Business & Civil Litigation
Dealing with legal issues is simply a part of doing business in California. When these situations arise, contacting an attorney right away can help resolve problems efficiently, before permanent damage is done. Skilled business lawyer Steve A. Buchwalter has more than two decades of experience helping residents of Los Angeles County as well as Irvine, Santa Barbara, and other Southern California communities. He can help you identify potential legal pitfalls and resolve disputes over contracts, partnership structures, employment matters, and more.Contracts and Business Formation
The law governing contracts affects nearly every entity in California. For these arrangements to be binding, there must generally be an offer, acceptance of the offer, consideration or payment, and mutual agreement. Offer and acceptance are just as they sound. One party begins negotiations with an offer, and the other party accepts the terms. Consideration refers to an exchange of money, services, or something of worth. To satisfy this element, each party must be giving up something. Therefore, a gift cannot give rise to a contract. Finally, the parties must genuinely intend to form a contract with the terms discussed. This element is often called mutual assent, mutual agreement, or a meeting of the minds.
Another important area of the law governing entities is business formation, which refers to the process of forming partnerships, corporations, or limited liability companies. The requirements of form and benefits derived from each of these structures vary. For example, founders of a corporation must file articles of incorporation before their company can be formed. And while a formal partnership agreement isn’t necessary to form a partnership, a well-written agreement can help avoid disputes and costly litigation down the road.When Civil Litigation May Arise
In some circumstances, disputes can be avoided altogether with careful planning and preparation. Other times, a legal issue can be resolved with a simple demand letter, or even arbitration or mediation. Still, there are plenty of disagreements that require litigation.
For example, even if the four elements are satisfied and a contract is formed, every term may not be explicitly stated. When a disagreement arises, the difference in interpretation can be worth a significant amount of money for each party. In this situation, it may be wise to consult an attorney to advocate for your position.
In other areas, such as employment law, a lawsuit can have serious consequences for the employer being sued and the employee filing the complaint. Both sides can benefit from the advice of counsel even during the precursor to employment litigation, which usually consists of an investigation by the Equal Employment Opportunity Commission (EEOC).Protect an Enterprise in Orange County by Enlisting a Skilled Lawyer
Whether you are involved in a business dispute, an employment lawsuit, or any other type of civil litigation, an experienced lawyer can help you protect your livelihood. Steve A. Buchwalter is a civil litigation attorney with more than 20 years of experience assisting clients in Orange County and beyond with issues involving securities, business, and employment law. No matter your situation, Mr. Buchwalter and his team will work to gain a complete understanding of your needs, let you know your options, and help you make a wise decision based on your situation. To schedule an appointment, complete our contact form or call (818) 501-8987.