Forming a business entity involves various steps including: preformation planning, filing various documents to establish the entity, and implementing a plan to commence operations. We assist our clients with taking their concept to fruition, including selecting a name, creating bylaws, and filing the appropriate paperwork with the state and/or federal government. In complex matters we often work hand-in hand with our client’s accountant to assure the most cost-effective methods of doing business are properly implemented.
Perhaps the most realistic piece of advice that we give any owner of a growing business is that they must absolutely budget for legal expenses as an ordinary cost of doing business. Many times as companies grow they will experience certain growing pains, one of them being legal costs. However, many businesses see this as a sunk cost and rather than paying attention to them they do not address the issue until it has snowballed into a much bigger problem. The easiest way to avoid the substantial cost of future legal bills related to administrative or litigation matters is to regularly engage an attorney in your company’s day-to-day operations. Many times business owners believe this would be an absorbent cost, however, at Chioini Group, we believe that having an attorney that is routinely consulted and assists in your operations is not an extraordinary expense. Ultimately, your return on investment will be high by keeping your company out of problems and seeing them before they occur.
Unfortunately, many small to medium size businesses cannot budget the cost of hiring a full time “in-house” attorney. The recent trend is to utilize an offsite attorney, who is still considered your general counsel for all legal matters, engaging in routine legal administration for your company but without the cost of a full-time position.
We assist our clients in developing proper transactional documents for their business operations. We also routinely engage in review and interpretation of a wide array of contract documents on behalf of our clients.
Chioini Group routinely engages in collection matters for our business clients, including creditor’s exams and other post judgment collections.
Due diligence is a term used for a number of concepts involving an investigation of a business or person prior to signing a contract and to act with a certain standard of care. Not only is due diligence commonly a legal obligation owed by certain officers of a company, but it is also a process that all business should engage before engaging new business relationships, methods, or other decisions related to your business.
At Chioini Group, we routinely assist our clients in making sure that they and/or their business are making an informed decision and that all costs, benefits, and risks have been properly assessed. We continue to develop and refine various checklists and steps that for our business clients to follow so as to limit potential liability and ensure success.
There are some scenarios in the business world where litigation cannot be avoided. Although there may come a time when your business is on the receiving end of a lawsuit or you must engage in the prosecution of your own legal remedies. We have successfully represented a number of our business clients in litigation, including, but not limited to: business torts, contract disputes, employment issues, collection matters, and a variety of other legal claims. Our office was founded and established as a litigation firm and we remain the last of a dying breed of litigators in the legal profession.
As the business economy becomes increasingly fierce and competitive, business torts litigation will continue to rise. A business tort in contrast to litigation involving a contract generally stems from some interference or injury that is inflicted on a business. We routinely engage in prosecution and defense of business torts. The most routinely litigated business torts include the following:
- Tortious Interference of a Contract or Business Relationship by a Third Party
- Enforcement of Non-Compete Agreements or Trade Secrets
- Misappropriation of Trade Secrets
- Unfair Competition
- Fraud and Misrepresentation
- Business Defamation
- Breach of Fiduciary Duty
- Civil Conspiracy
Similar to many other areas of law, it is becoming increasingly difficult to resolve legal matters through litigation. As such, many businesses seek to use contracts that rely heavily on Alternative Dispute Resolution (ADR) in lieu of litigation. Chioini Group is experienced in all forms of mediation, facilitation, and arbitration related to business matters.
The biggest growing pain for most business is the effective and proper administration of their labor force and adherence to the ever-changing laws and regulations. At Chioini Group, we routinely assist our clients in implementing proper protocol and other procedures to avoid liability. Additionally, we provide our clients with assistance in day-to-day administration and advise on other questions that they have relative to their employees.