Business and Corporate Law
Business and Corporate Law Covers All Types of Commercial Matters
Business law is a wide-ranging area that covers all types of commercial matters, both transactional and litigation matters. We have experience in all aspects of commercial matters – both transactional and litigation - including corporate formation, partnership or shareholder agreements, commercial leases, commercial landlord-tenant matters, litigation between corporate entities, and litigation between shareholders or partners. These are just a few examples of the many different commercial law matters that our firm has successfully handled.
There are numerous benefits to forming a business entity, before starting a business venture, chief among them being a shield from personal liability. A significant decision to make when first forming a business is what type of business entity best suits your needs.
The most common forms of businesses are:
Corporation (also called a C-Corp)
Subchapter S Corporations (also called an S-Corp)
Limited Liability Company, or LLC
Each business entity comes with its own positive and negative aspects, and there is no one size fits all business entity. You want to make sure you are personally protected so any legal action against your business cannot "pierce the corporate veil" and come after your personal assets, such as your home, car, and retirement savings.
Business formation is just as much about protecting you and your family as it is about protecting your business and income. If you are interested in forming a business, feel free to reach out to us to discuss what type of business entity would best fit your specific situation and how we can help protect your hard-earned money.
Similar to commercial law, employment law covers areas of litigation, but also non-litigation matters, such as ensuring that an employer is complying with Federal, State, and Local laws to prevent any potential litigation from arising. For example, in recent years, new laws have been enacted obligating employers to provide sexual harassment training to all employees. Failure to adequately provide this training could result in liability against the employer.
Certain notices must also be placed at the worksite informing employees of their rights, and employers must also timely provide employees with information about their wages. An employer’s failure to strictly comply with these, as well as other employment laws, could result in significant liability or fines imposed on the employer. If you would like to further discuss the nuanced requirements and learn about the myriad of different ways that we can support your business to be fully compliant with all employment laws, reach out to us to discuss the many ways that we can assist.
If an employer fails to comply with the above requirements, or violates another aspect of employment law, such as failure to pay proper wages, overtime, or discriminates against an employee, the employer may be liable for damages, which could include counsel fees, punitive damages, or liquidated damages. In some instances, an employee must exhaust their administrative remedies before commencing their employment-related matter in Court. We have vast experience representing both employers and employees in various employment-related matters and can help navigate through the complexities of the procedural requirements specific to employment law. If you believe that your employer has violated your rights, or if an employee has commenced an action against you, we are ready and prepared to fight on your behalf.
Contracts are a major part of all areas of law and can include things such as leases, employment agreements, partnership agreements, and even settlement agreements. Due to the complex nature of the law, the nuances of the law, and the litany of legal jargon retaining an attorney to review, draft, and negotiate the terms of a contract may be necessary. If it appears that a person or company violated the terms of a contract, you may need an attorney who could notify and demand recourse from those who have breached the contract.
In some situations, a party to a contract may be liable for breach of contract if they have taken acts that make it appear that they will not satisfy the terms of the contract, known as an anticipatory breach of contract. Likewise, we have a wealth of experience defending individuals and companies against claims of breach of contract.
Construction & Development
Unfortunately, it is frequent for disputes to arise between contractors and homeowners, or between general contractors and subcontractors. Typically, disputes arise as to the length of time a project takes to complete, quality of the work performed, and payment. We have successfully helped both homeowners and contractors resolve their disputes without the need to start a lawsuit, or through the legal system. Similarly, if you are a contractor and have not been paid for work that you performed, you may be entitled to place a mechanic’s lien on the property for which you performed work, which increases your chances to collect the amounts owed to you.
Due to the strict procedural rules associated with mechanic’s liens, the failure to properly file the proper documents could sink your attempt at obtaining a mechanic’s lien. If you require legal assistance in connection with a dispute related to a contractor or home improvement matter, please contact us to discuss.
Simply because a party has received a judgment does not mean that they will be able to quickly and easily obtain the full amount of the funds provided for in the judgment. There are, however, numerous collection methods that can be utilized to collect against a judgment. Some of these methods include levying of bank accounts and garnishment of wages.
Similarly, if a judgment has been entered against you, we have experience settling judgments with creditors for significantly less than the judgment amount. Please contact us to discuss how we can assist you in collecting against a judgment or reducing the amount owed on a judgment.
Contact The Siegel Law Firm
The legal world can seem like a complex maze, but we have the experience to help you navigate the legal process and represent you or your business in a vast array of legal matters. Call our office at 516-558-7559 to schedule a consultation.