Alameda County Business Litigation Lawyer

Contract Disputes

Parties defaulting on their contractual obligations is always a risk for businesses. But now, with the Coronavirus pandemic shutting down several industries and crippling others, non-performance of commercial contracts has become widespread. While there are some defenses that can arise is these disputes, identifying and, if necessary, strengthening or countering them, is key to resolving the disputes quickly. The failure to plan for or prevent these defaults can be catastrophic for a business owner. As a litigation attorney based in Alameda County and serving clients throughout the Bay Area, Richard can guide you through the process to ensure that your goals remain paramount.

Mediation/Alternative Dispute Resolution

With litigation costs and fees regularly increasing, many potential litigants are considering other cost-effective manners of resolving disputes. With a truncated timeline and the avoidance of court costs, these litigation alternatives can be cost-effective and a preferred method of settling contested matters. Richard H. Poulson can partner with you in these instances to achieve your goals as effectively and efficiently as possible.

Business/Partnership Disputes

Co-owners of a business have a special, legal relationship that can easily result in acrimonious disputes. While sometimes these disputes can be avoided or at least mitigated by clearly defining the roles and obligations of co-owners, oftentimes they result in litigation. Absent a properly drafted buy-sell agreement or comprehensive corporate governance, routine disagreements can easily turn into intractable time- and money-consuming battles. The Law Office of Richard H. Poulson has experience representing business owners in disputes with former (or even existing) partners and can help guide you through the process.

Transactional Work

Entity Formation, Conversion and Dissolution

Whether starting up a business, winding one down, or changing the business’s legal form, the Law Office of Richard Poulson can draft and file with the Secretary of State’s office the necessary paperwork to ensure that the process is done correctly and efficiently. In addition to completing the paperwork, we explain to your critical aspects and requirements of business operation in order to ensure that the legal protections provided by different legal entities are preserved. Partnerships, LLCs, and corporations each have their advantages and disadvantages, depending on your specific business and a careful evaluation of the risks your business faces. Whether a partnership, LLC, or a corporation, having custom-tailored founders’ agreement, operating agreements, or by-laws are essential to avoid future problems. We will work with you, and your tax professional if necessary, to ensure that the legal entity your business chooses will be the most efficient and appropriate form for you.

Business Success Planning/Buy-Sell Agreements

While most business owners are aware of the need for estate plans for their personal assets, often the need for an estate plan for their businesses is overlooked. As a result, many businesses fail to continue on after the passing of their owners due to a lack of transition plan. Failure to establish the terms for the purchase or sale of a business owner’s equity can lead to disputes of its own, from contested valuations to the specific terms of the redemption. By planning ahead and addressing these possibilities, business owners can save time and money and avoid unnecessary disputes. Failure to plan for the inevitable could easily result in your business ending up in the hands of individuals who could be uninterested or unqualified to step directly into your shoes.

General Counsel and Corporate Governance Services

The Law Office of Richard H. Poulson can provide small and mid-size businesses that do not have a full-time lawyer on the payroll with “in-house” guidance on an “as needed” basis. California’s Corporation Code sets specific duties, rights, and obligations on corporate officers in addition to annual compliance requirements. We can help ensure that your business is up-to-date with the statutory and regulatory compliance requirements to ensure that your businesses liability protections are preserved and that opportunistic opposing parties are unable to “pierce the corporate veil” and subject your personal assets to attachment.

Real Estate LLCs

For owners of income and commercial property, a Real Estate LLC is a simple and effective method for shielding an owner’s personal assets from claims related to the property itself. Using the LLC’s legal protections, a property owner can protect personal assets from judgement in litigation. Along with insurance, as appropriate, a Real Estate LLC is a common and well-trusted method to protect your personal assets with little on-going maintenance.

Contract Negotiating, Drafting and Review

From professional services agreements, promissory notes, non-disclosure agreements, asset purchase agreements, stock sale and redemption agreements, “phantom stock” agreements, to whatever binding agreement your business needs, the Law Office of Richard H. Poulson can both draft these agreements tailored to your business needs, negotiate them on your behalf, and also review existing contracts to ensure that they are enforceable under current law. With the Covid-19 pandemic, “force majeure” provisions in commercial contracts have garnered increased attention as the numerous local, state, and federal rules regarding business operations has prevented or hindered parties’ abilities to fulfill their obligations, thus leading a multitude of business disputes. The Law Office of Richard Poulson can help ensure that your business’s contracts are enforceable under constantly evolving law and, if necessary, enforce or defend claims brought pursuant to such agreement, represent you through trial.

Creative Fee Structures

While most litigation is billed at a reasonable hourly rate, flat fee arrangements are available in some matters (largely transactional) to allow the client to budget for and understand what is being charged. With modern technology and cloud-based computer systems, the Law Office of Richard H. Poulson is available to provide high-quality legal services with reduced overhead costs resulting in lower expenses to you.

With over two decades of experience, the Law Office of Richard H. Poulson is prepared to partner with you and meet your legal needs with alternative fee structures for some matters, and a constant focus on achieving your goals long term. If you are looking for representation in litigation or transactions, please contact us for a free initial consultation.