Business & Contract Law
McGrath & Spielberger provides small to medium sized businesses with the wide range of affordable business lawyer 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.
Corporate & 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.
Corporate 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 contracts.
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 contracts.
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 business person. 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 contract lawyer 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 contract services.
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 contract services.
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.
See Recent Blog Posts Related To Business & Contract Law
S-Corp Tax Election: Is it Right for Your Limited Liability Company? As an attorney who happens to have an MBA and some specific tax law knowledge, and one who advises businesses on both day to day issues and tax matters, I know that if you’ve chosen (or will choose) an LLC as your business structure, it’s likely due to some combination of...... Read more
As an attorney who routinely drafts and analyzes business contracts and a bride during the COVID-19 pandemic, I knew that there were several contractual aspects I would need to consider when entering into countless contracts with the vast array of people and vendors involved in planning a wedding, especially during a global pandemic. While it...... Read more
When you decide to start a business venture, there are a myriad of things to consider. We regularly assist small business owners, especially start-up businesses, walking them through the steps that need to be taken in order to make the business official and legal. There are many ways a business can be organized and there are both...... Read more
Attorney Jason McGrath shares some items to consider when your contract has an arbitration provision but the other party has already filed a formal lawsuit in the court system in this short video. Click this link to view on YouTube https://youtu.be/J23FU7EDFB0, or watch below. Here are some of the key points contained in the...... Read more
Attorney Jason McGrath explains "Interrogatories" during litigation and how they generally work in a lawsuit in this short video. Click here to watch on YouTube - https://youtu.be/s923VxHdLyE Here are some of the key points contained in the video: Interrogatories are a list of written questions. The receiving party is to respond,...... Read more
This video contains helpful information for those going into business within the state of North Carolina including: Certificate of Existence from the N.C. Secretary of State Letter of Good Standing from the N.C. of Revenue Business law attorney Jason McGrath discusses Letters of Good Standing and Certificates of Existence for North Carolina...... Read more
Attorney Jason McGrath shares some information about where you can expect an arbitration proceeding to physically take place in this short video and summarized in this blog post. Understand the practical logistics of an arbitration that may arise from a dispute about your business contract. Here are some of the key points contained in this...... Read more
Attorney Jason McGrath explains some things to consider when considering whether to follow a contract's arbitration clause or file a lawsuit in this short video. Click here to watch on YouTube or watch the video below. Here are some of the key points contained in the video: How do you end up in arbitration vs. in court? Typically, someone...... Read more
In this video, business attorney Jason McGrath of McGrath & Spielberger PLLC discusses key points that should be considered when hiring a business lawyer for NC Corporations and other small business. Business Law Attorney Jason A. McGrath provides the following three tips to selecting the best business law attorney in Charlotte NC. Tip...... Read more
Arbitration is sometimes referred to as ADR, which stands for alternative dispute resolution. Simply put, it is a legal procedure in which an unbiased third-party attempts to settle a dispute outside of court. In this two minute video, Attorney Jason A. McGrath of the McGrath & Spielberger law firm discusses the logistics of an arbitration...... Read more
As a business law attorney who handles business contract issues on the front end (business contract drafting, analyzing, etc.) and the back end (business law disputes), I’m always mindful how a legal agreement addresses the possibility of the “prevailing party” recovering attorneys’ fees and other legal type costs. Below I list four (4)...... Read more
If you live in North Carolina (or you’re looking to move here), then a bill recently passed into law by the N.C. Legislature might give you some relief from taxes. The bill was vetoed by Governor Roy Cooper, but the Legislature overrode his veto to pass the bill on June 28, 2017. The new law makes three...... Read more
When it comes time to go to arbitration for commercial disputes, there can be a whole lot of questions that need answering. Those primary questions usually extend to which organization will conduct the arbitration and which rules will be used. It is important to understand these issues before including this in an arbitration agreement and before...... Read more
So you started your LLC in one state, and it becomes successful, but you then decide to move to a new state for family or other reasons. Now what? Well, you have a few options that will enable you to continue on with your business – some of which may result in only minimal hardships and/or expenditures. Because all of the options discussed...... Read more
Attorney Jason McGrath explains some things to consider when when considering the arbitration clause in a contract in this short video. https://youtu.be/VaxZHXUP3PY Here are some of the key points contained in the video: How many arbitrators would you prefer? Are you comfortable with the decision being in the hands of just one person? Keep...... Read more
Many LLC owners are surprised to find that forming their LLC is only the beginning of the legal journey and that there are constantly new laws to comply with, licenses to obtain, etc. In this Part 4 of our series “Your New LLC”, we will discuss some of the things you need to do from a legal standpoint to transact business outside of the state...... Read more
As a business attorney, one of the most frequent questions I am asked is some variation of “How do I transfer my out-of-state company to North Carolina?” I’ll address the most common scenarios and the reasonable options available. I’m using Florida as the other state just for example purposes (I also practice in FL), but the same...... Read more
Part 3 in a Continuing Series Starting a new business comes with a lot of financial decisions and obligations. However, as mentioned in previous articles, there are also many legal considerations that need to be addressed at the outset of the business. It seems clear that most new businesses in this day and age choose to operate through a...... Read more
When you decide to start a business venture, there are a myriad of things to consider. We regularly assist small business owners, especially start-up businesses, walking them through the steps that need to be taken in order to make the business official and legal. There are many ways a business can be organized and there are both non-tax and...... Read more
Strategic Thinking / What Does Your Attorney Advise You? In this video, attorney Jason McGrath discusses how a business law attorney can - or should - handle mistakes and other problems found in contracts. The approach Mr. McGrath discusses is not the obvious one. Does your business attorney think it through in depth, considering the...... Read more
Can an unfavorable review impact your business? If properly handled, negative reviews can provide a business with an opportunity to actually boost its reputation. With the surge of digital media and the growing use of social media, it has become extremely easy for both businesses and consumers to reach a captive worldwide audience at little to...... Read more
(Click for Part 1) (Click for Part 2) (Click for Part 3) (Click for Part 4) As attorneys with a law firm which has a significant online presence, and as lawyers who represent small and medium businesses, we are very much aware of the power of the online review and/or rating given by consumers. In fact, in this day and age, the...... Read more
(Click for Part 1) (Click for Part 2) (Click for Part 3) As attorneys with a law firm which has a significant online presence, and as lawyers who represent small and medium businesses, we are very much aware of the power of the online review and/or rating given by consumers. In fact, in this day and age, the positive or...... Read more
(Click here for Part 1) (Click here for Part 2) As attorneys with a law firm which has a significant online presence, and as lawyers who represent small and medium businesses, we are very much aware of the power of the online review and/or rating given by consumers. In fact, in this day and age, the positive or negative...... Read more
(Click here for Part 1) As attorneys with a law firm which has a significant online presence, and as business lawyers who represent small and medium businesses, we are very much aware of the power of online reviews and/or ratings given by consumers. In fact, in this day and age, the positive or negative nature of a company's reputation as...... Read more
As attorneys with a law firm Charlotte which has a significant online presence, and as lawyers who represent small and medium businesses, we are very much aware of the power of the online review and/or rating given by consumers. In fact, in this day and age, the positive or negative nature of a company's reputation as declared by the internet can...... Read more
Determine if your Worker is an Employee or an Independent Contractor This article contains the factors the IRS uses to decide - which you need to know Don't Get Audited! As attorneys who represent small and medium-sized businesses in both transactional matters and disputes, we do our best to have a good idea of which issues are...... Read more
Does My NC LLC Partner Owe Me a Fiduciary Duty? In this short video blog, Attorney Jason A. McGrath discusses whether a partner (member) in a North Carolina limited liability company (LLC) owes a fiduciary duty to other partners (members). This is one of the more common questions that Mr. McGrath is asked by his business law clients. See the...... Read more