How a Business Attorney Can Help You Protect Your Company
Running a business isn’t for the faint of heart. It requires endless amounts of energy, effort, and strategy, and it’s not often successful without support. For example, say you run a fishing tour company that takes small groups of people out onto the Colorado River for guided tours and fishing trips. If someone is injured or damages your boat or private property while on your tour, you’re the responsible party. This is just one example of how a business attorney can help protect your company. Continue reading to learn more about what a business attorney can do to help you navigate legal challenges. Protecting Your Business InterestsYour business is more than the products you sell or the services you provide. It’s also your company name, logo, slogan, creative work, and more, all of which can be protected through intellectual property laws. But to gain this protection, you must clear a number of hurdles related to obtaining a business trademark or copyright.
Intellectual Property Rights and Intellectual Property Laws
A small business attorney can help you file appropriate trademark applications for your intellectual property and keep you protected from intellectual property theft. Specifically, a business attorney well-versed in intellectual property laws will do two things: 1) evaluate the goods or services you’re intending to protect with a trademark in order to submit an accurate and complete application; and 2) identify any conflicts or competitors that may delay your trademark approval under intellectual property laws. These two important pieces of your trademark application process governed by intellectual property laws often weigh heavily on whether or not your application is successful.Navigating New Employment Laws
Most entrepreneurs are aware of employment laws, but not everyone realizes that new employment laws can emerge from year to year. A business attorney can help keep a business aware of new employment laws that get introduced as well as navigating the nuances of both existing and new employment laws. Here are some specific areas related to employment law where a business attorney can provide valuable guidance with new employment laws.Drafting Employment Contracts
Are you hiring an employee or an independent contractor? An independent contractor contract is required to contain certain items, while an employee may receive an offer letter and review policies and procedures relating to their employment. A business attorney can help draft employment contracts so both parties understand the relationship being created and are protected from harm. These employment contracts often explain a person’s role, whether it’s for full-time employment or contract labor, compensation, and other important details like termination clauses and confidentiality. An attorney will help ensure no critical details are overlooked in drafting sound employment contracts.Dispute Resolution Clause in Employment Contract
If there’s an issue with an employment contract, a business attorney can help with dispute resolution, which often involves enacting a dispute resolution clause or mechanism outlined in the employment contract itself. Typically, that dispute resolution clause in employment contract means utilizing approaches like:- Negotiation: direct bargaining between parties without a neutral third party
- Mediation: negotiating with a neutral third party assisting toward conflict resolution
- Arbitration: each party presents their argument before a neutral third party arbitrator, who serves as judge and determines the resolution
Business Regulatory Compliance
Different laws and regulations govern how companies must act based on details like geography (local, state, federal) and industry. Like employment laws, these regulations around business regulatory compliance can change from time to time, and an attorney can help make sure a business remains compliant with the latest business regulatory compliance requirements and out of legal hot water.Strategic Business Planning and Transactions
No company grows without a business plan, and a business attorney can assist in various key growth areas.Mergers and Acquisitions — Working With an M&A Attorney
A business attorney, especially one specializing as an m&a attorney, can provide invaluable m&a legal support with the complexities of a merger or acquisition. This includes initial strategic planning, defining search criteria and ideal prospects, valuations, negotiation, contracts, and execution. To put it simply: you don’t want to pursue a merger or acquisition without trusted legal support.Commercial Real Estate With a Commercial Property Lawyer
Similarly, commercial real estate transactions can be complex and overwhelming, but working with a commercial property lawyer can help ease the process and ensure everything goes according to plan. A skilled commercial property lawyer assists with purchasing agreements, lease negotiations, financing complexities, ensuring compliance with zoning and real estate development laws, reviewing title and title insurance, and more.Commercial Litigation Disputes
Commercial litigation is typically something a business wants to avoid, but some disputes are impossible to resolve without pursuing commercial litigation. In such scenarios, having legal counsel experienced in commercial litigation matters becomes crucial.Types of Common Disputes
While there’s really no limit to the number of disputes that come up in the business world, there are some that occur more often than others.- Breach of Contract: One or both parties breaks the terms defined in a contract or agreement.
- Partnership Disputes: When business partners disagree on various issues like how a company is operated, how resources are allocated, succession plans, etc.
- Business Torts: Wrongful acts that result in harm to a business. Examples include theft, defamation, and fraud.