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Protect Your Small Business from Disruptive Litigation

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporationposted in Business Formation & Planning on Tuesday, April 26, 2016.

One of the greatest fears that many small business owners have is the potential to be sued. If they have set up the proper legal entities and worked with an attorney to structure their business in a prudent manner, lawsuits and litigation do not mean that the business is at risk of being wiped out.

Lawsuits are dangerous to a business, nonetheless. Studies find that even if the business wins the lawsuit, lawsuits still weigh heavily on the balance sheet. Additionally, litigation diverts the business owner’s time and attention away from operations, developing the business, growing and ultimately making money. In some cases, businesses often adapt their operations and change the way they do business to make up for time and resources lost on the lawsuit.

If there is a threat of a lawsuit, be proactive. Do not wait for the opposing party to take legal action. Contact a skilled business law attorney immediately. If handled proactively, your lawyer can start negotiations and help you avoid going to court.

These are things you need to look for in a business law attorney to protect your business and the toll that a drawn out lawsuit could take:

Choose an attorney who takes the time to understand your business model – Your attorney should be familiar with your day to day operations, your plans for growth, the relationships you rely upon, the relationships you hope to make and your financial situation. The more time your attorney spends becoming familiar with the bones of your business, the more customized the legal solutions can be and the better the outcome of the matter.

Choose an attorney who is not afraid to go to litigation – While the goal is to avoid court, sometimes it becomes unavoidable. Make sure that your lawyer has the experience to handle complex litigation – and is prepared to take the case to court, if necessary.

Choose an attorney who is willing to partner with you – The insight your attorney gains about your company through the course of the lawsuit will be invaluable for years to come. This firm can then partner with you through the future to create the legal structures and policies that will mitigate the risk of future legal battles – and create a foundation for long-term growth.

Attorney Lynnette Ariathurai is trusted by businesses throughout the Fremont area, including Hayward, Union City, Milpitas, Castro Valley, and Newark, CA. She invests the time and resources needed to understand her clients’ businesses from the inside out and provides solutions and strategies for a sound legal foundation that will facilitate growth.

business disputes, Business Formation & Planning, lawsuit, legal partner, litigation

Strategies For Resolving California Business Contract Disputes

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Monday, March 28, 2016.

Running a business is a major undertaking that often involves various legal challenges from time to time. A successful California business owner never wants a contract dispute to get in the way of production or profitability. It is best to resolve such issues as soon as they arise.

Retaining the assistance of an experienced business and commercial law firm is one way to increase one’s chances of achieving positive results regarding contract disagreements. The Law Office of Lynnette Ariathurai, A Professional Corporation helps clients anticipate the full range of possible issues that may arise when seeking legal resolutions to contract problems. Our attorneys are dedicated to helping you accomplish your business objectives and legal goals at minimal cost.

It is crucial that all involved parties have a clear understanding of the legal terms and obligations inherent in a particular contract. The Law Office of Lynnette Ariathurai, A Professional Corporation can help you make certain that you understand all necessary information in order to make informed decisions to resolve a contract dispute. Your business interests are our legal priority, and we will aggressively litigate a contract dispute on your behalf should you determine that such a course of action is needed.

A contract dispute can slow down, if not bring a complete halt to business progress. Any company owner in California who is seeking answers to legal questions can contact our office to schedule a meeting. We are committed to helping you resolve your contract issues as favorably and expeditiously as possible.

contract disagreements, Contract Disputes, legal resolution, strategies

Resolving Contract Dispute Issues in California

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Wednesday, February 10, 2016.

When company owners or their representatives sign agreements with other parties, they are binding themselves to certain responsibilities and obligations contained therein. Contracts are par for the course in business and are typically customizable to suit the needs and goals of those who add their signatures to the agreements. When a contract dispute arises, however, a California company owner may experience immediate adverse effects in a variety of areas that can threaten the very existence of his or her business.

Knowing where to go for legal help to resolve contract issues may be key to obtaining a swift and fair resolution to the problem. The Law Office of Lynnette Ariathurai, A Professional Corporation, serves clients in Fremont and surrounding regions. Our seasoned attorneys have dedicated themselves to helping company owners protect their legal interests and achieve both their short-term and long-term business goals.

It is important that all signatories possess a clear understanding of the legal terms and wording in a contract in order to make certain that everyone involved is aware of their individual obligations. Whether the issues you now face pertain to an independent contractor agreement, technology licenses or nondisclosure issues, we are prepared to help you address the matter. If basic negotiation and mediation is not enough to resolve the situation, we are ready to aggressively litigate the issue on your behalf.

The Law Office of Lynnette Ariathurai, A Professional Corporation, brings keen insight and decades of experience to the table that may increase your chances of obtaining a favorable outcome in court. We can anticipate possible issues that may arise during litigation of your contract dispute and offer guidance as to how address those issues in a way that helps you achieve your business goals. Our California practice is focused on helping you overcome your legal challenges and accomplish your business objectives in a timely manner at minimal cost.

contract attorney, Contract Disputes

Handling the Potential Complications of a Contract Dispute

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Thursday, December 24, 2015.

California business owners know the importance of contracts. Far from just being “pieces of paper,” contracts address business’s ownership, management, services and a host of other issues. Those doing business in the state will want to be prepared for the potential complications that can arise should a contract dispute interrupt productivity.

Every contract creates obligations for those who sign it. Business owners typically want to minimize liability and avoid litigation. Sometimes, however, challenges arise due to a disagreement about the information a contract may contain. It may seem impossible to resolve without legal intervention.

The Law Office of Lynnette Ariathurai, A Professional Corporation, is dedicated to helping clients create contracts that protect their legal and business interests. Every company’s needs are different, and each contract should reflect the unique factors of the company entering the agreement, using clear and simple language that explains each party’s obligations and responsibilities. Our experienced attorneys have offered guidance with regard to many types of contract disputes and are able to assess a situation to help determine the best way to resolve the issues at hand.

Your business issues are our priority, and we are committed to helping you accomplish your objectives in a personalized and cost-effective manner. You can contact The Law Office of Lynnette Ariathurai, A Professional Corporation, by using the form available on our website or calling our Fremont, California office to schedule a consultation. Whether you need assistance in drafting an agreement or reviewing a contract dispute, our business and commercial law attorneys are prepared to act on your behalf to achieve your goals.

contract complications, Contract Disputes, legal guidance

Quick Tips Before Signing a Contract

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Business Formation & Planning on Wednesday, December 16, 2015.

A business contract isn’t just a piece of paper. It’s a document that explains who you are doing business with, what type of business will be conducted and much more.

What is the person’s reputation in the industry? How has the business dealt with past deals? What is their reputation?

Consider the following factors before you sign an agreement:

Read the full agreement. This seems simple. However, all too often individuals sign agreements without reading the terms and conditions. If there is language that seems subjective or unclear, have an attorney review it with you and suggest amendments.
Know who’s involved in the contract. Who does the contract include? What parties will be held liable if there is breach of contract? Be sure the contract clearly identifies all parties.
Be aware of the length of the agreement and how it affects business. Make sure the actual length of the contract is clearly identified within the contract. If the contract is going to be renewed, how will that be handled? If the terms for the length of the contract are unclear, you can have an attorney assist you in making that language clearer.
Know your rights. Know what you are entitled to under the contract and what you are required to deliver. What happens if something goes awry? An attorney can draft terms in a contract to protect you from risks of liability and help you get what you bargained for from the deal.

While you may not consider working with a lawyer for drafting and signing a simple contract, the reality is that a lawyer can help save costs for disputes that could arise in the future. The time and money you spend, upfront, can ultimately be much more cost-effective. Consider how legal contract representation could benefit your situation.

Business Law, Contracts, tips on contracts

Avoid a Contract Dispute Through Drafting a Watertight Agreement

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Contract Disputes on Thursday, September 17, 2015.

Before embarking on a construction project, having a well-drafted construction contract is vital. There are numerous variables that will have to be addressed to protect a California contractor. Financing, escalation of material prices, dealings with local governments, potential defects and more can have significant financial consequences for the ultimate success of the project and even lead to a contract dispute.

The guidance of an experienced construction contract attorney can be invaluable in drafting the contract and in providing advice with regard to the preparation of the project prior to drafting a contract. The purpose of a construction contract is to assign the rights of each party, as well as delineating responsibilities and duties. A well-drafted agreement can reduce risks of misunderstandings and may prevent expensive litigation at a later date.

The various parties in the contract must be clearly specified, and the scope and pricing of the project must be noted. Furthermore, timelines must be stipulated, along with payments and the retainage portions of payments. If a loan or another type of financing is involved, the details must also be spelled out in the contract.

Regardless of the relationship between the contracting parties, verbal agreements — even covering one small detail — can be detrimental and could even jeopardize the project. There are many additional issues to address to avoid a contract dispute, and the complexity varies according to the scope of the project. California contractors may find comfort in knowing that the services of attorneys who focus on the prudent planning and drafting of construction contracts are available to assist in pursuing the completion of profitable contracts.

Source: msbusiness.com, “COMMERCIAL FINANCE 701 — Construction contracts and risk mitigation“, Sept. 10, 2015

Contract Disputes