Business Law – Lubin Pham + Caplin LLP

Do You Need a Business Lawyer?

Your business is your livelihood. Its success probably impacts your family as well. So when something goes wrong, it can feel like your world is coming down around you. But it doesn’t have to. A good lawyer can help you understand and solve your business problems. From contract disputes to business fraud to trade secrets, the attorneys at Lubin Pham + Caplin LLP are here to protect your interests.

Whether making good deals or fixing bad ones, our attorneys are here to guide the way. We’ll help you clearly understand and then navigate the process, giving you the best chance at success. Don’t get stuck paying for someone else’s mistakes, or worse, their fraud.

Whether you’re ready to take action yet or not, here are the 5 major types of business problems you may have that we can solve.

Problems with Competitors
Problems with Employees
Problems with Vendors
Problems with Partners, Members, and Shareholders
Problems with Customers

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1. Problems with Competitors

Competition is the bedrock of our economy. But it only works if your competitors compete fairly. It’s no good if they cheat or violate the law to get an upper hand. That’s why the California legislature passed the unfair competition law, codified at Business and Professions Code section 17200, et seq.

Section 17200 allows you to sue your competitor for any business practice that is unlawful, unfair, or fraudulent. The statute’s “unlawful” prong allows you to sue your competitor for the violation of any applicable state or federal law or regulation. The unfair prong covers any attempt to circumvent a law or regulation. And the “fraudulent” prong allows you to seek redress for deceptive business practices.

Although the statute seems simple, unfair business practices claims can be tricky. The statutory scheme contains a lot of pitfalls for unwary litigants. And getting the court to apply the unfair business practices act the way the legislature intended can be challenging. Let’s face it, judges aren’t business people. Translating business terminology for judges is its own skillset.

But that’s why we’re here. We’ve represented hundreds of businesses in these kinds of disputes. Don’t let your business be the victim of unfair competition. Let us help you level the playing field.

2. Problems with Employees

Most businesses can’t function without employees. But sometimes, employees can prevent your business from functioning. Even worse, they can sometimes take actions that can potentially irreparably harm your company – such as filing a lawsuit, breaching their fiduciary duties, or unlawfully competing.

The attorneys at LP+C offer your business a wealth of experience in a variety of circumstances. Sometimes, you can prevent employee problems with the right kind of documents. Our lawyers can help draft all types of workplace policies, handbooks, and employment agreements to ensure that your business is as protected as possible. Our lawyers also aggressively enforce and defend these policies and agreements in an effort to protect our clients’ most important business interests.

Sometimes, no matter how prepared you may think you are, something can go wrong, and a dispute can arise. Our lawyers act swiftly and aggressively to try and resolve an employee’s complaint before it turns into a full-fledged lawsuit – potentially saving you substantial sums.

And sometimes, no matter what you do, a lawsuit can rear its head. Our lawyers are experts in defending businesses in a full range of employment-related claims, such as sexual harassment, discrimination, wrongful discharge, retaliation, and wage-and-hour claims. And when a lawsuit is filed, the most important decision your business can make is hiring the right law firm. The right attorney can be the difference between winning and losing.

3. Problems with Vendors

Businesses generally rely on networks of vendors that supply goods and services that are often integral to the business’ success. From parts to finished products, accounting to logistics, your business may depend on a few or even hundreds of these vendors. If a problem arises with a key vendor, your business’ success may hinge on finding an efficient or creative solution.

Having successfully guided clients through a wide variety of vendor disputes, the attorneys at LP+C understand and can anticipate your concerns. We recognize that time is often of the essence when resolving these issues. After all, if your operations are derailed by a dispute, your business isn’t making money. Worse yet, it may permanently damage your reputation with customers. We listen to our clients’ concerns. We understand the practical considerations involved and we strategize accordingly.

From realigning a fractured business relationship with a demand letter to enforcing the terms of a service contract through litigation, LP+C can help you and your business get back on track.

4. Problems with Partners, Members, and Shareholders

California courts have long regarded certain relationships as “fiduciary relationships.” The law imposes the highest degree of trust, loyalty, confidentiality, and disclosure in fiduciary relationships, and the ownership/management structure of your business likely has a fiduciary element.

For example, partners in a business have a relationship of undivided loyalty. This requires that a partner refrain from taking a business opportunity at the expense of the partnership, or from taking any action in competition with the partnership. In other words, a breach of fiduciary duty can occur when a fiduciary engages in self-dealing or takes any other action where his or her personal interests are placed above those of the other party.

The same can be said regardless of the structure of the business – corporation, LLC, partnership, etc. In this context, fiduciary duties are imposed regardless of structure and affect directors, officers, majority shareholders, partners, LLC managers, and sometimes joint venturers.

If you own a business and suspect that a member, partner, director, officer, majority shareholder, or joint venturer has breached their fiduciary duties to you, our attorneys can help make it right. From preventing unfair competition with stolen trade secrets to recovering lost profits, our attorneys have helped countless businesses right their wrongs and get back to doing what they do best – business.

5. Problems with Customers

Customers are your biggest asset. But they can quickly become your biggest account receivable. And in the worst cases, your former customer may slander you or, worse, sue you. Eventually, you’ll have a customer dispute. If your business is successful, it will only be a matter of time. That’s just the nature of business.

When (not if) that happens, whether you can win your dispute depends on the contents of your agreements. If you’re providing goods, do you have a purchase and sale agreement that governs the transaction? If you’re providing services, do you have a services agreement that covers those services? If you do, do you know if they’re good enough to win your dispute in court?

We’ve handled those cases before. We’ve read the agreements that didn’t pass muster. We’ve written better agreements. The longer you wait, the more expensive a customer dispute can become. Don’t wait until you’ve racked up thousands of dollars in liabilities. Let us help you fix your existing customer disputes and shield yourself against any new ones.

Talk to a Good Lawyer

There’s no one-size-fits-all approach to a business dispute. Whether you should negotiate, mediate, arbitrate, or litigate, depends entirely on the facts of your case.

That’s why the most important thing you can do is choose the right lawyer. The right lawyer can give you the right guidance. The right lawyer can develop and implement the right plan. The right lawyer can be the difference between winning and losing.

We know real estate law, and we’re on your side. We’ve successfully represented countless businesses in their disputes. We’ll help you choose the right approach and put you in the best position to get what you want.