Business Law

Business Owners – Are Your Non-Compete Agreements Up-To-Date? #EmploymentLaw

With the start of a new year, many people begin thinking of resolutions related to personal fitness and weight control. “This year I will lose X number of pounds,” is a common goal. However, many may testify that it is easier to never to gain extra weight in the first place.

In legal matters, it is also easier to avoid legal difficulties than to have to fight a lawsuit after the fact. One example of this is in a company’s employment practices. Many companies have out-of-date non-compete agreements with their employees which may not be enforceable in court. An employer may discover only when it is too late that its non-compete agreement does not provide the protection intended. Non-compete agreements must be narrowly-tailored and limited in time and geographic scope, or a court will not enforce them. If you have not had your employment policies and non-compete agreements reviewed recently, you may save your business a lot of risk and trouble by having them reviewed and revised by an experienced employment and business law attorney. Call me today at (480) 833-1113 to make an appointment to have your non-compete agreements reviewed before you need to enforce them.

Attorney Profile: Nathaniel Wadsworth, Business & Corporate Attorney

When A Business Has A Change In Leadership #BusinessLawyer

Pope Benedict XVI announced recently that he will be resigning his position as the leader of the Catholic Church. While a Pope’s resignation is not common, it is common for leaders of businesses to resign their positions, either because of age, a sale of the business, a forced resignation by others with an interest in the business, or any number of other reasons. When these situations arise, it is imperative that the business follow the legal and corporate requirements for the changes to be effective and enforceable. If you need help in these or other corporate matters, you will be well-served by seeking the assistance of an experienced business law attorney. Call us at (480) 833-1113 and one of our experienced business lawyers will help you with whatever transition you are facing.

Attorney Profile: Nathaniel Wadsworth, Business & Corporate Attorney

In Corporate Law is Forming a Business Just Forms? #BusinessLawyer

Are you an entrepreneur struggling to decide how to form your business? You may be wondering whether you should:

  1. start the business without assistance;
  2. use an online platform to assist in filing; or
  3. hire an attorney.

Which option to choose depends on the complexity of your business and its structure.

1. STARTING A BUSINESS WITHOUT ASSISTANCE

There is a wealth of information on the internet that can provide you general concepts on how to form a business. Articles, websites, and blogs are readily available that outline the fundamental differences, advantages, and disadvantages of various types of legal entities. They often provide free sample forms, checklists, explanations, and state or federal filing fee schedules.

The greatest disadvantage with this approach, however, is that such sources do not offer legal advice, and cannot explain how to adapt or apply the complex legalities to your entity. Thus, while the internet is a wonderful resource to gain the initial understanding of what legal entities are available, you may be left with unanswered questions as to how your particular entity should be structured.
2. USING AN ONLINE PLATFORM

If the prospect of forming or restructuring a business alone seems too daunting, or questions remain after an online search, you may think about looking to various online platforms. These platforms charge hundreds, sometimes thousands, of dollars to “assist” in starting or restructuring a business. They provide research materials, forms, and fee schedules. They are required by law, however, to disclose that they can neither offer legal advice nor provide specific, detailed guidance to help in determining what entity you should form.This option is remarkably similar to the first, starting a business without any assistance, with one major difference: it costs money. It seems that the role of an online platform is to provide a form-filling template that expedites the process. Ultimately, along with significant costs, you are left to decide how to structure your business.
3. USING AN ATTORNEY

If researching online articles, blogs, and websites, or attempting to use an online platform leaves questions unanswered as to how the confusing concepts apply to your business, the assistance of a qualified attorney is the solution. Only an attorney, unlike the two options above, can offer detailed advice as to how to best structure your business to reach your unique business goals.

If you are an entrepreneur and have questions about the structure or complexity of your entity, contact us at (480) 833-1113.

Your Name in Contract Law – Very Important!

Contract Law - Signing Your NameShakespeare reminds us that a rose by any other name would smell as sweet. However, this metaphor only goes so far. A contract signed in any other name is not necessarily enforceable in the same way.

Some business owners, for example, have made the mistake of signing their personal name to a contract without making any indication in the document that they are signing on behalf of their company. If a problem arises, the other party to the contract then may attempt to hold the individual owner liable on the contract instead of or in addition to the business. Much litigation can be spared if people are careful in the way they sign their contracts.

Call us at 480-833-1113 and our experienced contract and litigation attorneys will make sure your name is protected!

Attorney Profile: Nathaniel Wadsworth, Contract & Litigation Attorney

Contract and Business Lawyer | Don’t Lose Your Opportunity For Justice in a Lawsuit!

In Arizona a lawsuit claim based on the breach of an oral contract is subject to a three-year statute of limitations. Other claims may be subject to different limitations, some much shorter. A person with a claim against a public entity, such as a city or state, for example, must serve a notice of claim within 180 days or may not be permitted to bring a lawsuit at all. Read the rest of this entry »

So Sue Me – Maybe | Litigation Lawyer Mesa Arizona | Nathaniel Wadsworth

The other day, my family and I picked up some fast food on our way home from an outing. Despite knowing better, my wife and I failed to verify at the drive thru that the food we ordered was the same as the food placed in the bag. Several miles later, we opened the bag and realized we did not receive everything we paid for. We were entitled to the food we had purchased, but we decided not to return to the restaurant because it simply was not worth our time and effort (not to mention gasoline) to claim what was rightfully ours. Read the rest of this entry »

Business and Contract Attorney Mesa AZ | To Write is Better Than to Wrong

It is an ancient saying that, according to the words that are written will the world be judged. This statement is at least true for many who take their matters before a court for a determination of their rights and interests. While courts also decide on matters not in writing, written words are generally far superior in a court of law than any oral or implied understandings between parties. Read the rest of this entry »

Arizona Business and Contract Lawyer | Great Expectations

According to some news reports, LeBron James made a promise that he would win an NBA championship for the city of Cleveland. On July 8, the fulfillment of that promise evaporated when James announced his “decision” to play for the Miami Heat. Just like the fans in Cleveland, we all experience broken promises. But while sports fans cannot enforce an athlete’s promise to deliver a championship, the law does protect innocent parties to a broken contract. In many situations, such protection does not have to come through litigation. Read the rest of this entry »