Business & Contract Law

Business and Contract Law

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 McGrath & Spielberger provides small to medium sized businesses with the wide range of affordable legal services needed to form, grow, and protect their organization. The Firm provides these services in Florida, Georgia, North Carolina, Ohio, South Carolina, and Tennessee.

The attorneys of McGrath & Spielberger have vast experience in dealing with the issues that businesses face on day-to-day basis – with such experience coming not only from their practice of law but also from their entrepreneurial business ventures and endeavors. So, not only do our business clients receive representation based on sound legal principles, they also receive representation based on practical real-world business knowledge and experience that can only be gained by owning and running a business.

While McGrath & Spielberger can handle virtually any issue a business may need assistance with, the list below provides a sample of the types of services we regularly provide to our clients. So if you own, manage or represent a small to medium sized business, or if you plan to start one, contact us today! Our legal assistance for businesses includes, but is not limited to, the following areas.  

Business & partnership disputes. Even good companies and well thought-out partnerships can take wrong turns, or end up in external or internal disputes. With something as important as your business and livelihood on the line, you need appropriate legal representation to assist you in trying to reach the best possible outcome.

Business entity selection & formation. Limited liability companies (LLCs), for-profit corporations, non-profit corporations, partnerships . . . each has its own advantages but also its own issues to be mindful of. To build a successful business which can grow and prosper efficiently but also weather the challenging times, you need to start with the proper foundation.

Operating, partnership, & shareholder agreements. Most small and medium sized businesses do not have the proper agreements in place. A handshake is nice, but doesn’t hold much weight in the legal system. The rules of the road need to be established early on and properly recorded. Adding members, partners, shareholders (or subtracting them!) is much easier to do when these agreements have been set forth in writing and properly executed. Every closely-held corporation with more than one shareholder needs a shareholder agreement, every LLC should have an operating agreement, and every partnership should have an agreement as well.

Mergers & acquisitions. Just because you want to merge your business or participate in a business acquisition doesn’t mean you know the proper way to go about it. Why would anyone ever spend so much time, effort, and money yet fail to protect that investment by ensuring the legalities are complied with?

Lease negotiations. Whether you need to obtain a lease, transfer a lease, enforce a lease, or exit a lease, it must be done in a way which protects your business and your personal rights and assets.

Buy – sell agreements

Debt collection & negotiation. Neither side of this equation (attempting to collect or struggling to pay a debt arguably owed) is an enjoyable position to be in. It’s extremely frustrating to not be paid what you are owed and when you are owed, which is then compounded by the resources you devote to attempting to collect. Sometimes all it takes is a few phone calls or letters from your attorney to motivate the debtor to honor the debt. Of course, being the target of debt collection is incredibly stressful. Every business owner or manager, at some point, faces debt collection issues or even lawsuits. The worst thing to do is to ignore the situation, hoping that it magically resolves itself and goes away. Take action and protect your business’ rights and its future.

Employment & independent contractor agreements. A properly written contract is an absolute must for any wise businessperson. Also, the IRS has cracked down in recent years as to workers who are improperly classified as independent contractors, leading to severe tax and financial consequences for many businesses and business owners. You need an attorney who understands these issues, can advise you on them, and can ensure that your written contracts are legally binding. 

Non-compete, non-disclosure (confidentiality), non-disparagement, & non-solicitation agreements. These types of agreements all fall within the arena of protecting your business’ products, trade secrets and intellectual property, reputation, and client base. It’s shocking how easily your efforts to build the business up can be defeated by a former employee or other person with confidential information who decides to use that information against you, or at least in a self-serving manner which may also hurt your business.

Marketing agreements.  The truth is that marketing makes the business world go around. In this day and age of online marketing, SEO (search engine optimization), use of international companies, email marketing campaigns and the like, fly-by-night marketing companies have become common. A properly written marketing agreement will assist in your efforts to ensure that the marketing company you contract with will act in compliance, will do what it is paid to do, and will not abuse the confidential information it may be privy to. 

Demand letters. Fair or not, a letter from your attorney probably carries more weight than the same letter sent in your own name. An attorney letter usually makes people sit up and pay attention.