Business Law

Call For Free Consultation:

You can call us any time 24/7

+1-402-392-1500

Attorney servicing Omaha, Lincoln, and Greater Nebraska

Business or corporate law involves serving corporations, limited liability companies (LLCs), partnerships, and solo practitioners to ensure that their business operates within the law and is fully protected from legal threats to the company whether outside or inside.

Business law is all about everything a company needs to operate at its most profitable while also reducing as many risks as possible. This involves everything from helping a new company form, to assisting it in its day to day operations from contract drafting, assisting with employee handbooks,

About Business Law

You know the task of reading a boring long document that you likely skim over? My job is to look at it for you, point out the risks, and suggest ways to either fix it or tell you to walk away. You know the customer that refuses to pay and now owes you a sum of money? My job is to either go try and get the money, or tell you to stop throwing good money after bad and let it go. Representing a business truly means representing all aspects of its legal needs.

Corporate representation is probably my favorite thing I do as a lawyer. I get to know about all kinds of businesses from the stodgy bookkeeping world to complex multi-million dollar construction projects. I also get to see how different business owners and ownership groups operate and make decisions, it is a fascinating look into people. I’m fairly convinced that my desire to know each company I represent inside and out is part of what makes me a good corporate attorney. I’m equally convinced that a business lawyer who does not understand the uniqueness of each business will never be able to represent them effectively.

FAQ

I’m an S-Corp, what does that mean?

Being an S-Corp means you are taxed in a specific way, as a closely held corporation. S-Corp refers to how you are taxed, not necessarily what you are. There are essentially three types of business: a corporation, an limited liability company, and an unincorporated entity (a partnership or a sole proprietor). Either an corporation or an LLC can be treated as an S-Corp for tax purposes.

Should I elect to be taxed as an S-Corp?

So whether you do or do not want to be taxed as an S-Corp is a highly personal issue. Check out this blog post for a more in-depth answer. But, in general the answer is: maybe.

What does it mean to be incorporated?

Being incorporated means you have decided to form an LLC or a corporation to run your business out of. It means you have elected to create a liability shield around your business so that your personal assets are not directly impacted by any non-tax or wage payment lawsuits of the business. Being incorporated means you have chosen not to continue doing business as a sole proprietorship or a partnership. Congratulations! It means you have made one of the first and most critical decisions a business owner can make, and one thousands put off. Read more about incorporation here

Do I really need you to form my business?

No, not really. Without a doubt you could do it cheaper via LegalZoom, or just by going to your Secretary of State’s website and finding the correct forms. And look, most likely, the business you form on LegalZoom or by yourself will be just as fine legally as if you pay me or any other lawyer to do it. But if a legal dispute arises and the business is not created properly your risk levels rise. If you are forming a multi-person business and you go it alone the dispute provisions probably do not match what you want them to. The other downside to LegalZoom? It is going to be more boilerplate than going to a real human being. The truth is that *might* be okay for you. If you are a single member LLC, and you never ever think you are going to need an attorney, and you never ever are going to add a new member this may very well work for you. Bottom line: do you need me to form, absolutely not. Should you use me? Probably. Will not using an attorney create such a horrible problem it cannot be remedied? probably not, but the problem may be more expensive.

What is a merger?

A merger is when to companies who love each other very much…no it wait. A merger is when two companies want to combine for some reason.

What is an acquisition

An acquisition is when one company buys another company OR all of the assets (including the name and goodwill) of another company.

What is an employee handbook?

An employee handbook can only be described in cliches. It is the rulebook for your company’s internal workings. It is the roadmap for employee benefits, compensation, and disputes. It is a document created by both you and your attorney setting forth policies, procedures, and what you want to convey to employees about the company.

Do I need an employee handbook?

My answer to this is always dependent on two things: (1) how big are you? and (2) how good are you at adhering to rules you have created? Do you have one employee? You do not need to spend money on an employee handbook. Do you have fifty employees? Yeah, you probably should have a handbook, but you do not have to, there is no law mandating it? What if you are somewhere in the middle? Or bigger then play it by ear, do you want clear rules in place or not? The side question to that is do you suck at following the rules you have created or are you good at it? If The employee handbook is your set of rules for how the company works, and the procedures employees follow in a variety of situations, then you better be following it. If you are going to go off of that roadmap at a whim, then your handbook probably creates more liabilities than it solves.

What is an operating agreement or bylaws?

Remember the cliches from an employee handbook? I have more (maybe don’t go read that right away these are reused). An operating agreement is used by an LLC. Bylaws are used by corporations. Both act to set the rules for the entity and its owners. These documents spell out: who runs the company, how often company elections occur, what restrictions exist on the ability to sell, how you can leave the company, and a variety of other item. Operating agreements and bylaws rock! They create certainty. Certainty amongst business partners is the best thing you can ask for.

Does a business attorney ever go to court?

Frequently! There are a lot of business disputes in courts. Sometimes between owners. Sometimes between businesses. Sometimes between businesses and individuals. The best part of having a business attorney who understands your business, is that they can give you the clearest voice in court.