Specific Business Representation Information Sheet

A business attorney strategically resolves legal matters while addressing the concerns of owners, managers, and other stakeholders. The lawyer must skillfully address each company’s challenges while mitigating the risk of liability. Business Attorney Thomas S. Carter represents clients from a wide range of businesses and industries, and he provides knowledgeable insight to those wanting to start a company, grow and scale a business, and sustain or maintain an enterprise.

Construction and Maintenance Services

Representing clients in the building and construction industry, a construction attorney handles the legal needs of construction companies, commercial maintenance service businesses, residential and commercial building contractors, repair companies, landscaping services, and solar energy enterprises.

A construction lawyer provides critical assistance at every stage of a project. Due to the nuances of laws affecting the construction industry, legal guidance from the start can help projects proceed on schedule and ensure activities are compliant with local, regional, state, and federal requirements. A skilled construction attorney pursues and fights lawsuits, and helps clients avoid legal conflicts while appropriately addressing issues as they arise.

A construction law attorney may also countersue and bring cross-complaints when warranted. In the construction industry, it is critical to resolve disputes and ensure payment is received for completed work. To minimize the risk of liability, the attorney will carefully review and decipher contracts to identify ambiguous clauses. The attorney also negotiates for favorable terms.

Transportation and Distribution

Overseeing the legal interests of commercial companies in the transportation, logistics, and distribution industry, a transportation and logistics attorney handles the legal complexities of manufacturing and warehouse enterprises, shipping companies, packaging and trucking businesses, and industrial suppliers. An experienced business attorney helps clients navigate transactional and contractual issues which can directly affect a company’s financial and operational success. By anticipating risk and taking proactive measures, the attorney can develop strategic plans to eliminate barriers and help clients achieve their legal objectives.

A transportation law attorney assists clients with compliance matters in federal, state, and local laws. In this labor intensive industry, transportation and logistics companies also need legal counsel for employment-based legal disputes.

Restaurant and Hospitality

From assisting with the development and establishment of employment codes of conduct for training manuals to reviewing contracts and franchise development projects, an experienced restaurant attorney and hospitality lawyer can minimize legal controversies for management and owners of restaurants, hotels, resorts, caterers, and other hospitality industry businesses.

A hospitality attorney guides service-industry companies in a wide range of legal matters, including licensing and trademark issues, entity formation or partnership dissolution, expansion or franchise issues, and all other business and employment law-related matters. An attorney can also handle certain real estate transactions, including purchase and sale agreements to smooth the process of opening or selling a location.

Healthcare Services

A healthcare attorney represents physicians, dentists, chiropractors, optometrists, medical clinics and others in the healthcare services industry, ensuring the companies maintain compliance with applicable healthcare provider laws. A skilled attorney can protect clients’ interests against lawsuits and help develop policies to reduce the practice’s risk of liability. A healthcare services lawyer provides guidance to keep clients informed on evolving health regulations.

In addition to handling a wide range of industry-specific concerns, an experienced business attorney can help clients with business and employment-related legal matters. As professional corporations or partnerships, a healthcare entity needs guidance to ensure the partnership agreements and entity formation process are accurately

completed.

FAQ

Can a construction dispute be settled out of court?

While it is true that not all disputes are settled in court, the way a business dispute is handled depends on the way the contract, or real estate deal, was originally structured. Many times, the contract dictates the parties must first go through a formal mediation process. The parties may also informally negotiate a settlement before the court trial commences. A skilled business attorney can protect the business’ interests at all stages of a business dispute. The attorney can advocate during discussions to secure a favorable outcome while limiting the client’s risk of liability.

Can fines be assessed for missed deliveries?

In the transportation industry, contractual relationships dictate each party’s obligations. The purchaser is counting on the vendor to ship the product on schedule. To do this, the vendor must contract with a shipper or carrier. In each contract, the terms should include a time and date for delivery. An experienced business attorney can also add language for assessing a penalty when the delivery appointment is missed. It is critical to clearly define the conditions and terms of all involved parties. For distributors and supply chain contractors, missing a delivery appointment may also cause others to incur fines from other contracts for missed deliveries.

How can a caterer collect for services?

In the hospitality industry, the success of an event often depends on many vendors performing different duties along a prescribed timeline. The caterer has an integral role at many events. The caterer’s contract should specify the date, location, and time of the event along with the food service expectations and fee schedule. Having a business attorney involved in negotiating the contract can protect the caterer if the client deviates from the plan. The caterer's fees and the obligations of both parties should be clearly laid out in the business contract. If the client fails to pay the caterer according to schedule, an experienced business attorney can enforce the contract.

What is the best entity for a dental practice?

In California, dental practitioners and all businesses must complete the business formation process when starting a new enterprise. There are several entities to choose from, including the C corporation, S corporation, partnership, and limited liability company (LLC). Each has different filing requirements and benefits for the business. A knowledgeable business attorney can review which business entity is appropriate depending on the situation. A dentist must consider if it is a sole proprietorship, or if there are partners or shareholders involved. Much of the decision may lie in the consideration of tax consequences. Proper planning when setting up the new business entity can contribute to a business’ success.