Employment and Independent Contractor Law
We provide “on the spot,” high-level judgment employer-employee legal advice. As such, we can appropriately advise you with respect to negotiating with, hiring, and firing employees and independent contractors. We have represented numerous businesses as well as high-level executives in the negotiation of employment contracts. We also structure independent contractor plans, where appropriate, for businesses that need to delegate certain functions and yet still protect themselves.
Our estate planning practice tailors seamlessly with our business and real estate practices. We are up to speed and intimately involved in your business and legal dealings during your lifetime. There are tremendous opportunities to allow clients to transition hard-earned businesses to loved ones. These opportunities, which are most commonly available to a small family business, may often allow the preservation of an income stream to the founders of the business while still allowing the business to be transitioned to a younger generation.
Such planning requires not only trust and estate planning experience but business law experience as well, and we bring our full capabilities to bear in this regard. Our arsenal includes family limited partnerships (“FLP”), family limited liability companies (“FLLC”), grantor retained annuity trusts (“GRAT”), intentionally defective grantor trusts (“IDGT”), self canceling installment notes (“SCIN”), and a variety of irrevocable trusts such as dynasty trusts – the whole alphabet soup of advanced planning.
We can review and propose appropriate legal vehicles to build and strengthen a fort to protect your assets for you and your family. We not only review your holdings to determine the appropriate legal vehicles to hold them, but because of our expertise in business, real estate, and employment law, we can view your operational, day-to-day practices to minimize liability in those regards as well.
Entities and Choice of Entity
Choice of Entity
It is critical to choose the correct entity tailored to your specific business and personal objectives and circumstances.
Because of our vast experience in representing both the corporate and real estate worlds, as well as our collaborative approach in working with your accountant and other advisors, we can accurately provide options which optimize the structuring of your business.
Limited Liability Companies
Since its inception in the late ‘80s and evolution throughout the ‘90s, the limited liability company form of entity has become the entity of choice in this country. A limited liability company provides the liability protection of a corporation while allowing the pass-through tax treatment of a partnership. While not ideal (or even possible) for a few types of business ventures, the LLC has found its way into nearly every U.S. industry and at every level.
This firm has grown up with the LLC form and we continue to educate ourselves on the ever-changing regulatory scheme governing this type of entity. We have the background experience as well as the cutting-edge knowledge to seamlessly and efficiently set up your custom-tailored limited liability company.
Corporations have been a bread and butter of our business practice since its inception. A corporation is the most commonly formed entity for a closely held business, and offers the advantage of tremendous flexibility. We possess significant experience with respect to the entire life cycle of corporations, including formation, operational issues, purchases and sales, mergers, dividends, shareholders agreements, and dissolutions. We will bring a high degree of skill in assisting you in all of these areas.
A partnership is a business entity where two or more persons or entities share in the profits and losses of that business. In some respects, partnerships are similar to corporations, but there are also major differences. Our attorneys are experienced in assessing your needs, analyzing your situation, and recommending the appropriate business entity for you.
Once a corporation has been formed, the California Corporations Code and, typically, the bylaws of a corporation require that a meeting of the shareholders and directors be held at least once a year to conduct corporate business including the election of officers and directors, and the approval of transactions involving corporate assets. Additionally, every corporation must file an annual Statement of Information with the California Secretary of State.
If corporations do not comply with these requirements, the owners of the corporation may not be shielded from liability in the event of a lawsuit or tax audit. Failure to comply may also result in the loss of appropriate tax deductions. Our firm provides a program which ensures that your corporation is complying with all applicable laws.
Whether you are planning a start up or are already conducting an ongoing business, our attorneys are skilled and knowledgeable in providing critical analysis and business advice with respect to your current dealings as well as future goals. Our clients range from local, family, and closely held businesses to larger concerns which serve a greater geographical area, and we have addressed virtually every issue that may confront your business, including clients, vendors, customers, employees, business reorganizations, restructuring, taxes, and mergers and acquisitions.
We believe it is important to understand the needs and desires of our clients foremost and provide quality legal services in consideration of such needs. Many of our legal services are tailored for family owned and closely held businesses, and as a result, our attorneys often develop deep relationships with our clients.
Buying and Selling Business
Our attorneys are experienced in representing acquirers, private companies, and targets in many different transactions, such as asset purchases, mergers, acquisitions, stock purchases, and business sales. There are many complex and often unique issues involved in starting up or closing down your business, and our attorneys can provide an experienced helping hand to walk you through these situations.