How A Business Lawyer Can Protect Your Company’s Interests

Owning and operating a business anywhere in the world can be rewarding. Both personally and professionally. However, business is always subject to certain regulations and legislation irrespective of where you are. Each county or state has specific legislation for businesses. In Florida, numerous state and federal laws can pose a significant risk to your business if not managed properly. Irrespective of the type of business you have, partnering with a knowledgeable Florida business lawyer is critical to protecting your company’s interests at every stage of your venture.

Here’s a closer look at the many ways a business lawyer can serve as a shield and a strategic partner for your company.

Structuring Your Business – The Right Way

When starting your business, the legal structure is one of the most important things you need to decide on. The choice between forming an LLC, S-corporation, C-corporation, partnership, or sole proprietorship has different effects for liability protection, taxation, management flexibility, and even future fundraising.

Your business lawyer can:

• Advise you on the pros and cons of each business structure.
• Draft and file all the relevant and necessary documents with the state
• Ensure that you have operating agreements and bylaws specifically tailored to your business to protect ownership interests and clarify all management responsibilities.
• Ensure compliance with state-specific regulatory requirements for all aspects of your business.

Keep in mind that if you decide to choose a business structure without the help of a corporate lawyer, you may end up choosing the wrong entity, or you could misfile the documentation. These mistakes could expose you to unnecessary personal liability and increased tax burdens.

Contracts Are Key – From Start to Finish

Every step of the contract process, from drafting the initial contract, negotiation of terms, as well as the enforcement of contracts, is a vital part of your business’s success. A well-drafted contract is essential for risk management, and your business attorney will ensure that your contracts are not only legally enforceable but also designed in such a way as to minimize your exposure to litigation.

Services your business attorney can provide include:

• Drafting vendor, client, and employment agreements with clear and enforceable terms.
• Negotiating contracts not only to secure favorable terms but also to protect your interests.
• Implementing clauses within your contracts, such as dispute resolution clauses, which detail how mediation and arbitration can occur.
• Reviewing non-compete, non-solicitation, and confidentiality agreements to ensure that they are binding and valid within the scope of the law.

Handling Employment Law Disputes

While Florida may have what is known as “at-will” employment, meaning employers can generally terminate employees for any lawful reason and employees can leave for any reason, there are important exceptions related to discrimination, retaliation, wage and hour laws, and more.

Your corporate lawyer can assist with:

• Drafting and updating employee handbooks to align with state and federal requirements.
• Advise you on hiring, firing, and disciplinary actions to reduce the risk of wrongful termination litigation.
• Ensure compliance with the Florida Civil Rights Act, the Fair Labor Standards Act (FLSA), and Occupational Safety and Health Administration (OSHA) requirements.
• Manage independent contractor relationships to avoid issues and the resulting penalties arising from those issues.

Protecting Your Intellectual Property (IP) Assets

Your IP, such as your trademarks, including trademarks, copyrights, trade secrets, and patents, can be among your company’s most valuable assets. It is without a doubt the core of what makes your business your own.

An experienced attorney can help you:

• Register your trademarks with the United States Patent and Trademark Office (USPTO) and monitor for potential infringement.
• Draft the relevant licensing agreements that will help you monetize your IP while protecting your rights to your IP.
• Ensure that enforcement actions are taken under the Florida Uniform Trade Secrets Act (FUTSA) and federal law to stop unauthorized use of your IP.
• Advise you in advance of any branding issues to ensure you avoid infringing on the rights and culture of others.

Keep in mind that if you don’t protect your IP and it is later misused by organizations with an ulterior motive – to make money or to cause harm to others, your business may come under public scrutiny due to that misuse. By trademarking your IP, you can help protect your business and ensure that the correct legal action is taken to rectify any misuse.

Defense Against Business Disputes and Litigation

There is no business that is completely unaffected by disputes. Whether it’s related to a client who refuses to pay for services rendered, a partnership gone wrong, or a competitor engaging in unethical or unfair practices. With an experienced and reliable business lawyer who understands state-specific litigation can save you a lot of time and money.

Your business lawyer can:

• Attempt early dispute resolution through negotiation or mediation.
• Defend you in court if the other party does not want to settle and litigation becomes a necessity.
• Pursue injunctive relief to protect your trade secrets, enforce non-compete agreements, or stop unfair competition.
• Enforce or defend against breach of contract claims, shareholder disputes, and more.

Reliable Legal Advice For Expansions, Succession, and Even Exit Strategies

As your company grows, your legal needs will evolve, and you will need advice around expansion, succession, and even potential exit strategies. Expansion often involves more complex risks and larger financial stakes. Exit planning is critical for a comfortable retirement or to pass on the mantle to the next generation.

Your lawyer can:

• Draft partnership agreements, joint venture documentation, and franchise agreements.
• Assist in mergers, acquisitions, or asset purchases, along with conducting the relevant due diligence and ensuring that the deals are structured correctly.
• Develop succession plans for family-owned businesses to ensure a smooth transition in leadership.
• Guide you through the sale or dissolution of your business.

Partnering with a Business Lawyer Is Essential for Your Success

Legal missteps can be one of the costliest mistakes you can make. A reliable and experienced lawyer is not just the person you call when things go wrong – they are an integral part of your business’s success from start to finish. There are also numerous benefits to hiring a business lawyer. Your lawyer can help you proactively safeguard your business’s interests, minimizing legal risks and more.

At the Law Offices of Gary I. Handin, P.A. we are here to assist you with your business’s every legal need – give us a call at 954-796-9600 today to find out more about our range of legal services.