Business Laws: What You Need to Know

There are a myriad of things you must think about when opening any type of business whether it is a small business or a large corporation and one of those is how business law may affect you. Failure to pay attention to business and corporate law can land you in a world of trouble-both legal and financial. The good news is that you do not necessarily need to be a graduate of a fancy business law college or have a business law major to brush up on the basic ideas of small business law and corporate business law.

If you’ve paid attention to the headlines lately, you probably know that employment law for business is one of the number one areas where you can get into trouble if you aren’t up on all the employment laws and regulations. There are numerous laws that govern the employment of both regular employees and contract employees. Just for a broad overview, take a look at all the employment business laws you must meet:

· Civil Rights Act of 1966

· The Equal Pay Act of 1963

· Americans with Disabilities Act

· The Immigration Reform and Control Act of 1986

· The Age Discrimination in Employment Act

· The Equal Employment Opportunity Act

· The Bankruptcy Act

· The Occupational Safety and Health Act

· FMLA, the Family Medical Leave Act

· Employee Polygraph Protection Act Labor Law

· FLSA, the Fair Labor Standards Act

And that’s not even counting the various state employment business laws that might apply to your business! If you aren’t sure of whether you are meeting all the regulations, it’s a good idea to get a checkup for your HR department.

Do you happen to work in the international arena? If you have anything at all to do with international business, then you should be aware of the many ways in which international business law can affect you, your business and your bottom line. At a minimum, you need to make sure that you meet general international business laws, specialized export laws, import laws and any laws of the foreign country in which your business operates.

And what about the business law scene at home? Were you aware that in addition to Federal business law and international business law, you are probably required to meet State business law regulations? Do you know whether you need a business permit or license? Failure to obtain one can result in the shutdown of your business and hefty fines and penalties. This is just one of the ways that state business law, such as California business law, can affect the health of your business if you aren’t careful to stay on top of things.

Finally, what about Internet and online business laws? Were you even aware that there was such a thing? The Internet has exploded so much in the last decade that the government has found it necessary to institute Internet compliance laws. If you operate a website of any kind and do not meet the compliance regulations, that site could be shut down and you could face criminal prosecution and hefty fines.

Of course, no one should ever attempt to navigate the complexities of any type of business law alone and the best course of action is to always seek the qualified professional advice of a business law firm, but hopefully these tips will help you to understand a little bit more about business law requirements.

Summary: When operating a business, regardless of whether it is a small business or a large corporation, you need to be on top of business law compliance. Even if you hire a business law firm, it’s still a good idea to understand what regulations you must meet.

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.

Services You Can Get From a Business Law Firm

If ever you are wondering what particular services you can get from a business law firm, the following can help answer the questions you might have in mind. I have gathered some of notable legal services below.

A business law firm can help address issues concerning the following:

Civil litigation

A business law firm can help in civil litigation. This has something to do with addressing issues like purchase and sale contract breaches, service and supply contract breaches, shareholder and partner disputes, trade secrets, fraud, etc. It can provide representation to clients in all forum of dispute resolution, including jury trials, arbitration and mediations.

Construction Law

It is also able to provide client support in all aspects of construction law including contract review, bid protests, construction claims, prevailing wages and labor disputes, negotiation through project assistance, business formation and licensing. Dispute resolution can be through litigation, mediation or arbitration.

Corporate and business

For corporate and business issues, it can help clients in entity formation and infrastructure, commercial transactions such as manufacturing and supplier agreements, merger and acquisitions.

Estate planning, trust and probate

Clients go to business law firm for estate planning, trust and probate issues. Some of these issues that a law firm handles include assets and healthcare decisions, ensuring children, ensuring estate, issues on concerning inheritance, etc.

Intellectual property

For intellectual property issues, a business law firm can help in litigation, which includes trade secret, unfair competition, patent, and the like. It can also provide assistance for your technology transaction needs like licensing, manufacturing, development and distribution agreement.

Labor and employment

For labor and employment, it can represent employers in all facets of employment law, which include defending employment discrimination, wrongful termination, unfair completion, sexual harassment, and the like. It can also help in labor relation issues such as includes organizing union campaign and terminating union contract, etc.

Real estate law

A business law firm is also capable of providing assistance for real estate issues such as property purchase and sales, real estate litigation, commercial leasing, title issues, easement and license dispute, as well as real estate broker and agent commission disputes.

So, now that you know some of the services a business law firm can give the next challenge you may face is knowing which particular legal service provider to choose the moment you will need these services. As a general rule of thumb, it is imperative that you are able to check its reputation and the following criteria can help: years in service, number of complaints, number of good reviews from both previous and current clients, and certifications.