Business and Commercial Law
After putting your own tireless effort into building up your business — including investing your time, money, heart, and soul — you won’t want to trust just any law firm to handle your business or commercial law matters. You need the services of an attorney with the experience required to achieve the most favorable result for you and your business.
At the Kaplan Law Practice, LLC in New York and New Jersey areas, our lawyers have decades of legal experience handling legal issues like yours. We see many diverse business law matters come across our desks. We pride ourselves on having the knowledge and expertise to help our clients achieve the best possible outcome for themselves, their families, and their businesses.
Business and Commercial Law Representation
The accomplished attorneys of Kaplan Law Practice, LLC can assist your businesses or commercial venture in resolving a broad range of legal issues, including:
- Business formation
- Buying and selling
- Contract disputes
- Dissolution and termination
- Litigation
- Non-compete agreements
- Mergers and acquisitions
- Partnership disputes
- Preparing operation and stockholder agreements
- Strategic business planning
- Trade secrets and intellectual property
We pride ourselves on giving impeccable service to our business clients. We strive to be accessible, prompt, communicative, and reliable. Our close-knit firm of experienced attorneys relies on one another and our support staff to create compelling business and commercial law solutions.
Business And Commercial Contracts
Here at Kaplan Law Practice, we are aware that business, and life in general, revolves around agreements, also known as contracts. A properly drafted agreement should serve as a road map and a guideline to future dealings between the parties to the contract. A detailed and well thought through contract helps to prevent disputes and litigation. In fact, civil disputes and court cases are brought about by terms that were omitted or adequately defined in the agreement that governed a particular transaction or relationship.
10 Types of Contracts Used in Business Law (International and Domestic)
- Operating Agreements
Although not every state requires an operating agreement describing the structure of your Limited Liability Corporation, it is highly advisable, to best protect your assets and shield yourself adequately from liability, to have a lawyer clearly and professionally craft and edit your agreement. - Articles of Incorporation and Bylaws
One of the prerequisites to creating a corporation is creating articles of incorporation – essentially detailing the structure of your corporation. You should have a lawyer review the articles since they are essentially an agreement between you and any other shareholders of how the corporation will work. - Corporate Formality Documents
You may have correctly set up your LLC or corporations, but you still need corporate formality documents showing the method of operation of your LLC or corporation in order to preserve “the corporate veil.” - Buy/Sell Agreements
Having a contract that clearly outlines what happens when a partnership or LLC ends is crucial for having a clear path forward after a partner leaves or passes. - All Forms of Purchase Agreements
A purchase agreement usually contains the final terms of a financial purchase agreement, and it is crucial the terms be in your favor. - Distribution Agreements
Do you need to license your products to be distributed through a third party? You want to have a clear and concise agreement as to what the distributor can or cannot do. - Manufacturing and Installation Agreements
If someone is making a product for you, make sure your lawyer reviewed, or better yet drafted, the agreement to make sure your product will reach you and your sellers the way you’d like. - Contractor and Service Provider Agreements
If you provide a service or good or are contracting to receive a service or good, you should make sure your contract is fair and transparent. An example of a service provided is: - Finder/Broker/Agency Agreements
When hiring someone to find investments or to broker a real estate deal, a lawyer should review the fees, commissions and any other details of such agreements. - All Types of Non-Disclosure, Non-Compete Agreements
Whether you worked with another party and are being asked or you are asking to sign an NDA (Nondisclosure Agreement) or if you are an employee of a company and being asked to sign a non-compete agreement, you should speak to a business lawyer like Kaplan Law Practice to ensure that the agreement does not infringe on your rights.
Contracts Kaplan Law Office, LLC. Can Draft for You
Business Law (includes international and domestic)
- Operating Agreements
- Articles of Incorporation and Bylaws.
- Corporate formality documents
- Buy/Sell agreements
- All forms of purchase agreements
- Distribution agreements
- Manufacturing and Installation agreements
- contractor and service provider agreements
- Finder/Broker/Agency agreements
- All types of non-disclosure, non-compete agreements
Property Law
- Commercial and Residential Leases
- Equipment rental
- All types of disclaimer agreements
- Construction and subcontractor agreements
- Deeds and Deed transfers (including recordation)
Family Law
- Prenuptial and post-nuptial agreements
- Wills
Employment Law
- Employment contracts
- Service level agreements
- Compensation agreements (including deferred compensation)
- Separation agreements
Don’t see what you are looking for? Call us; new offerings are being added regularly.
Contracts are frequently drafted informally, without the assistance of legal counsel. That is a common mistake. Like any other legal field, contract laws in New York and New Jersey are complex and subject to interpretation and change. Depending on the subject matter of a specific agreement, a contract may need to contain provisions guided by legal principles not anchored in contract law.
Get the Legal Help You Need for Your Business or Commercial Venture
At Kaplan Law Practice, LLC, we strive to provide clients like you with outstanding legal solutions. We aim to offer extraordinary, uncompromising service. Our practical, efficient, and engaging approach to your representation includes maintaining the highest level of professionalism, integrity, and knowledge of business and commercial law.
Do yourself and your business a favor. Don’t become the next failure, closure, or bankruptcy — get an experienced and knowledgeable business lawyer to represent you in drafting agreements, negotiating, litigating, and much more. Call Kaplan Law Practice, LLC now and schedule your appointment to discuss your unique needs today.
The Importance Of Having A Proper Written Contract In Legal Matters
Contracts are the foundation of business relationships and transactions. Whether you’re a business owner, service provider, or consumer, understanding the importance of a proper written contract is essential for protecting your rights and interests. In this article, we will delve into the significance of well-drafted contracts, emphasizing the role they play in preventing disputes, promoting clarity, and ensuring legal compliance.
Clarity And Understanding
A well-drafted contract serves as a clear roadmap for the parties involved, outlining their respective rights and responsibilities. It ensures that all parties have a mutual understanding of the terms and conditions of the agreement. Clarity is key to avoiding misunderstandings, disagreements, and disputes that can lead to costly litigation.
Kaplan Law Practice is well-versed in crafting contracts that leave no room for ambiguity. The firm ensures that the language used is precise, unambiguous, and easy to comprehend, reducing the likelihood of disputes arising due to misunderstandings.
Protection Of Rights And Interests
One of the primary purposes of a contract is to safeguard the rights and interests of all parties involved. A well-drafted contract defines the rights and obligations of each party, specifying the remedies and consequences in case of a breach. This protection is essential in various contexts, from business agreements to real estate transactions.
Kaplan Law Practice specializes in tailoring contracts to meet the clients’ unique needs. By focusing on the specific concerns and goals of the clients, the firm creates contracts that offer maximum protection.
Prevention Of Disputes
A carefully crafted contract acts as a preventative measure against disputes and conflicts. It provides a mechanism for addressing issues before they escalate into costly legal battles. When disputes do arise, a well-structured contract often includes alternative dispute resolution clauses, such as mediation or arbitration, to help parties find amicable solutions without going to court.
Kaplan Law Practice has a track record of designing contracts with dispute resolution mechanisms that save clients time and money. These mechanisms can be instrumental in preserving business relationships.
Legal Compliance
Contracts are not just agreements between parties; they are also subject to various laws and regulations. A well-drafted contract takes into account legal requirements, ensuring that it complies with the applicable laws and regulations. Non-compliance can lead to legal consequences and potentially void the contract.
Kaplan Law Practice maintains a deep understanding of the legal landscape, ensuring that the contracts being drafted adhere to the relevant laws. This commitment to legal compliance shields the clients from unexpected legal challenges.
Adaptability And Flexibility
Business conditions and circumstances may change over time. A well-drafted contract should include provisions that allow for adjustments and modifications when needed. Kaplan Law Practice often incorporates flexibility into the contracts, enabling clients to adapt to changing situations without having to draft entirely new agreements.
Seeking Legal Advice
In the world of business and personal transactions, having a proper written contract is not just a formality; it is a critical component of safeguarding your rights and interests. The legal expertise of professionals like Kaplan Law Practice ensures that your contracts are not just pieces of paper, but comprehensive, protective, and legally sound documents.
When you enter into a contract, it’s vital to engage with legal experts who understand the intricacies of contract law and have a proven track record in crafting effective agreements. By doing so, you can minimize the risks of disputes, protect your rights, and ensure that your contracts remain a reliable foundation for successful transactions and relationships.
Business And Commercial Infographic
Business And Commercial Law Statistics
Business and commercial law plays a crucial role in shaping the operations of companies and guiding their legal obligations and rights. According to the U.S. Small Business Administration (SBA), there are approximately 31.7 million small businesses operating in the U.S., representing 99.9% of all businesses in the country. As these businesses navigate the complexities of contracts, intellectual property, and dispute resolution, business and commercial law serves as the backbone of their legal framework.
A key statistic to highlight is that the U.S. commercial litigation market, which includes disputes related to contracts, intellectual property, and employment, is valued at over $200 billion annually. The legal fees for businesses involved in litigation can be substantial, with average hourly rates for attorneys in commercial litigation ranging from $300 to $1,000 per hour, depending on the complexity of the case and the size of the firm.
Additionally, the American Bar Association (ABA) reports that over 80% of businesses face some form of legal dispute during their lifecycle, whether over contract issues, mergers, acquisitions, or employee disputes (ABA, 2020). Understanding business and commercial law is essential for minimizing risks and ensuring that companies remain compliant with regulations.
Common Questions About Choosing The Proper Legal Structure For A Business
One of the most important decisions that any business owner can make is to choose the right legal structure. The structure affects liability, taxation, and management flexibility. Whether starting a new venture or restructuring an existing one, selecting the right entity helps protect interests and supports long-term goals. Our business and commercial lawyer can provide guidance tailored to specific needs while also offering down to earth legal services.
What Are The Main Types Of Business Structures?
There are several common business structures that our commercial litigation lawyer can provide information about, each with its own legal and financial implications. Sole proprietorships are the simplest option, offering full control but also full personal liability. Partnerships allow two or more people to share ownership and responsibilities, with different types available based on liability and management preferences. Limited liability companies (LLCs) provide liability protection while maintaining operational flexibility. Corporations, including S and C corporations, operate as separate legal entities, limiting personal liability but requiring more formalities and tax considerations.
How Does A Sole Proprietorship Differ From Other Business Entities?
A sole proprietorship is the easiest business structure to form and manage. The owner has complete control but is personally responsible for all debts and legal obligations. Unlike LLCs and corporations, a sole proprietorship does not separate personal and business assets, which can be risky in the event of lawsuits or debt collection. Partnerships involve more than one owner, distributing liability and decision-making responsibilities. LLCs and corporations offer more legal protection by creating a distinction between personal and business obligations.
What Are The Advantages Of Forming An LLC?
LLCs are popular because they offer liability protection while remaining relatively simple to operate. Owners, known as members, are not personally responsible for business debts. The structure also allows for flexible taxation, as an LLC can be taxed as a sole proprietorship, partnership, or corporation. Unlike corporations, LLCs do not require formal board meetings or extensive record-keeping. Additionally, profits and losses can be distributed in a way that suits the members, offering more control over financial arrangements. A business and commercial lawyer can explain state-specific LLC requirements.
How Is A Corporation Different From An LLC?
Corporations and LLCs both provide liability protection, but they differ in structure, taxation, and management. Our corporate attorney will share that a corporation is a separate legal entity with shareholders, a board of directors, and officers. It must follow strict regulations and reporting requirements. Corporations can raise capital by issuing stock, making them a preferred option for larger businesses seeking investors. LLCs, on the other hand, have a more flexible management structure and are not required to hold formal shareholder meetings. Taxation is another key difference—C corporations face double taxation, while S corporations and LLCs allow profits to pass through to owners without corporate tax at the entity level.
What Factors Should Be Considered When Choosing A Business Structure?
Selecting the right structure depends on liability concerns, tax implications, management preferences, and future growth plans. Sole proprietorships work well for small operations with minimal liability risk. LLCs are ideal for business owners who want liability protection without extensive corporate formalities. Corporations suit businesses looking to attract investors and establish a long-term presence. Taxation should also be a major consideration, as different structures have varying impacts on personal and business taxes. Future goals, such as expansion or eventual sale, can also influence the decision.
Making An Informed Decision For Long-Term Success
The foundation for stability and growth are having a well-chosen business structure. It affects financial responsibilities, legal protections, and operational flexibility. Business owners should weigh their options carefully, considering current needs and long-term objectives. Our business and commercial lawyer serving New York and New Jersey can clarify legal requirements and help establish the most suitable structure. Our business law attorneys at Kaplan Law Practice, LLC provides legal support for business owners making critical decisions about their company’s future.