Business Attorney Orange County
Practice Areas
Experienced Business Litigation Lawyers Serving Orange County
Marshack Hays Wood proudly offers legal assistance to you and your company or small business. With a wide range of litigation experience, our law firm is committed to providing the professional legal counsel you need to handle your unique legal issue. We can help you settle money or tax disputes, establish a limited liability company, or even sue a former partnership member for breaching a contract or sharing trade secrets.
Regardless of the kind of business dispute you may be involved in, it’s important to protect your company’s assets. An experienced Orange County business lawyer can help protect corporate interests in both internal and external disputes and litigation. The lawyers at Marshack Hays Wood have an in-depth understanding of the California legal system and commercial law.
Call our law office at (949) 333-7777 to schedule a free consultation with an Orange County business attorney today.
What is Business Litigation?
Business litigation essentially involves any court proceedings or other legal proceedings that involve settling a business dispute. These cases can range from disputes within a corporation to disputes within a small business. Business litigation attorneys provide legal counsel to their clients and help try cases in state and federal courts, as well as handle any legal proceedings outside of the courtroom.
What Cases are Involved in Business Litigation?
There are a lot of legal issues that fall under the category of business litigation. It can include cases involving contract disputes, intellectual property disputes, and the formation, acquisition, or dissolution of various kinds of companies and corporations. Below are some situations that professional business litigation law firms can handle and even take to trial.
Contracts and Agreements
Contracts are legally binding agreements made between two or more parties. Business-related contracts and agreements can include employment contracts, commercial leases, confidentiality agreements, nondisclosure agreements, buying and selling agreements, and more. If you are writing up a professional business contract, consider hiring a lawyer to help draft, review, and negotiate contracts on your behalf.
Contract disputes often involve a breach of contract, which is when a party has violated the rules outlined in the contract or agreement without a legal excuse. Business litigation law firms can try these cases in court to prove that there was a breach of contract and help their clients recover damages caused by the breach.
Business Entity Formation
A business litigation law firm can also assist in business formation, which is the process of putting together your business entity. An attorney can help corporations or small businesses develop and file any establishing documents, register their company name, draft bylaws and contracts, and much more.
Additionally, there are different types of business entities that each serve different purposes. These include sole proprietorships, general partnerships, limited liability partnerships, limited partnerships, limited liability companies, and corporations. Depending on the nature of your business, the size of your team, and your expected growth rate, a lawyer can help you choose the type of entity that would best suit your needs.
Business Dissolution
Just as a law firm can help their clients form businesses, they can also help dissolve their businesses. Business dissolution occurs when business owners decide to stop operating as an entity and dissolve their business.
Many factors can play into the decision to dissolve a company or business, including personal disputes, bankruptcy, and even the state of the economy. If a company is no longer profitable, if it’s still an established entity, it can be taxed and subjected to fees. In this case, it may be more financially beneficial for a business to dissolve.
There are two types of dissolution: voluntary dissolution and involuntary dissolution. Voluntary dissolution can include:
- Corporate dissolution, which is when the directors or shareholders of a corporation decide to dissolve by a majority vote;
- Partnership dissolution, which is when business partners vote to dissolve the partnership; and
- LLC dissolution, which is when members of an LLC vote to dissolve the company.
Business litigation usually involves involuntary dissolution cases, in which a judge can force a business to dissolve. A company or corporation may be involuntarily dissolved if it has been abandoned for over a year. It can also be dissolved involuntarily if the business is deadlocked in a vote to dissolve or if members are committing fraud, mismanaging the company, or being unfair to shareholders.
Under California law, if ½ of the company’s directors or shareholders own ⅓ of the company’s stock, they can sue for involuntary dissolution.
Mergers and Acquisitions
Business litigation law firms can help handle business mergers and acquisitions. The difference between a merger and an acquisition is that an acquisition does not result in forming a new company, whereas a merger does. A business acquisition is the process of one business buying and taking control of another. A business merger, however, is when two or more businesses combine to form a new, joint business together.
There are multiple different types of business mergers, including:
- Horizontal mergers, which involve companies in the same industry;
- Vertical mergers, which involve two or more companies that are a part of the same supply chain;
- Product expansion mergers, which combine companies that overlap in various places in the production process;
- Market extension mergers, which combine companies with overlapping markets and unrelated products; and
- Conglomerate mergers, which occur when two unrelated companies merge.
Mergers are considered to be friendly purchases, whereas acquisitions are considered to be hostile purchases. Many businesses will actually refer to acquisitions as “mergers” due to the negative connotations associated with acquisitions. Mergers are less common and usually occur to help businesses reduce operational costs or expand to new markets due to decreased market competition.
Intellectual Property
As opposed to real property, intellectual property is any intangible asset a company may have and want to protect. Law firms that specialize in business dealings can help settle disputes involving patents, trademarks, copyrights, or trade secrets.
For example, if a current or former member of a business partnership starts sharing trade secrets with competitors, you can file a lawsuit against that partner to stop using that information and recover damages and costs. There are exceptions to the use of copyright content, such as Fair Use or use of material that is public domain.
International Business
Business litigation law firms can also help businesses involved in international business transactions and disputes. With an in-depth understanding of the business laws of the country in which the international business resides, international business lawyers can assist in any of the previously mentioned business dealings regarding an international corporation or business.
This can include forming, restructuring, and dissolving your own business internationally, protecting your intellectual property, and proving any breaches of contract or agreement within your company.
Do You Need a Business Litigation Attorney?
If your corporation, business, or small company is involved in any internal or external business disputes, you’ll want to hire a business lawyer. Whether you’re dealing with contract disputes, establishing a limited liability company, or caught up in a messy business acquisition, business attorneys will have the resources to help you navigate the legal system, including state and federal courts, and best defend your interests.
Why Choose Marshack Hays Wood for Your Case?
If you’re involved in a business dispute in Orange County, California, Marshack Hays Wood can help you handle disputes so that you can get back to focusing on running your business. Take advantage of our team’s in-depth understanding of California business laws. We also have experience in related fields, such as business bankruptcy, creditors’ rights, and real estate litigation.
Contact the Business Law Attorneys at Marshack Hays Wood Today
Whether you’re running a small business or a large corporation, an Orange County business attorney with Marshack Hays Wood can provide legal services to help protect you and your business. To receive a free consultation and speak to an attorney about your case, call our law office at (949) 333-7777 or contact us online.
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