Tag: business attorney

Business legal services in Silicon Valley

Should Attorneys Speak for Employers During Employee Disputes?

To be successful, businesses and organizations need strong relationships with their employees. A legal dispute with an employee can cause serious headaches for a business owner or manager. Even worse, it could put the company or organization at a liability risk. A lawyer with experience representing employers can help your business navigate a conflict. 

This raises an important question: Should an attorney speak on behalf of an employer during a dispute? The answer depends on the circumstances — though it is always important to consult with a lawyer as early in a dispute as possible. Here, our California employment law attorney for employers explains what you can expect from your lawyer during a dispute with an employee. 

Preventing Claims through Proactive Guidance

It is important to emphasize that a dispute with an employee is not the same thing as an employment law claim. An attorney can help your business take proactive measures to prevent employee claims. This starts with putting the right practices and structure into place. By doing so, your business can go a long way towards reducing the risk of a dispute. Even if a dispute has already arisen, it may be possible to resolve the matter before a formal claim is filed. 

If your Bay Area business is already locked in a dispute with an employee, a lawyer can help you take the appropriate action to resolve it. What exactly this entails depends on the specific situation, including the ultimate objectives of your business. In some cases, the best path forward is to take time to understand the employee’s concerns and look for a mutually workable, low-conflict solution that avoids a claim with the Labor Commissioner, Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). 

Defending Employment Law Claims

Not all employee claims are preventable. Even if your company does everything right, there is still a risk that you could face legal action from a current or former employee. Our experienced California employment law attorney for employers can defend your business or organization in an employee claim. 

Once a formal claim is filed with the Labor Commissioner, EEOC, DFEH, or any other agency, it is best to let your employment law attorney speak on behalf of your business. It is still possible that the matter could still be resolved outside of court. Nonetheless, it is best practice to work with an employment lawyer for employers who can ensure that the rights and interests of your business are protected. 

Get Help from an Employment Lawyer for Employers in California

Attorney Lynette Ariathurai is an experienced, results-driven employment lawyer for employers. If you have any questions about defending your business or organization against an employment dispute, we are more than ready to help. 

Contact us now for a strictly confidential initial consultation. We represent employers throughout the Greater Bay Area, including in Fremont, near Newark, Hayward, East Bay, Milpitas, Union City, San Leandro, Gilroy, San Jose, and Santa Clara. 

attorney for employers, business attorney, employee dispute, employment attorney, employment lawyer

Business legal services in Silicon Valley

Best Practices for Navigating Changing COVID Laws for Businesses

covid laws for business

The COVID-19 pandemic continues to affect communities around the world. According to data from the California Department of Public Health, there have been more than 4.1 million cases of the virus confirmed in the state as of mid-August of 2021—and with the Delta variant, case rates are rising once again. For businesses, navigating the ever-changing regulatory environment during the pandemic is challenging. Here, our Fremont, CA business lawyer highlights some of the best practices for companies looking to navigate COVID-19 regulations in the Bay Area.

Do Your Research (Local Law Matters)

You need to stay up-to-date on all applicable laws. Indeed, the only truly effective way for businesses to navigate the changing COVID-19 legal landscape is to work with an experienced business lawyer or do frequent independent research into the relevant rules and regulations. Notably, it is imperative that business owners refer not just to federal and state guidelines, but also to local rules and ordinances.

In California, the regulations sometimes vary from city to city or county to county. Here is an example: On August 2nd, 2021, Cal/OSHA released new guidance on masks. Under the statewide public health regulations, facial coverings are required in certain places, such as healthcare settings. For vaccinated people, masks are only “recommended” in most indoor workplace settings. However, some local governments have different requirements. For example, on August 3rd, 2021, the Alameda County Health Care Services Agency reinstated a full indoor mask mandate—regardless of vaccination status. Make sure you know the rules in your area.

Implement a Process for COVID-19 Planning/Rapid Decision-Making

As the COVID-19 outbreak is still a developing public health crisis, it is crucial that businesses in the Bay Area build and implement a process for pandemic planning and rapid decision making. Keep in mind that things can change quickly. Several factors are subject to change, including masking rules, vaccine regulations, social distancing guidelines, and capacity restrictions. A well-developed plan can make navigating the pandemic far easier. Among other things, your business should have:

  • A plan designed to meet your unique needs/industry
  • A proactive mindset, always ready to address changing rules
  • A clear chain of command to ensure swift and decisive decisions when necessary

Be Ready to Seek Professional Guidance on COVID Regulations

Owning and operating a business is difficult enough during normal times. With the COVID-19 pandemic posing a wide range of challenges on businesses in the Bay Area, it has become even more complicated. You should not hesitate to consult with an experienced California business lawyer who can help you and your partners manage the pandemic.

Schedule a Confidential Consultation with a Bay Area Business Lawyer

Attorney Lynnette Ariathurai is a skilled, solutions-focused advocate for business owners. If you have any questions about the best practices for navigating changing COVID-19 laws, our law firm can help. Contact us today for a strictly confidential consultation. From our Fremont law office, we represent businesses throughout the Bay Area, including in Hayward, Union City, Castro Valley, Milpitas, and Newark.

business attorney, California COVID laws, COVID laws, COVID regulations, COVID-19

Business legal services in Silicon Valley

Medical Partnerships, Leases and Entity Formations

If you are planning to open your own medical practice in California, it is critical to understand how California law affects your ability to choose a business structure for your medical practice and to enter into business with other healthcare professionals. Generally speaking, California law allows physicians to operate medical practices as sole proprietorships, partnerships with other physicians, and as professional medical corporations. Other types of common business structures are not permitted under California law for healthcare businesses. Beyond entity formation, physicians and other healthcare providers who are considering the possibility of starting a new practice will also have to consider specific issues when it comes to leasing commercial space for a healthcare business.

Our experienced California business formation lawyer can help. Attorney Lynnette Ariathurai serves business owners throughout Northern California.

Forming a Medical Partnership

If you are thinking about opening a new medical practice and want to keep the structure of your business relatively simple, California law allows you to form a partnership (or to operate your healthcare practice as a sole proprietorship). However, any physician or other healthcare professional in California should learn more about the limitations of medical partnerships in relation to personal liability and taxation as well as the benefits of creating different business structures for the assets of the business versus the medical practice. Many healthcare providers and medical professionals who open new or are expanding practices find benefits in forming a professional medical corporation. 

Professional Corporations for Medical Practices

Under California law, healthcare practices cannot form traditional certain business structures such as a limited liability company (LLC) or a corporation when forming a business. Instead, professional healthcare providers, including licensed physicians, surgeons, nurses, chiropractors, psychologists, optometrists, clinical social workers, and many other professionals must create a professional medical corporation. There are many benefits to forming a professional medical corporation, including limiting liability (some limitations arising out of medical malpractice), as well as tax benefits similar to those of an S-Corporation.

The Moscone-Knox Professional Corporation Act explicitly outlines the types of professional services that are provided in a professional medical corporation, and what kinds of healthcare providers or medical professionals can be officers, directors, and own shares in these types of corporations.

Commercial Lease Considerations for Healthcare Practices

In addition to the complicated issues surrounding entity formation for healthcare practices and businesses, it is important to work with a California business lawyer on any commercial lease for a healthcare practice. There are a variety of issues that you should consider in your lease beyond those that might appear in another kind of commercial lease, such as:

  • Tenant and landlord responsibilities concerning HIPAA and patient files stored on the premises
  • Medical waste and removal
  • Use of medical devices and storage of medical materials on the premises
  • CAM or NNN expense distribution between landlord and tenant
  • Parking space for patients

Contact a California Entity Formation Lawyer

If you are a healthcare provider and are considering your options for starting a new practice, it is critical to seek advice from a California entity formation attorney about the nuances of entity formation for medical partnerships and corporations, as well as the complexities of medical commercial real estate leases.

Attorney Lynnette Ariathurai is committed to representing business owners in Northern California and can speak with you today about medical entity formation. We serve business owners in Fremont, Hayward, San Leandro, Gilroy, Milpitas, Union City, East Bay, San Jose, Santa Clara, and Newark. Contact us for more information about how we can assist you with your new medical practice.

business attorney, california law, commercial lease, healthcare practice, Moscone-Knox Professional Corporation Act

Business legal services in Silicon Valley

California Consumer Privacy Acts for Commercial Websites

Consumer Privacy Acts for Commercial Websites

Recent changes to California consumer privacy laws affect most e-commerce websites in the state, and it is critical for business owners who run e-commerce websites to understand consumer rights and business responsibilities. Whether you are currently running an e-commerce website or considering the possibility of launching one soon, you should seek advice from an experienced California business lawyer about the California Consumer Privacy Act of 2018 and Prop 24. Both laws expand consumer privacy rights, and it is important for companies to comply with these laws. Attorney Lynnette Ariathurai can assist you in drafting and updating business privacy policies to ensure that your company remains in compliance with current state law.

California Consumer Privacy Act of 2018

The California Consumer Privacy Act of 2018 (CCPA) took effect on January 1, 2020, and it impacts most e-commerce websites viewed by California residents if the business (i.e., the website owner) collects any information from the consumer either directly or indirectly and then sells the information. The responsibilities of e-commerce sites under the new law extend relatively widely because the definition of the word “sale” is defined broadly.

What this means for your business is that, if you have a website where you conduct any kind of e-commerce and you collect information from consumers who visit the site, it is critical to seek advice from a California business law attorney about your company’s privacy policy. Most company privacy policies drafted prior to January 1, 2020—when the new law took effect—will not be in compliance. It may be necessary to completely redraft your company’s privacy policy in order to comply, or at the very least, to revise the policy accordingly.

As a business owner, you should know that this law specifically lays out format requirements and provides detailed information to California residents about their privacy rights and how to exercise their rights. As such, businesses could face claims from informed consumers if they do not take steps to ensure that their privacy policies are in compliance.

Prop 24 Further Expands Consumer Privacy Rights

Beyond the California Consumer Privacy Act of 2018, Prop 24 also expands consumer privacy rights in the state. This law passed in November 2020. It amends the CCPA with a “more comprehensive privacy scheme,” according to Brookings, creating the California Privacy Rights Act (CPRA).

The new law requires businesses to protect personal information collected from consumers by “reasonably minimizing data collection, limiting data retention, and protecting data security.” It also requires businesses in California to “conduct privacy risk assessments and cybersecurity audits, and regularly submit them to regulators.” Consumers may also opt out of the sale or sharing of their personal data.

Contact a California Business Law Attorney for Assistance

Website owners and companies that engage in e-commerce need to work with an experienced California business lawyer to draft new policies or to update existing policies to guarantee compliance with new consumer privacy laws in California. Attorney Lynnette Ariathurai has years of experience representing business owners in Fremont, Hayward, San Leandro, Gilroy, Milpitas, Union City, East Bay, San Jose, Santa Clara, and Newark and can talk with you today about reviewing, drafting, and updating privacy policies for your website. Contact us to learn more.

business attorney, California Consumer Privacy Act of 2018, California Consumer Privacy Acts, CCPA, commercial website, ecommerce website, privacy policy, Prop 24

Business legal services in Silicon Valley

Obtaining Your Professional License

business lawyer

When you are starting your own business or entering into a new professional field, you may be required to have a professional license according to California law. Indeed, there are many kinds of businesses and professions that require proper licensing, and it can be complicated to determine on your own what steps you must take to obtain and to maintain your professional license. California has various licensing boards, and they each have their own sets of requirements for seeking a professional license and ensuring that the license remains current.

California professional license laws may require legal assistance for individuals, corporations, partnerships, and other business entities seeking to obtain a professional license for their business. For professionals in healthcare fields or those with fiduciary duties like accountants veterinarians, and doctors, it is critical to begin working with a California professional license lawyer as soon as possible.

Working with a Lawyer to Obtain Your Professional License

As a business owner or professional in California you may need to obtain a professional license in order to perform your work or services in the state. Some of the professions that require licenses include, but are not limited to:

  • Doctors
  • Nurses
  • Pharmacists
  • Physical therapists
  • Veterinarians
  • Acupuncturists
  • Chiropractors
  • Dentists
  • Attorneys
  • Real estate agents
  • Certified public accountants (CPAs)
  • Insurance agents
  • Private investigators
  • Construction Contractors

Depending upon your specific profession and the license you are seeking, you may need to apply for your professional license with the California Department of Consumer Affairs (DCA), or the boards (state government agencies) for your profession.  Navigating the professional licensing process in California can be extremely complicated. As such, it is important to work with a lawyer who can help.

What You Need to Do

The specific process for seeking a professional license in California will depend upon the license you are seeking, but generally speaking, you will be required to submit an application for the professional license along with a completed application package. While the contents of the application package will vary depending upon the type of license, in most cases will include:

  • The completed application forms
  • Fees
  • References
  • Official education transcripts
  • Examination results, and
  • Fingerprints

The timing for your professional license will also vary depending upon the type of license.  The websites might publish estimated turn-around time.

Professional Licensing Challenges

Without assistance from a lawyer, you may run into a variety of challenges while trying to obtain a professional license in California. You may not meet the eligibility or experience requirements for the license you are seeking, you may not have passed a required examination, your application could contain errors, your application package could be missing required documents, or you may not have submitted the appropriate fees.

In short, the application package for a professional license is substantial, and there is significant room for error.

Contact a California Professional License Attorney Today

If you need to obtain a professional license in California, it is essential to have an experienced California professional license lawyer on your side. Get advice from a lawyer who can ensure that the process goes smoothly.

Attorney Lynnette Ariathurai has years of experience serving businesses and professionals in Fremont, East Bay, Hayward, Milpitas, Union City, San Leandro, Gilroy, San Jose, Santa Clara and Newark. Contact us today for more information about obtaining your professional license.

business attorney, California professional license law, obtaining your professional license, professional license attorney

Business legal services in Silicon Valley

Common Mistakes Made in Contract Agreements

business lawyer

Contract agreements are the basis of most commercial transactions in California. Whether you are starting a business, buying or selling a company, entering an agreement with a vendor/distributor, or hiring a new employee, you will benefit from a professionally drafted agreement that establishes and protects your rights and interests.

A proper contract is all about the small details. Even a relatively minor error could cause serious headaches for you or your business. With guidance and support from a local contract attorney, you can help avoid the most common mistakes. Here are four common mistakes made in contract agreements to watch out for:

1.      Failing to Draft a Written Contract

You can enter a contract agreement without writing anything down. Oral contracts are (often) enforceable in California. Under Cal. Civ. Code § 1622, “all contracts may be oral, except such as are specially required by statute to be in writing.” That being said, it is almost always a mistake to rely on an oral agreement. Not only does a written agreement clarify expectations and avoid misunderstanding, but it will make it much easier to protect your rights should a dispute arise. 

2.      Copying and Pasting a Template Agreement from the Internet

It does not take much internet research to find some basic contract templates. The ‘copy and paste’ approach to contract drafting is not good enough for you or your business. When parties rely on a pre-built template agreement, they frequently run into problems. A proper contract is one that is customized to meet your specific agreement. Copy/paste language is often inapplicable and inadequate.

3.      Signing an Agreement that You Do Not Fully Understand

Do not sign a business or employment contract unless you fully understand the terms. In far too many cases, people run into problems because they signed an agreement they simply did not understand. Before you finalize an agreement, take the time to carefully read it over. Pay close attention to all the specific terms. 

4.      Not Working with a Local Business Contract Lawyer

Contracts are complicated. You do not need to negotiate and draft an agreement alone. Professionals and business owners can benefit from the guidance of an experienced California business contract lawyer. Among other things, your business attorney will:

  • Understand your purpose and objectives
  • Review the specific terms and conditions of the agreement
  • Fix any ambiguities or errors in the contract, and
  • Negotiate any terms that are unfavorable

It is important to remember that business contracts are fundamentally negotiable. You have the right and ability to seek better terms. Do not finalize an agreement until you are satisfied with the contract. 

Contact Our California Business Contract Attorney for Help 

Attorney Lynette Ariathurai is an experienced, reliable contract lawyer. If you have any questions or concerns about business or employment contracts, our team can help. Contact us now for a completely confidential initial consultation. From our office in Fremont, we serve communities throughout the East Bay, including Hayward, Milpitas, Union City, San Leandro, and Newark.

business attorney, contract agreements, local contract attorney

Business legal services in Silicon Valley

Steps to Purchase a Business in California

business formation

Are you thinking about buying a business in California? While purchasing an existing business can be exciting, it can also come with complications. If you already own a business and are looking for a new acquisition, you might have a clear idea of the type of business you want to buy. However, if you are just starting out, you should seek advice about choosing the best business in which to invest. You will also want to consider due diligence, and all the steps you will need to take to ensure that you do not end up buying a business that will cause significant problems in the long run. By working with an experienced business law attorney throughout the process, you can feel secure in knowing that you have legal representation to help minimize the risks and to guide you through the business buying process.

When you are considering a business purchase or acquisition, you should consider the following steps.

1. Decide on a Business You Want to Buy

Once you know you want to invest in a new business, the process of identifying the best company can be complicated. For anyone who is seeking to acquire a second (or third, or fourth) company, the process might be a bit easier—you already know your own strengths as a business owner, and you know the industries in which you feel comfortable doing business. If you are new to the business world, you should work with a lawyer who can help you to determine the types of industries that meet your needs, and the specific businesses that you may be interested in purchasing given your previous experience and industry knowledge.

2. Consider Your Financing Options

Most business purchasers need to secure financing to buy a business. Whether you have been involved in a specific industry for years or you are just starting out, your business law attorney can help you to determine the type and amount of financing you might be able to access.

3. Draft an Agreement to Buy the Business

Once you know the business you want to purchase and have a good sense of your financing options, you will work with your lawyer to draft a purchase agreement. The purchase agreement does not bind you to the purchase if there are significant legal issues—uncovering any financial or legal problems with the business can result in the purchase agreement being voided. How will you determine whether there are any major issues that need to be resolved? That is what the next step is for: due diligence.

4. Do Your Due Diligence

According to Score.org and the U.S. Small Business Administration (SBA), doing due diligence is how you will learn about any potential legal or financial problems with the business you want to buy. In performing due diligence, you can ask for a wide variety of materials related to the business, including financial documents, contracts, business equipment, assets, trade secrets, and other intellectual property. This step is also when you will make difficult inquiries about current legal obligations, and any potential legal obligations in the future. Before you buy a business, you need to have clarity about liens, judgments, licenses, permits, zoning issues, debts, and any pending lawsuits.

Your business lawyer will play an important role in the due diligence process and can help you to assess the types of risks you are facing in buying the business. Attorney Lynnette Ariathurai can determine whether the risks and liabilities linked to the business are acceptable and can clarify your options for minimizing future risks if you move forward with the purchase.

5. Closing

If you decide to move forward with the business purchase, you will work with your business lawyer to take all necessary legal steps prior to the closing, at which point you will review and sign the purchase agreement, along with any financial documents.

Contact a Business Lawyer When Buying a Business

Do you have questions about buying a business, or do you need representation for a specific business purchase? Our law firm can assist you from start to finish when it comes to purchasing a business in California. Contact attorney Lynnette Ariathurai today to get started.  We support businesses legal needs in the East Bay area including Fremont, Newark, Hayward, Milpitas, and Union City.

business attorney, business law attorney, buying a business, California business law, purchase a California business, purchasing a business

Business legal services in Silicon Valley

Attorney for Buying a Business

Lynnette Ariathurai, Bay Area Business Attorney

If you are considering a purchase of an existing business, it is important to work with an attorney for buying a business. Purchasing a business can be a complex process, and many legal issues can arise in the process of looking for a business to buy, securing financing for the purchase, and getting the business running again. If you are in the market for a business, you should know that an experienced Fremont business lawyer can provide you with the services you need. As you consider your options for buying a business, the following are issues and concerns that you should consider.

Looking for a Business to Buy: Selection and Marketplace

Seeking out a business to buy can be a complicated process in and of itself. How do you select the type of business to buy? Generally speaking, you should seek out businesses that have ties to your own professional work and expertise. If you do not have experience in a particular industry, buying a business in that field can be much more difficult than buying a business in a field with which you have some familiarity.

Once you decide on the type of business you should be selecting, it will be time to locate the business that you want to purchase. You should work with a lawyer to understand the marketplace and your options for selecting an appropriate business.

Due Diligence Prior to Purchasing a Business

Prior to buying, you should develop a due diligence checklist that includes a variety of tasks you will need to complete with assistance from an experienced business law attorney.

You will also need to secure financing for the purchase. In order to secure financing, you will need to provide a significant amount of information to the lender about the business, which you will gather in the process of conducting due diligence. An article in Reuters discusses key elements of due diligence. Generally speaking, due diligence should include the following for most types of business purchases:

  • Researching the business’s financial information, including any existing liens, debts, tax returns, expenses, profit margins, and inventory;
  • Gather information about the structure of the business and the business formation of the company, which will provide you with information about the business’s bylaws or articles of incorporation, shareholders or investors, and compliance filings;
  • Determine the business’s assets, including commercial real estate, equipment, furniture, and products;
  • Learn about existing employee and customer data, including any existing disputes or litigation;
  • Review existing business contracts, including employment contracts, restrictive covenants, mortgages, leases, stock purchase agreements, and existing agreements with suppliers or vendors;
  • Determine whether there are any existing legal issues or disputes involving the business; and
  • Investigate existing intellectual property, such as existing trademarks or service marks.

Guidance on Liability and Minimization of Risk

If you or your company is considering purchasing a business, it is imperative that you carefully assess all of the potential risks. The absolute last thing you want to deal with is an unanticipated issue that could expose you to legal liability. Among other things, these debts could include employee wages, contractual obligations, loans, state or federal taxes, commercial leases, and other financial responsibilities.

Hiring a Knowledgeable Business Attorney is Important

Given extensive experience practicing business law, your attorney will review all relevant purchase documents, offer guidance on liability, and help you minimize the risks. It may be important to send a bulk sale notice to all affected creditors, including state and federal tax authorities. By doing so, you will notify creditors that assets are being transferred and impose a time limit for them to bring any claim. A well-drafted asset purchase agreement will help to ensure that your company is not subject to unknown liabilities.

With a full understanding of the risks as presented by your business attorney, you and your business partners can better protect your financial interests. In some cases, it may be advisable to buy the company’s individual assets instead of the entire business. In other cases, purchasing an ownership stake in the company may be the best path forward. There are additional ways to obtain protection in a purchase, such as temporarily holding back a portion of the purchase price, including comprehensive indemnification provisions, and obtaining insurance.

Business Law Matters After Your Purchase

Depending upon the type of business you bought, it may be necessary to change the business structure, and you may need legal assistance with business formation questions. New businesses, and new business owners, will also need to draft enforceable contracts for employees, vendors, suppliers, and other parties. Business contracts can be complex, and you should always work with an experienced business lawyer who can ensure that your contracts are likely to be enforceable in the event of a dispute.

The attorney you hire for buying a business can also assist with other outstanding legal items that are likely to arise in the early stages of buying a business.

Contact a Business Lawyer in Fremont

Buying a business can be a complex endeavor, but an experienced California business and corporate attorney can assist you. At The Law Office of Lynnette Ariathurai, we serve clients in Fremont, Hayward, Union City, Milpitas, and Newark, California. Contact attorney Lynnette Ariathurai today for assistance with buying a business.

business attorney, business law attorney, buying a business, purchase a business, purchasing a business

Business legal services in Silicon Valley

Selecting the Right Business Entity When Starting a Business

Business lawyer

One of the most important choices you will make when starting a business is selecting a type of legal structure for your company. This decision impacts how much you pay in taxes, the amount of paperwork your business is required to complete, your personal liability, and your ability to raise money to expand or grow.

There are three primary factors that will guide the type of business entity you choose — liability, taxation, and record-keeping. Choosing the correct business entity should be a thoughtful decision. Weigh the pros and cons of each and explore how such an entity can help your business launch, expand, and grow. Business entities are not written in stone and you may change yours as circumstances dictate. 

The four most common business entities and what distinguishes them follow:

  • A sole proprietorship offers complete managerial control to the owner. As the owner you are also personally liable for all the financial obligations of your business. Of all the business entities, a sole proprietorship is the riskiest, placing your business and personal wealth in play when the business cannot pay its financial obligations.
  • A partnership is a business of two or more people who agree to share in the profits and losses of a business. Like sole proprietorships, each partner is personally liable for all the financial obligations of the business, jointly and separately.
  • A corporation is a legal entity that is separate and apart from the owners who created it. The corporation can make a profit, is taxed, and can be held legally liable for its actions. The owner’s liability for the financial obligations of the corporation are limited to the value of the shares the owners have in the corporation. Corporations are the most expensive business entity to form and maintain and have extensive record-keeping requirements.
  • A limited liability company (LLC), is a hybrid of a corporation and partnership business entity. Owners are only liable for their “shares” in the LLC and profits and losses are passed through to the owners individually without taxation of the business entity itself.

Set Up your Business, Register, and Comply with Record-Keeping Requirements

You should seek expert advice from a business attorney when considering the pros and cons of various business entities, the registration requirements in your locality, and the ongoing record-keeping requirements your business must follow at its formation and beyond.

If you are an aspiring business owner or entrepreneur, we can help you turn your ideas into actions and select the right business entity for your new business. Our experienced business attorneys can partner with you to build a lasting relationship that is mutually beneficial. Contact us today for an initial consultation. Located in Fremont, CA, we serve Newark, Hayward, East Bay, Milpitas, Union City, San Leandro, Gilroy, San Jose and Santa Clara. We look forward to putting our legal experience to work for you.

business attorney, business entity, legal business structure, record keeping requirements

Business legal services in Silicon Valley

Attorney for Internet-Based Business

business lawyer

The beauty of the Internet is that it creates online experiences that connect people worldwide to solutions or products that your company offers. And an Internet-based business can get off the ground without the big budget and deep pockets needed to launch a brick and mortar storefront. Digital storefronts are fast and nimble, and you can launch them relatively quickly without a huge investment in infrastructure for business operations.

An important partner for your Internet-based business is an experienced and competent business attorney to handle the legal affairs of your company or provide advice as it launches, grows, and expands to new products, services, markets, or business acquisitions.

Below are some best practices surrounding the topic of what new Internet-based businesses should look for when hiring a lawyer:

  • Look for an attorney you can trust. A competent, responsive, and experienced attorney in the area of Internet-based business is a great place to start. People skills, such as trust, congeniality, and relatability, are important and often overlooked considerations.
  • Don’t wait for a problem to hire a lawyer. Just because start-up costs for an Internet-based business are low relative to bricks and mortar launches does not mean that your start-up does not need a lawyer. Lawyers are invaluable for any transactions involving the government, interactions with customers, suppliers, users, employees, and the public. Specific tasks that lawyers help start-ups accomplish include:
  • Incorporation and forming a business entity
  • Hiring employees
  • Negotiating contracts with customers and suppliers, including establishing terms of service for websites and license agreements for software
  • Raising capital
  • Obtaining copyrights, patents, and trademarks

What if your legal budget is small, which priorities should you focus on?

There are certain legal tasks that must be addressed early in the development of your Internet-based business. Proper business formation, including selecting an LLC or corporation to protect you from business liability, should happen before your launch. Establishing ownership and equity rights of the company when there are multiple founders, along with their corresponding responsibilities, are the second most important tasks to resolve, early in the life of your startup.

Sort out your taxes, and determine which ones need to be paid concurrently with the posting of your income, such as sales and use taxes, as well as understanding the tax consequences of business forms. Lastly, Internet-based businesses are intellectual property. Make sure that your idea, and any software developed to run your business is legally protected and owned by the company, especially if you use independent contractors to develop software or apps.

Experience Handling Business Formations

If you are an aspiring business owner or entrepreneur seeking an attorney for starting and building an Internet-based business, we can help you turn your ideas into actions. Our Fremont business attorneys can partner with you to build a lasting relationship that is mutually beneficial. Contact us today for an initial legal consultation in Fremont, CA as well as Newark, Hayward, East Bay, Milpitas, Union City, San Leandro, Gilroy, San Jose, and Santa Clara. We look forward to putting our legal experience to work for you.

attorney for Internet-based businesses, business attorney, Internet lawyer

  • 1
  • 2

© 2021 THE LAW OFFICE OF LYNNETTE ARIATHURAI            SITEMAP               DISCLAIMER

39300 Civic Center Dr #110, Fremont, CA 94538

Serving Businesses and Start Ups in the Greater Bay Area including Fremont, Hayward, Union City, Castro Valley, Milpitas, and Newark, CA.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.