Law Offices of John Michael Jensen

Business Law

In bargaining, negotiating, or deal-making, John Michael Jensen is committed to helping optimize your financial position, recognize risks, and negotiate beneficial arrangements that build lasting partnerships and relationships.

However, when misunderstandings occur, or when agreements fail and controversies arise, We are also here to help you. We work with you to strategically lay out the best way to deal with the problems. Many times, as outside attorneys, we can help re-align interests, correct confusion, and help you achieve positive results even after issues arise.

In addition to other Business law, negotiations, and contracting, John Jensen has experience in (i) business formation, start-up, and capitalization issues, including Internet or on-line businesses; and (ii) fine art, museum, gallery contracts, intellectual property negotiations, and art law.

Common Business Law Issues

Business law in California involves multiple legal disciplines and can include aspects of contract law, employment law, intellectual property, securities law, antitrust, taxation, bankruptcy, and more.

Business law is designed to provide a framework within which businesses can operate in a fair and predictable manner.

1. Choosing Correct Business Formation and Structure:
   • Laws concerning the establishment of a business entity, such as corporations, limited liability companies (LLCs), partnerships, and sole proprietorships.
   • Requirements for articles of incorporation, bylaws, and operating agreements.
   • The regulatory framework for the governance of business entities.
2. Writing Clear and Favorable Contracts:
   • The clear drafting, review, and enforcement of business contracts that contain favorable terms is essential.
   • Understanding the elements of a legally binding contract, including offer, acceptance, consideration, and mutual assent.
3. Abiding By Requirements in Employment Law:
   • Knowing and Following the rules governing the employer-employee relationship, including wage and hour laws, anti-discrimination laws, and workplace safety regulations.
   • Writing favorable and fair employment agreements, employee handbooks, and independent contractor agreements.
4. Correctly Acquiring and Managing Intellectual Property (IP):
   • The protection and enforcement of trademarks, copyrights, patents, and trade secrets.
   • Licensing agreements and IP litigation.
5. Taxation:
   • Federal and state tax obligations.
   • Structuring business transactions to minimize tax liabilities.
6. Real Estate:
   • Laws governing the purchase, sale, and lease of commercial property.
   • Zoning and land use regulations.
7. Creditor and Bankruptcy Law:
   • Laws that provide for how businesses deal with debt and insolvency.
   • Processes for restructuring or discharging debts through bankruptcy proceedings.
8. Consumer Protection:
   • Laws and regulations that protect consumers from fraud, unfair business practices, and defective products.
9. Environmental Law:
   • Regulations that govern the impact of business operations on the environment.

Common Business Law Issues

Issues in Business Law:

1. Disputes over Contract Terms:
   • Conflicts may arise regarding the interpretation or fulfillment of contract terms, leading to litigation or arbitration.
2. Compliance with Regulations:
   • Ensuring that a business is in compliance with all applicable local, state, and federal laws can be complex, especially for businesses operating across state or national borders.
3. Employment Issues:
   • Disputes involving wrongful termination, discrimination, wage and hour laws, and workplace safety.
4. Intellectual Property Infringement:
   • Disagreements over the use or misuse of trademarks, copyrights, or patents can lead to legal action.
5. Partnership and Shareholder Disputes:
   • Conflicts between partners or shareholders, especially in closely held businesses, can arise regarding the direction of the business, distribution of profits, or other governance issues.
6. M&A Challenges:
   • Legal issues that arise during mergers and acquisitions, including antitrust concerns, due diligence problems, or disputes after closing.
7. Tax Disputes:
   • Controversies with tax authorities over tax assessments, audits, and the classification of activities for tax purposes.
8. Bankruptcy and Insolvency:
   • Navigating the bankruptcy process, including the protection of creditors’ rights and the restructuring of debts.
9. Consumer Complaints and Litigation:
   • Dealing with claims of product liability, deceptive trade practices, or breach of warranty.
10. Data Privacy and Cybersecurity:
    • Addressing the legal aspects of protecting sensitive business and customer data in compliance with privacy laws.

Business law in California is constantly evolving, as new legislation and court decisions shape the legal landscape. Companies must stay informed and compliant with the latest developments to avoid legal pitfalls and to safeguard their interests.