Resolving Disputes with an Expert Business Law Firm in California

In California, business disputes happen in one way or another. Especially when engaging into transactions with other companies, suppliers, clients and even partners, it is very possible that disagreements will arise.

With these problem occurrences, the business manager has to make an important decision to prevent losses and further damages to the company – whether to file a case in court or to engage in an out of court settlement such as arbitration.

What legal experts suggest

Because of the tremendous advantages of dealing with a corporate dispute, majority of the business law firms in California firmly recommend opposing parties to resolve the issue outside the court. In fact, arbitration is fast becoming a popular means of settling commercial and business disputes all over the country nowadays.

Mainly, the following are the reasons why most disputing companies enter into arbitration rather that a court litigation.

  • A court case may take a lot of time to be resolved. Fast resolution of a case is important in many instances, especially if the issue is affecting the company operation. Unlike court litigations where pre-trial procedures are necessary, the arbitration process does not require these time consuming steps. Also, the non-application of court rules on evidence is an added factor that prevents unnecessary motions in arbitration.
  • An arbitration maybe done privately at any time and place by both parties, preventing the public to identify the dispute. This means the arguing parties will have more control over their own argument. Besides, because some disputed matters should be held confidential for it may create bad image on either parties, it is advisable to inhibit others to know of the problem.
  • Court litigation may cost both parties a large amount of money in paying for attorney’s fees and attending the hearings. In corporate cases, many lawyers charge their clients per court appearance. Therefore, a speedy resolution of a business dispute will certainly lessen both parties’ expenses.

Arbitration process

Arbitration is slightly similar to court litigation. This procedure is also carried out before a neutral party to make his decision for the disputed matters after both sides has been heard. The defendant should also be given a copy of the complaint and be given time to prepare his response. If both parties agree to settle the problem outside the court, it would only be then the arbitration procedure will push through.

Similarly, the plaintiffs should have to present their respective evidences to prove their cases while the defendants may also provide their counter-charges and/or explanations to contest the disputed issue. The arbitrator will then make his decision based on these presented evidences. Typically, the arbitrator’s judgment is legally binding and final.

The need for representation

Notwithstanding the many benefits of arbitration in resolving a business dispute, still, the opposing parties must be properly represented by their respective business lawyers. This will ensure that all their rights will be well protected as suggested by the existing arbitration rules and regulations.

In addition, a competent lawyer coming from a reputable business law firm in California will lessen their burden of preparing the needed documents and evidences. An advocate will also explain to them all about the status of their case and make sure that they will end up in a fair settlement.

Get the help of competent and reliable attorney services in resolving business disputes.

The Importance of Business Law

If you fail to prepare, you prepare to fail.

A business is started not to fail but to succeed. There are a number of books that offers marketing strategies, guides and tutorial. There are even seminars and courses for those who want to engage in business. Still, thousands fail.

Preparing your company nowadays is an easy task. You can easily get marketing ideas on the internet. You can research and gather more information easily. You can attend short courses to improve your skills. You can better and cheaper suppliers on the World Wide Web. You can contact advertisers to promote your product or services.

But there is one thing you can’t read on books neither learn on business courses. And these are the legal services of business attorneys. A number of marketing and sales books can help you build new strategies but only business attorneys can give you legal advice with regards to your company. If you are building up a new business, you don’t want to mess up with the court. Even some of the greatest and the biggest businessmen that failed to seek counsel of business lawyer crashed.

Maybe you have the best talent for a particular company,you may have the capital, you may have the work force and you may have the knowledge – but business laws. Here in Texas, you have to be aware of certain business law. Texas Business law may cover fraud and deceptive practices, contract disputes, refusal of insurance claims, bankruptcy, right of creditor, partnership and corporate disputes. There also specific laws for real estate, oil and gas business and business sales and purchases. In addition, you should familiarize with draft and review of contracts and leases, employment contracts and even insurance policies.

These tasks are not for business persons but rather for business lawyers that have wide experience as well as educational background. You should seek for legal advice with business lawyers. Though you might not need permanent business attorneys, you can always hire one if you ever needed them. You don’t necessarily need an attorney who knows every single law, but rather a marketable business lawyer. This business lawyer must be familiarized with Texas business law, and should know what business you’re into. The business lawyer should not only assist you on the court but also give you legal advice whenever you need one.

Business Laws For Small Businesses

Talking about business laws in microscopic detail would need a couple of months of your time! There is indeed a plethora of legislation that governs small businesses, ranging from state to county laws. Some are relevant to your business even today whereas others are outdated and have not been enforced since the early part of the last century!

It is not possible for any single entity, including your local law enforcement department to know them all. Yet, it is vital that you are familiar with at least the most important laws that pertain to your business. As usual we’re here to help.

Business laws fall into certain categories as listed below:

o Business formation laws – these laws pertain to the structure of the business. For example a sole proprietorship is regulated very differently from a corporation.

o Tax laws comprise laws pertaining to all taxation issues, whether it is the filing of returns or the payment of sales tax, corporate tax and other similar levies.

o Employment laws – these govern recruitment and retrenchment of employees, wages & workers’ compensation, unemployment benefits, workers’ rights and related issues.

o Trademark and patent laws – these laws pertaining to ownership of intellectual property such as inventions, trademarks and patents.

o Environmental laws – Companies engaged in the recycling of material and the discharge of hazardous waste must comply with environmental regulations.

o Consumer protection laws – these protect the consumer from fraud or unfair business or advertising practices.

Headache, already? Here are a few tips to help you deal with it.

One size doesn’t fit all. We just talked about some of the important legal categories under which you will find regulations that affect most businesses. In addition, specific laws may apply depending on the type of activity involved. If, for example, you are selling company stocks you will need to adhere to the Securities Law, but for a medical practice, there’s an entirely different set of rules that come into play. State laws may also dictate how contracts and legal documents are to be written and enforced.

Start at the beginning. Just as you craft a business plan in stages, look at the whole legal puzzle bit by bit. Begin with the laws pertaining to the basics of starting a business. Do you need a business license or a special permit? Are you planning to hire employees or will you go it alone? If your business sells goods, it will need to pay sales tax. Look at each business aspect carefully to understand which category of laws apply to it.

Know only what you need to. If you are in business by yourself, for example, you won’t need to bother with laws governing workers and staff until you are ready to hire additional people. Likewise, if you are in a service business, you typically won’t need to bother yourself with removal of hazardous waste.

See the bigger picture. As your business grows, so will the number of applicable laws. Always examine the legal angle when you plan new projects and initiatives. Also, discuss all potential significant legal matters with your advisor.

Ensure compliance. Be unafraid to ask questions of your legal advisor and do not assume something is legal just because it is a common trade practice. Also talk to the local Chamber of Commerce or other business owners to make sure you are on the right side of the law.

Make amends. Finally, should you find that you’ve contravened a law without intending to, take remedial measures. The law is quite lenient with first time offenders – of course, it also depends on the nature of the violation.

Having to deal with laws and legislation may seem a drag, but there’s no denying their importance. Taking adequate steps to ensure that you have to run into them only as much as you need to!