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Business Law

Seasoned Transactional and Litigation Attorney for Businesses in the East Bay

Numerous choices must be made by business owners at every stage of a business, from formation to dissolution. These choices can significantly affect the value of the business, along with its tax and other liabilities. Whether you have concerns about a business acquisition, a contract dispute with a vendor, or intellectual property, retaining an experienced Pleasanton business lawyer can have a significant impact on the success of your business. At the Law Offices of Stephen M. Fuerch, our knowledge and understanding of the legal requirements imposed on businesses, along with our litigation experience, allow us to anticipate and plan for disputes in the course of a business transaction.

Businesses may face difficult decisions in connection with entity formation, contracts, fiduciary duties, leases, mergers, acquisitions, intellectual property, real estate, civil litigation, and alternative dispute resolution. When selecting an attorney, it can be important to retain someone who understands how to negotiate these matters and who has a strong trial reputation.

Contracts

Many business disputes result from a breach of contract. Businesses typically enter into many different contracts from the point of founding onward. These contracts can include founding agreements, shareholder or partnership agreements, employment agreements, confidentiality or non-disclosure agreements, work for hire agreements, IP licensing agreements, and purchase and sale agreements. In order to recover damages for a breach of contract, a business attorney in Pleasanton will need to establish these elements: (1) a valid, enforceable contract between the plaintiff and the defendant, (2) the plaintiff performed its end of the bargain or had a legal excuse not to do so, (3) the specific conditions were met for the defendant’s performance or were waived, (4) the defendant failed to perform, (5) the plaintiff was harmed, and (6) the defendant’s breach of contract was a substantial factor in causing harm to the plaintiff.

Business Acquisitions

When a buyer wishes to purchase a business, the buyer and the seller will need to decide whether to proceed with an asset or entity purchase. An experienced attorney can provide counsel and representation during an acquisition. In most cases, buyers prefer to proceed with asset purchases. This type of purchase allows the buyer to limit liability and take on only those specific assets of the business that would work for its purposes. For instance, a buyer may only buy a company’s facilities and intellectual property. Entity or stock purchases are more straightforward, and in most cases, they are preferred by sellers. However, in an entity purchase, the buyer buys the entire company and also assumes the business’ liabilities. Due diligence is imperative in a business acquisition. Moreover, it is crucial to retain an experienced Pleasanton business attorney to negotiate and prepare a business acquisition agreement.

Real Estate

Real estate transactions and litigation may be complex, involving multiple parties and competing rights. Residential or commercial property may be at stake. Legal issues may arise in connection with purchase and sale agreements, financing, leasing, property management, workouts, and operations. Like other types of litigation, real estate litigation can quickly turn expensive and inefficient. A seasoned trial attorney will be able to let a business know when a real estate dispute is worth pursuing to trial, and when alternative dispute resolution or informal negotiations may be more appropriate, given the business’ objectives.

Intellectual Property

Intellectual property laws govern the rights of creators, inventors, and other entrepreneurs with regard to the products of their ingenuity or imagination. These laws allow companies to receive recognition and financial benefit for various creations, including software programs, books, art, designs, logos, useful inventions, and formulas. Types of intellectual property include copyrights, patents, trademarks, service marks, and trade secrets. In many cases, IP represents significant assets for a business and can affect business valuation in the case of a sale or another occurrence. In some cases, intellectual property rights are infringed or diluted. It may be appropriate to pursue civil litigation in court or ADR.

Retain a Business Lawyer in the Pleasanton Area

Whether you need to register a trademark or litigate a breach of contract, you should retain a knowledgeable Pleasanton attorney. A seasoned attorney can look at a transaction or dispute from all the angles, provide you with legal options, and work to resolve the situation in your favor. Call the Law Offices of Stephen M. Fuerch at (925) 463-2575 or complete our online form. We represent clients throughout Alameda and Contra Costa Counties.