his name used as a codename in the 90s. Originally, he requested they change the name via a letter. They refused and changed it to BHA, which was short for Butt-Head Astronomer.

Sagan sued for libel, but he lost his case. They would eventually come to an out-of-court agreement with Apple making a statement of apology.

7. Hlatky vs Steward Health Care System, Inc.

Contracts in business law are one of the most important aspects. They decide whether or not there’s even a case to be fought.

In the case of Hlatky v. Steward Health Care System, the Supreme Judicial Court found the Defendant had committed a breach of contract. Hlatky was a cancer researcher whose research lab was driven into bankruptcy when support was withdrawn by Steward.

The following lawsuit ended with the plaintiff winning $10.2 million for damages to an asset she didn’t own.

8. Marriott Data Breach

In late 2018, the Mariott hotel chain was breached. Their reservation systems had hundreds of millions of customer records that were now taken by attackers.

A class action was taken against them alleging several violations. The plaintiff was one of its members that was made vulnerable by the breach. Mariott won the lawsuit due to the fact that no sensitive information was compromised.

9. Facebook Facial Recognition

Privacy and its related permission are some of the most important contracts in business law. If a user doesn’t approve of sharing information, then it can’t be used.

Facebook’s photo-tagging feature was innocuous at first. However, it used facial recognition technology to associate people in photos with their accounts.

The lawsuit against Facebook alleged that these scans were created without user consent and violated Illinois law. Its final settlement was $650 million and one of the largest settlements for a privacy violation.

10. Scarlett Johansson vs Disney+

One example of an online business law case is that of Scarlett Johansson against the online streaming platform, Disney+.

Since movie theaters were closed during the pandemic, Disney decided to upload many of its movies directly to its streaming platforms. Although Black Widow was one of the first films to screen in theaters once more, it was also added to the streaming platform for subscribers.

According to Johansson, that decision violated her contract. It could also potentially cost her more than $50 million.

The two parties reached a settlement in September 2021. The actual terms of the settlement were not made public.

Managing Business Law Cases

As much as you’d like to avoid business law cases, they’re a natural part of owning a business. Unfortunately, any public individual or business is at risk of a lawsuit for one reason or another. You may also find that you need to rely on the legal system to hold another company accountable.

When that happens, reach out to De Bruin Law Firm for help. Our office is located in Greenville, South Carolina, and we specialize in business law, criminal defense, estate planning, and real estate.

Contact us today to schedule a consultation.

How to Create Rock Solid Business Contracts

/in ,

Business is done with contracts. Getting yours right is critical. Getting them wrong can be costly.

No matter what kind of business you run, well-written contracts protect your interests. Good contracts keep things running smoothly.

Would your contracts withstand court scrutiny?

Understanding how to write contracts that work can help you ensure yours will hold up if disputed. So, here are the basic dos and don’ts of writing solid business contracts.

Writing Solid Business Contracts

You, your clients, and your vendors should be able to rely on the efficacy of your business agreements. To ensure your business contracts are reliable and legally enforceable, here are some basic “do’s.”

Keep It Simple, But Specific

We’ve all seen contracts loaded with complex legal terminology. All the “heretofores” and “thereunders” make it difficult, if not impossible, for a layperson to understand.

Using flowery language in an effort to sound smarter can backfire. If your clients can’t understand what the contract says, they may choose not to sign and to do business with your competition instead.

Be as specific as possible to avoid misunderstandings. Only use legalese if it serves to make the contract terms more precise or clear.

A Handshake Doesn’t Protect You

Under South Carolina law, certain contracts must be in writing. Agreements involving wills or trusts and contracts in the realm of real estate law must be written to be enforcible.

Although some simple contracts can be oral agreements, it’s difficult to enforce them should there be a dispute. Well-written contracts help prevent misunderstandings.

Be As Specific As Possible

Vague business contracts serve no one. The more specific your contracts are, the less room you leave for misunderstanding. Include as much detail as possible. Use precise terms.

Specify all payment terms and delivery or service dates and deadlines in detail. State clearly who is paying what to whom, and when they must make payment.

Likewise, describe in detail the service, product, or item that is being purchased. Include when and how the service will be performed, or the customer will receive their purchase.

Don’t leave anything open for interpretation or misinterpretation.

Correctly Identify All Parties

Like all legal agreements, business contracts must be clear about who is obligated to provide the goods or services to whom. It must also be clear who will pay for those goods or services.

So, you must use the correct legal names of the parties to the contract. If you are doing business with another business, use the full name of that business (including any Inc. or LLC) in the contract.

Don’t use the names of the people signing the contract. They aren’t responsible for fulfilling the obligation. Their company is.

Capacity and Duress

A legal contract requires that anyone signing it must have the mental capacity to do so. That means they must be free from mental incapacity and sober. Otherwise, the agreement isn’t enforceable.

Likewise, everyone signing a contract must be doing so of their own free will. Financial or emotional coercion nullifies the deal.

Contract Termination and Dispute Resolution

Sometimes the terms of a contract can’t be met by one party. Sometimes the deal can’t proceed because of, or the deal is halted by an outside influence. So, it makes sense to include circumstances under which the contract can be terminated.

Include a section that states specifically what you and the other party can and will do if you disagree about the contract’s terms. Will both parties agree to go to mediation or arbitration before taking the dispute to court? Write it into the contract.

Say Which State’s Laws Govern the Contract

If you’re doing business in South Carolina, your contract will be governed by South Carolina’s laws. Specify that in your business contracts. This is especially important if you do business with clients or vendors in other states or countries.

You may also choose to specify where you will mediate, arbitrate, or bring a legal action under the contract should a dispute arise.

Contract Mistakes to Avoid

Just as there are certain details that you should do for every contract, there are other things you should never do. These not only weaken business contracts; they can also cost you.

Using Ready-Made Contract Templates

There’s no denying document templates have made many business functions easier. But when it comes to business contracts, ready-made templates are risky.

Your business is as individual as you are. You have your own business practices, methods, and goals. The one-size-fits-all contract template doesn’t account for all the details that make your business unique. Consequently, it may not protect your interests if a dispute arises.

Promising the Moon

It should go without saying that you should never promise more than you can deliver. You also shouldn’t agree to pay more than you can realistically afford.

You should be certain you can honor the terms of your business contracts before signing them. That includes clearly defining the scope of all obligations and any applicable deadlines. Then stick to the contract terms.

Negotiating with Subordinates

If the person you are negotiating with doesn’t have the authority to sign the agreement, you’re speaking with the wrong person. Don’t waste your time negotiating with a subordinate.

You should insist on negotiating with the person who has the authority to sign the contract. Often that is the owner, president, or chief executive officer.

Business contracts signed on behalf of a corporation by someone who doesn’t have enough authority to make the agreement can’t be enforced. Protect your interests by negotiating with the right person.

Skipping the Lawyer to Save Money

It may be tempting to try to write your business contracts yourself. But that could be a costly mistake. To adequately prepare business contracts, you must fully understand the legal and regulatory environment of your industry and location.

Remember, lawyers must know the precise meaning of the sometimes obtuse legal terms that pepper many business contracts. If you don’t understand the legalese, an attorney specializing in business law can explain it to you and ensure that the contract works for you.

Safeguarding Your Business Interests

When it comes to protecting your business interests, you can never be too careful. No matter how thoroughly you’ve reviewed your business contracts, it’s a good idea to have your lawyer review them.

Our contract specialists are here to help ensure your agreements work for your business. We can help with business contracts, trademarks, mergers and acquisitions, business formation, real estate law, and other business law issues.

Contact our business law experts today. Let us help with your contracts so you can focus on your business.

7 Factors to Consider When Choosing Business Lawyers

/in ,

What do you love about owning your own business? Most likely, you enjoy selling something or providing a service that other people need or enjoy. But, who do you turn to when you need help with your business, and you don’t know the answer?

Business lawyers are there for you and other business owners when it comes to business legal matters. They assist with starting a business, writing contracts, contract disputes, and many other areas. If you encounter an issue with your business, you should contact a business sooner than later.

Choosing business lawyers can seem daunting, but we are here to help. Here are some things to consider when considering options for lawyers.

1. Integrity

When you select a lawyer, they represent you and your business. This means that you’ll want that person to have upstanding character. Lawyers need to be tough in some circumstances, along with stalwart.

What you don’t want is someone who will go to any lengths to resolve an issue in your favor. Once they have moved on, you are left to pick up the pieces of yours and your business’ shattered reputations.

A good way to root out the bad ones is to look at lawyer references and reviews. Many different sites offer reviews for lawyers and law firms. You should also cross-check those reviews with at least two other websites to get a complete picture of a lawyer.

If a lawyer is accused of shady behavior multiple times, they will do it again.

2. Consider Legal Experience When Choosing Business Lawyers

Integrity aside, the best way to choose a competent lawyer is to take their legal experience into account. You’ll want to verify that the lawyer you want to hire has experience with the issue you have. Talk to your lawyer and ask them questions to get a thorough understanding of their experience.

You should also see if they have other areas of expertise related to business law. It can be good to have some to call who is already familiar with your business if other problems arise.

Look at the track record of their cases and see how successful they are at resolving issues for their clients in their favor. This can help give you confidence in your lawyer’s ability. You should also consider the number of cases your lawyer has handled.

A lawyer who has been practicing for years will have more wisdom than a lawyer with less time on the job. This shouldn’t be the most important thing you consider, however. Lawyers who have a high success rate with their cases have a lot of wisdom to offer.

3. Experience as a Business Owner

Business lawyers have experience dealing with the legal aspects of business, but many do not have experience as business owners. They can understand, but it can be more difficult without firsthand experience.

When you are dealing with a large law firm, most of the lawyers at the firm will work for the partners. At a small law firm, however, the lawyer that handles your case might be a partner. This means that they will have the legal experience you need and share your business experience.

Business experience isn’t necessary for business lawyers to be effective. However, that experience can help them better understand the issues that you have.

4. Effective Communicator

Aside from knowledge of the law, one of the most important skills a good lawyer should possess is good communication skills. A lawyer’s job is to communicate with opposing counsel, the judges that preside over their cases, and juries. Your lawyer also needs to be good at explaining things to you.

Legal matters are difficult to understand, and your lawyer should communicate this in a way you understand. A good attorney should anticipate your questions and notify you about developments without you asking.

Not only does an attorney need to know how to communicate, but also the best communication method. Some matters may only warrant an email, but others may dictate an in-person meeting. Your attorney needs to read the situation and respond as appropriate.

5. Billing Structure

Legal services can cost a lot, especially if it takes your attorney a lot of time to address your issue. Hourly billing will cost you more if your problem only requires a few hours of a lawyer’s time.

Talk to your lawyer about the fee structures they have available. Find a lawyer with a fee structure that fits your needs at the time. You should also inquire if the fee structure can be adjusted if your needs change in the future.

6. Get a Local Attorney

Business laws will vary between states. Some districts in a state may have unique business laws that are different from others across the state. This is why you need someone familiar with the business laws in your area.

It isn’t impossible for lawyers not from your area to help you. However, they will need to familiarize themselves with local business laws. Much of their time will be spent trying to understand local regulations instead of playing an active role in assisting you.

7. Relatability and Transparency

An important element of a successful attorney/client relationship is the attorney’s ability to be relatable and transparent. As a client, you need to be able to get along with your attorney. Good rapport is important between an attorney and their client, especially when difficult subjects arise.

A good relationship will make it much easier to discuss these matters.

Your attorney should also communicate with you when the need arises to ensure you stay on top of matters concerning your business. The more comfortable the two of you are communicating with each other, you’ll both be able to tackle issues better when they come up.

Your Greenville Attorneys

Your care a great deal for your business, and when choosing business lawyers, we know you’re looking for someone who will do the same.

A good attorney should be open, reliable, honest, and an effective communicator. You will also need someone with plenty of experience; if they are a partner at their firm, they can also relate to you as a business owner. Find a business attorney in your district who is familiar with local business laws.

If you are in the Greenville area, De Bruin Law Firm has attorneys who can help with the legal matters of your business. We also have attorneys who specialize in real estate law, criminal defense, and estate planning. If you need legal help, schedule a consultation so we can assist you.

How Long Does It Take to Start a Business in South Carolina?

/in ,

Around 20% of businesses fail within the first year of opening.

But that’s why businesses have to make sure everything is planned from the outset. They have to make sure that they have the resources that can help with a slow business or if things don’t sell right away.

So, how long does it take to start a business in South Carolina that has a high chance of success? And what are the advantages of starting a business?

Here’s a look at the timeline it takes to create a business and the advantages of having a business.

How Long Does It Take to Start a Business?

Before starting a business, you need a business plan. You something that is going to outline your mission statement, your unique value proposition, and your target audience.

You have to create a plan around what your business is going to do. You have to figure out how it’s going to help people.

Planning is just the first step. And part of planning is figuring out what building materials you may need to construct your business.

There are also different levels of starting a business. You not only have to consider the legal aspects of what you need to start a business, but you also have to think about your marketing strategy and what makes your business unique.

The Legal Aspect

When it comes to the legal aspect, you may need an LLC, partnership, or some other form of business legality that legitimizes and projects your business.

In South Carolina, you will have to see how long it takes to form an LLC and what other requirements are needed depending on the county you live in.

The Small Things

The small things are getting everything you need to make your business successful. After the legal aspect, you will need to invest in marketing strategies.

You will need to invest in an online presence that can help attract more customers to your business, especially if you have a brick-and-mortar business.

Creating a marketing strategy can help you connect with your target market. It can help a business get started faster because they are driving in more customers faster.

Without a marketing strategy, people in South Carolina may not know your business has opened. They may know to shop at your business.

Financing

The final part that can affect your business timeline is financing. You want to know about your financing that is going to subsidize your business.

You may have to wait on a business loan or build savings to create your business. You may need to wait to open your business so you have the funds to pay for the legal and marketing aspects.

You also have to consider having an emergency business funding plan. This is in case there’s a pandemic or something unplanned happens to the business that you have to be financially prepared for.

What Are the Benefits of Starting a Business?

However, when you do start a business, even if it takes a year or a couple of years to get off the ground, there can be a lot of benefits to starting a business.

One of the best benefits is that you’re your own boss. You don’t have to be accountable to anyone else except yourself. But that also puts pressure on you to succeed.

You have to figure out what it takes to build a business in South Carolina and what can make you the most successful. Here are some specific benefits to consider when you do start a business in South Carolina.

Building Revenue

One of the best benefits of building a business in South Carolina is your building revenue.

You’re building a sustainable income with your own business. If you have everything planned and overhead accounted for, you can build a profitable business.

More importantly, you’re also building something sustainable for years to come. With revenue, you can invest in the future of your business.

But revenue also comes with building lifelong customers. You’re building customers that are going to continue to shop at your business for years to come.

If you invest in your business in South Carolina and have a solid marketing strategy, you can have consistent revenue because you have lifelong customers.

You’re Building Something for the Future

Another benefit to consider with building a business in South Carolina is that you’re building something for the future.

What this means is that you’re building something for the community of South Carolina. You’re building something for people, helping them solve a problem.

This helps you build a community of followers, of people who want to support your business.

In addition, the more you invest in your business, the more you’re investing in the future of what you’re doing in South Carolina. You’re looking to continue helping people in a particular area of South Carolina overcome a problem.

If you want to avoid risk in your business as you’re building for the future, you should consider hiring a business formation lawyer.

Now You’re Ready to Start a Business

If you’re wondering, “how long does it take to start a business in South Carolina?” The answer is it all depends. It depends on your business and what legality you’re going to pursue to protect your business.

It also depends on your marketing strategy and how long it takes to build your business from the ground up. You don’t want to rush the process and have it be costly for your business.

If you have questions about how to make your business more legal proof in South Carolina, you can contact us here for consultation.

Everything You Need to Know About Business Law

/in ,

Business law is a set of essential rules and regulations that need to be followed by every company. The concept of this is broad and needs a lot of insight to understand why it is so important for running a business.

Every business owner should educate themselves with these rules to be aware of their legal rights. This is significant because you may need to deal with a court settlement, legal action, and other matters that affect your organization.

Here is all you need to know about business law, so keep reading below.

The Basics of Business Law

Business law affects the operations of your firm. This can involve hiring or recruiting employees, production and manufacturing goods and services, sales practices, and any contracts you sign with suppliers or other parties.

Business law oversees every aspect of your business. This is to protect you if you are a business owner starting a new business, buying an existing one, or managing and selling one.

If you are selling goods or services, all your operations will be scrutinized under business law. Whether you are selling CBD edibles online or warehouse equipment, everything should adhere to state and federal rules. Any products you sell without legal permission can be punishable by law.

Commencing a Business

There are tons of rules you need to go through if you are commencing a new business. These primarily oversee tax obligations, financial regulations, and employment laws. Your company needs to comply follow them because they are your legal responsibilities.

Business law begins from the point you become an entrepreneur. The first stage as a business owner is picking the structure of your company. Avoid informal or formal partnerships because you may find yourself in hot water if your partners get caught up in lawsuits.

It is best to choose between forming a corporation or a Limited Liability Company (LLC). A corporation is a separate entity from its owners to provide the highest personal protection from liabilities. If the company goes under, your personal assets like homes and cars cannot be seized.

A Limited Liability Company also protects you if the company declares bankruptcy. Your own assets will not be at risk. Then you need to register your business, apply for a federal tax ID number, and obtain business permits and licenses to legally commence operations.

The Main Parts of Business Law

Think of business law as an umbrella that is shading tons of other laws from the rain. Some of the main ones underneath this umbrella are commercial law, corporate law, antitrust law, consumer protection law, intellectual property law, labor law, and contract law.

Commercial Law

Commercial law governs how businesses enter deals and contracts with each other. How you execute contracts and take care of problems that arise during the process come under commercial law.

Corporate Law

Corporate law deals with general matters, especially regarding the structure of your business. It tackles the incorporation of companies, directors, shareholders’ rights, board meetings, secretarial problems, and much more.

Antitrust Law

Antitrust law stops you from engaging in poor conduct that ruins the competitive nature of business. It prevents firms with powerful positions from abusing their market power. This ensures a fair marketplace for producers and consumers by punishing unethical practices.

Consumer Protection Law

This law protects your customers so they can buy goods and services safely. These rights ensure that businesses do not engage in fraud or mislead customers unfairly. The main entities that promote consumer protection are the Federal Trade Commission and Better Business Bureaus.

Intellectual Property Law

This protects your patents, trademarks, and copyright, and trade secrets so you can benefit from your designs and inventions. If someone uses your brand name or products without permission, you can take them to court.

Labor Law

Every company needs to take labor laws seriously. These protect all your employees to ensure that they are always looked after. You have a duty to provide the safest and fair employment conditions to avoid getting hit by legal action from a disgruntled employee.

Contract Law

Contract law enforces formal agreements. This way, transactions can occur smoothly without misunderstandings. If someone breaches any contracts, you can take the problem to court.

Ways to Avoid Litigations

Even if you do not have an office or storefront, business laws will still apply to you. These consist of internet compliance laws that can be enforced if you engage in improper business operations over the internet.

Company websites should also adhere to the Americans with Disabilities Act (ADA). This states that public spaces, even websites, and other soft programs need to be accessible by people with disabilities.

If you have been hit with a complaint about not fulfilling ADA rules, consider hiring a lawyer today.

Always have insurance to cover your business. These should include coverage for disputes and settlements if you do not want to deal with the court process.

Finally, as a business owner, avoid getting involved in types of boards, memberships, or associations that can lead to a conflict of interest with your company.

Have Everything in Writing

Having all your agreements in writing is a surefire way of legally enforcing them. Whether you are dealing with a client, employee, or supplier, always write everything down and get all parties to sign this document.

Too many problems occur when something is not done in writing. Then a court case can turn into a “he said, she said” type situation, which never ends well.

In all your contracts, state the terms and conditions clearly. This should include the performance between all parties involved, required communications, dispute solutions, and any damages that people will be liable for if they breach the contract.

This is the most basic type of written contract. There are more complicated ones, such as purchase agreements, independent contract agreements, franchise agreements, and so much more.

You should always hire an attorney to review all of these for you to protect your business. Do not forget to read every agreement before signing anything.

Choose to Work With a Business Law Attorney

Business law involves many rules and regulations that can be hard to follow, especially if you are a new business owner. Contact us today, and we can help navigate the complicated process, so you can focus on running your business smoothly.

9 Business Boosting Reasons to Hire a Business Formation Lawyer

/in ,

If you’re on your way to starting your own business, you should consider hiring a business formation lawyer. Although it’s possible to do it yourself, having competent legal advice is never a bad idea.

A good business lawyer will help you position yourself and your company so you can avoid risks and protect your assets. Because the law is complicated and not always obvious, it’s easy for laypeople to miss details. This can lead to negative consequences later on.

Here is an overview of what business lawyers do, and how they can help you establish your new company.

What Does a Business Formation Lawyer Do?

A business formation lawyer specializes in setting up your company with the proper legal identity and a foundation for success. They will know all about LLCs, incorporation, intellectual property, taxes, and more.

You can rely on a business lawyer to give you sound advice about what you need to do to comply with local, state, and federal regulations. Many regulations are designed for large corporations, but there are still enough that apply to small businesses for you to worry about them. Because there are so many, you may or may not have heard of all of them!

So, it’s better not to guess your way through the process of setting up your business. Having expert advice will help you avoid getting into trouble because you didn’t know about some odd requirement you’re expected to fulfill.

A business formation lawyer will also have established connections in the business community, so they’re a great source of referrals. You may be able to find marketing partners, financing, and other resources through this important networking relationship.

Why You Need a Business Formation Lawyer

Hiring a business formation lawyer can protect you in many ways. Here is a quick list of a few of them.

1. Protect Your Intellectual Property

When you set up your small business, you’ll have a company logo and advertising slogan that should be copyrighted and trademarked. If you’re selling patented products or need to file for patents, you should do this right away.

It’s also important to do a name search and website domain check to be sure your business name is unique and doesn’t overlap with someone else’s.

2. Deal With Tax Issues

Taxes can be very complicated! In addition to having a dedicated accountant or bookkeeper, you should have a business lawyer. They can advise you on what taxes you’ll need to file, how, and when. They should be able to help you save money while also staying compliant with all the requirements.

3. Get the Licenses You Need

Most states and municipalities require small businesses to have a license, but in some cases, you may be exempt. The key is to know what the standard is for your particular industry. A business lawyer can file for your licenses and help them stay current.

4. Pick the Right Type of Business for You

Choosing a sole proprietorship, LLC, or corporation can be tricky. It all depends on what you’re doing or selling in the business and the kind of protection you want to have.

There are also several types of corporations, with different tax requirements that will affect your take-home pay. To get the best outcome, it’s helpful to discuss the various business entities with a business lawyer who’s familiar with what’s normal in your industry.

5. Set Up Your Contracts the Right Way

Small businesses almost always use contracts for all transactions with their clients and business partners. You’ll want to be sure that your contracts don’t include any loopholes that can be used to take advantage of you.

Your business will need service contracts, disclaimers, and privacy and confidentiality agreements, among other things.

6. Protect Yourself and the Business From Liability

If you have a conflict with another company or a customer, you’ll need to hire a business dispute lawyer. Fortunately, setting up your contracts properly in the beginning will help you avoid eventual problems.

Any relationship you enter into, whether it’s with a customer, partner, or employee, should be totally legal and clear. This lessens the chance that you will be sued or taken advantage of if disagreements develop.

7. Establish the Right Employee Policies

Employee law is another area that requires expert advice. It’s a highly regulated area and you need to be sure your policies comply with all standards of fair treatment.

Having good employee policies will help you survive in the event that you have to handle tricky employee issues. If you’re doing things the right way, you’ll have little to worry about.

8. Close, Sell, or Dissolve Your Business

If you get to the point where you’re ready to sell or close your business, a business lawyer can help you manage all the steps. You’ll want to protect your assets and make sure you don’t leave yourself wide open to lawsuits or losses later on. A business formation lawyer can help you handle the real estate and property issues, taxes, and asset distributions involved in these types of cases.

9. Help You Handle Partnerships

Partnerships are another tricky legal area, since people can develop disagreements, want to move on, or even pass away unexpectedly. Planning ahead for anything will help you and the business survive whatever happens.

Finding a Business Formation Lawyer

There’s no doubt that working with an experienced business lawyer has many benefits. So how do you find one?

You could do an online search for “the best business lawyer near me”, or you could choose a firm with clear experience. In addition to being lawyers, we’re also small business owners, so we understand how it is to get started.

We know how to advise business owners in multiple industries, including retail, freelancing, tech, real estate, and more. To schedule a consultation about your business start-up needs, contact us today. We look forward to speaking with you!

5 Advantages of Having a Small Business Lawyer

/in ,

Your business may be classified as small, but it’s everything to you! You have poured yourself into it and know it inside and out.

And while you may be an expert in your business field, chances are you may not be an expert in the law. That’s why having an experienced small business lawyer on your side is a good idea.

Don’t wait until you are in a jam or have been sued. A good lawyer can help prevent those from even happening at all.

Read on for 5 benefits of a small business lawyer.

1. A Doctor for Your Business

You depend on a family doctor to keep you healthy and live a long life. Think of a lawyer as a doctor for your business.

It is their job to protect your dream and livelihood and keep it operating at top capacity while avoiding unnecessary lawsuits and drawn-out legal proceedings.

They will help organize the business structure to best suit your long-term objectives. Do you want a partnership or sole proprietorship? Do you need an LLC, or should you form a corporation?

There are risks, liabilities, tax implications, financial considerations, and other legal matters depending on which route you choose. It pays to have someone with legal experience to help make the right decision.

Your personal small business lawyer will continue to monitor your business model to keep all aspects running smoothly.

2. A Contract Specialist

Almost every decision made regarding your business from day one will involve some type of contract, from customers to suppliers to employees.

Unfortunately, the days of handling details with just a firm handshake are a thing of the past. It is in your best interest and your dream business to have everything in writing and legally correct.

You want to be fair with your employees, but you must protect your business. Non-disclosure or non-compete agreements may be needed to keep your business secrets and plans from falling into outside hands.

Vendors are your lifeline and require mutual respect and the flow of information. There are also times when a well-worded contract by a skilled small business attorney will save you both time and valuable money in keeping your business afloat and profitable.

3. To Defend Intellectual Property

If your business is the product of years of dreaming, planning, thinking, and ideas, then the final achievement is your intellectual property. The last thing you need is someone to steal your concept and claim it as their own.

Inventions, logos, designs, software, brand name, original productions, and even services are considered your intellectual property. To protect them, you might need copyrights to register trademarks or even patents.

Don’t risk losing all your hard work by not taking action to protect them. And don’t trust just anyone with this information. Your small business lawyer knows how to preserve this data and knowledge.

4. For Your Real Estate Ventures

Maybe you started your business from your basement or living room, and it’s time to expand. Or maybe you want to start the gate in a brick-and-mortar building.

Whatever your real estate needs are, make sure you have an attorney in your corner. Leases and other agreements have a lot of fine print but are still often negotiable. Don’t get caught in a situation you can’t get out of.

From start-up to moving up, your small business lawyer will have your real estate needs covered.

5. To Help Arrange an Exit Strategy

Few businesses are run and maintained solely by one person. Whether you have partners or shareholders, there will come a time when someone wants out.

Even under good circumstances, there are still legalities and financial impacts involved when someone leaves. A business attorney negotiates buy-back or buy-sell agreements so everyone is covered and the business still has the capital to operate.

How to Pick the Best Small Business Lawyer for Your Business

Now that you have answered the question should my business have a lawyer, your next step is to find the best one for you. Here are some things to consider.

Their Experience

There are many levels of legal services you will need with your small business. Make sure the attorney you choose is experienced in each of them.

You don’t want to have to hire multiple lawyers to do multiple jobs. Find one who can help you with all your needs.

Their Knowledge of Your Type of Business

All businesses are not created (or run) equally. There is not a one-size-fits-all legal approach either.

Your small business lawyer is also your partner. They should be knowledgeable about the type of business you run. This helps them keep up to date on all related laws, potential road bumps, and how to help plan for your future.

Their Connections

While you want your attorney to cover all your legal bases, they may come when they need to reach out for additional help or resources.

A well-established lawyer will have a network of connections. This will enable them to bring someone in to help that they know and trust.

Their Attitude

Simply put, can you see yourself working with them? You will not see them every day, but you must be able to get along when a need does arise.

They should be approachable, easy to reach, and dependable. Your business’s needs must be a priority, and dealing with them should be pleasant and not another chore.

Their Fees

As with any valuable resource, your small business lawyer is a financial investment. However, you owe it to your bottom line to understand their fees and payment structure.

Perhaps you want to pay per project as needed. Others may opt to have their attorney on retainer. This is a negotiation process that both parties need to agree on for the benefit of both.

Don’t Risk Your Life’s Dream

From the first day, you thought about starting your own business; everything has led to this point. Don’t risk all that time, money, and effort by not being prepared and represented.

A small business lawyer will be by your side through the ups and downs and will always work to have your best interests in mind. From contracts to protecting your brand to keeping you out of the courtroom, they do their job so you can focus on yours.

Here at De Bruin Law Firm, we are a full-service law office dedicated to making our clients a priority. We specialize in business law and would love the opportunity to work with you.

Reach out today for more information on our services.

How can someone protect their business from potential lawsuits?

/in

One of the most important things to remember about protecting your business from a potential lawsuit is remembering that there is no way to protect yourself from everything. In this day and age, anybody can file a lawsuit for any reason. The merit of the lawsuit can be determined later on, but there is no way to protect yourself from a lawsuit being filed against your company. The best way to protect yourself from a claim or lawsuit is to create processes and systems within your business that you are dedicated to. If you have a system for billing vendors, you should adhere to that system. This creates document and paper trails that you can refer to if needed, and also creates stability within your company.

What are some alternatives to business litigation?

Settlement and negotiations can always take place before litigation. Even if you believe you will win, litigation is time consuming and not always the best way to go about things. Resolving the issue prior to litigation is in the best interest of both parties. If that’s the situation, we’ll certainly make you aware of it. We seek to negotiate with other parties and attorneys while simultaneously not disrupting your daily business functions. However, if the other party is not willing to resolve an issue, litigation may be your only choice.

This is sometimes caused by a breakdown in communication, and the only way to get that communication started again and resolve issues is to litigate. These situations are considered forced communication, which causes both parties to come to the table and seek a way to resolve an issue.

Why do businesses really need a business law attorney?

It’s important to remember that you don’t know what you don’t know. Business law is very extensive, and although several issues can be researched, the problem is if you’re missing something, you may not be aware of what it is that you are missing. If you think you are doing everything right legally as your business moves and you are answering these questions because you’ve done your own research, you could be right, but you could also be wrong. It is much better to have someone tell you that you are wrong up front, so you are able to fix it, than to have the court tell you later on that you are wrong.

At the end of the day, business law attorneys at our firm feel that it is our job to help you navigate. The businesses that we see get themselves into the most trouble are the ones that feel that it’s just better to do it on their own to save money. Oftentimes, the desire to save money today means spending twice as much tomorrow.

At the De Bruin Law Firm, we are business owners, so we understand that. It isn’t easy to decide to pay someone for a service that you think you may be able to do on your own. You always need to ask yourself, what is the best thing for my business? The pain and complications involved in litigation aren’t a good thing for your business. At the end of the day, your business is about providing a product or service. Anything that takes away from that should be dealt with as efficiently and effectively as possible. Our belief is that having a business law attorney will help you with a lot of the issues that arise in the life cycle of your business.

For more information on Protecting Businesses From Lawsuits, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

What are some examples of businesses and companies you work with?

/in

The De Bruin Law Firm represents many various types of businesses, in industries including software, construction, national and international manufacturers, real estate, national and international distributors, and local startups. We represent these companies in the majority of their legal matters. If you provide the service or a product to the general public, we have experience representing an area that you probably serve.

Although we are more selective with who we represent, we do also serve select nonprofit clients. This covers areas of business from brick and mortar stores to completely cloud-based services, such as tech companies.

What questions should I ask before starting a new business?

When you start your new business, the first thing you should always ask is what the purpose of your business is. Are you going to provide a service for people, or are you going to provide a product? The next question you should as is what your ideal kind of customer is. This will help you narrow down your industry and your market. If you are a first time business owner, it may take a little bit of time to really grasp what it means to discern who your ideal client and customer is.

Next, you can decide if you are going to be a brick and mortar store or if you are going to be online based. Another important thing to decide is how you are going to market yourself to your target audience.

From there, you can ask some more specific questions, such as, how are you going to raise capital? Are you going to be an LLC, in which every employee has a day to day activity, or a corporation, in which you have investors? Deciding which entity formation will play a large role in the growth of your business from that point on.

What qualities should I look for when retaining a business law attorney?

When selecting a business law attorney, the first thing you should look for is an attorney that has experience in the nature of your business. This means finding someone who has handled business plans like yours and has experience in with your marketed objectives and goals going forward. Next, it’s important to find an attorney that is experienced in business planning. When big decisions arise, it is easy to become reactionary when something happens. This can be expensive and inefficient for your business. If you have an attorney that has experience in handling startups and established companies, they can lay out a business plan based on your objectives and goals in order to help navigate obstacles that arise.

For more information on Businesses & Companies In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

What are the common business law matters that you handle?

/in

We commonly represent business law clients in South Carolina, dealing with technology and software development, manufacturing, professional services, and a multitude of other industries . A portion of our clients are bootstrap startup companies that are trying to grow not just organically in South Carolina, but also with a new and innovative idea. We also represent both manufacturers and service industries, whether they are builders, developers, or if they make specific products, cabinetry, custom metal work, etc.

We also have a large pool of international clients, specifically in the dental industry, and a few other industries that are trying to get their products to market in the United States. We represent them and assist them to gain compliancy with US government laws as well as helping to sort out their infrastructure in the United States, whether that’s shipping, accounting, employment, staffing, or human relations.

What is the role of an attorney in business planning and formation?

As your business planning attorneys, we find the most efficient solution to your business’s everyday problems…for example, if you’re selling your product in other states, how do you make sure that you are complying with all the laws from state to state? Or, if you have an agreement with a shareholder or a vendor, how do you make sure that you’re both protected while also ensuring that it is an efficient agreement that will allow you to go forward within your business relationships with others, and simultaneously protect your interests?

Solving these problems on a day to day basis is one of the things that our clients have said that they’ve enjoyed about us. We have several repeat customers and referrals because we do our best to make sure that your business relationships overcome a lot of the hurdles that end up leading to litigation.

What are the different corporate services that you provide to clients?

We handle the review process of any business agreement, any kind of contract, as well as the creation of business agreements that occur in the day to day between clients and vendors, customers and clients, from studios that need membership agreements to major mergers and acquisitions and shareholder buyouts. We have handled it all and we handle it regularly.

Why is an attorney needed when buying or selling a business?

The most important part of buying or selling a business is communication. Whenever you’re buying or selling a business, as well as in a merger or acquisition, there are a lot of moving parts. One of the attorney’s jobs is to make sure the communication is present between all parties and being able to effectively communicate a client’s position to the other side in a way that keeps everything moving forward. At the end of the day, whether your client is buying or selling the business, there’s a desire to go forward in that process. It’s our job to both protect their interests, but at the same time, not be the reason why it stalls. Our job is to make sure that everybody is in the loop and, first and foremost, protect our clients.

What are the common business related lawsuits that you handle?

The majority of lawsuits that we handle arise from agreements or contracts, prior to our representation, in which a potential client or business comes to us after finding that they have a disagreement with someone over this agreement or contract.

Unfortunately, we see a lot of people getting stock contracts off illegitimate websites. We had one situation in which someone came to us thinking they had bought a business. They had not. The contract that they had signed was for the purchase of equipment. The business that they thought they were buying was a completely online business without any equipment. Occasionally we have situations like that, where unfortunately, because an individual didn’t seek legal counsel or legal representation in the beginning, now they’re at a position where it’s at litigation and it could have been avoided.

For more information on Business Law In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

Common Business Law Questions:

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

Our Services

Quick Links

    Contact Us