Business Matters Requiring Non-Compete Contracts

Posted on : September 18, 2014

Arlington business torts attorneysMany businesses make non-competition agreements a standard part of their employment agreements. A knowledgeable Fairfax business lawyer can assist with the drafting and interpretation of these agreements and advise you about potential pitfalls.

Standard Uses and Elements of a Non-Compete Clause

Non-compete clauses may be a standard part of a larger employment agreement or can be drafted separately. These clauses can be an invaluable protection against unfair competition. Many businesses have sensitive intellectual property information and trade secrets that could severely undermine their bottom line if they aren’t protected. As your Fairfax business lawyer can explain, most clauses require employees to sign the agreement prohibiting them from soliciting company clients or customers should they leave the company and go to work for a competitor or in a similar business. 

Enforceability Issues

Non-compete clauses are, of course, subject to challenge by the courts. In most cases, they are enforceable if the terms are reasonable. Generally, courts look at whether the restrictions are for a limited duration and not overly broad in terms of their geographic scope. Conversely, the longer the duration of the restriction, the less likely the court will enforce it. There is no hard and fast rule as to how long is considered reasonable and courts will look at this on a case by case basis. Your attorney may have expertise in the field and can give you a realistic assessment of what is standard for your business. Additionally, courts are reluctant to enforce non-compete clauses that restrict the employee from working anywhere in that business would likely be considered too broad.

Representing Our Business Clients

Our attorneys can counsel you on a wide range of business needs from contract drafting and negotiations to representation in the event you have a dispute. The sooner you seek qualified legal counsel, the more options you may have for resolving or anticipating disputes before they arise.

To discuss your business needs with an experienced Fairfax business attorney, contact the offices of Schleifman Law, PLC. To make an appointment, call 703-528-1021.

Basic Facts about Limited Liability Companies  

Posted on : September 12, 2014

Starting a business comes with major decisions. A Fairfax business lawyer can review your business plan and help you decide the best way to structure your company to meet your goals and objectives. One popular business structure is the limited liability company or LLC. Your attorney can counsel you on whether an LLC is right for your circumstances.

Benefits of an LLC

An LLC works as somewhat of a hybrid between a partnership and a corporation. In that way, it has become an increasingly popular organizational choice for entrepreneurs, especially those owning a small business. As your Fairfax business lawyer can explain, the LLC provides a more flexible structure than a traditional corporation in terms of management and formal filing requirements. It also offers similar protection against personal liability of the owners (called members) as a corporation does. In that sense, an LLC can represent the “best of both worlds.” LLCs offer flexible management as well as personal liability protection. Your attorney can also discuss the tax structure of an LLC; they are generally taxed like a partnership. An LLC also provides continuity for the business in the event one of the members passes away or leaves the company.

When an LLC May Not Be Right for You

Even with it’s numerous advantages, LLCs aren’t the best choice for everyone. Your attorney can carefully review how you plan to operate your business and help you make an informed decision. While more and more states recognize LLCs, not all of them do. This can become an issue if your customer base is national or global. Also, even though the LLC has fewer formal requirements as opposed to a traditional corporation, there are still some. Your attorney can review your management goals and challenges and make a recommendation. In the end, the decision is ultimately up to you but your attorney can arm you with the legal knowledge you need to make a good one.Trust an experienced Fairfax business law firm with your legal business needs. To schedule an appointment with Schleifman Law, PLC, call 703-528-1021.

A Fairfax Business Lawyer Discusses the Importance of Thorough Business Contracts

Posted on : September 4, 2014

When doing business, it is best to put everything in writing – no matter how seemingly insignificant. Too often, once-amicable business associates wind up litigating matters that were either not included in a contract or were worded so ambiguously that neither party is able to decipher the true meaning of the contract term. This leaves the outcome of the matter up to the whim of the court, which immediately takes the control away from the parties and can create additional toxicity in the business relationship. By working with an experienced Fairfax business attorney on your company’s contracts, you can ensure a thorough attention to detail and ironclad terms representing your expectations.

Why You Should Use an Attorney for Your Business Dealings

A contract may seem relatively simple at the outset: A agrees to deliver 50 widgets to B within ten days. However, parties can quickly run into problems as soon as an unexpected event occurs. What if A can’t deliver on time due to inclement weather? Can B reject the shipment? What if A’s widgets are the wrong color, the wrong size or are in the wrong package? Does A have an opportunity to correct the problem?

As you can see, a more thorough contract is clearly needed – just in this simple example alone.

As your Fairfax business lawyer will explain, discrepancies and disagreements occur regularly between businesses, and the terms of the contract are quickly relied upon to clear up any doubt as to each side’s responsibilities. In the event that the issue winds up in litigation, the court will have a much easier time deciphering a clearly-drafted, thorough contract than one covering just the basics.

What’s more, your attorney can also advise your business if you are having a hard time determining if you are within the confines of an existing agreement or whether further compliance measures are needed. Again, by working with a competent business contracts attorney, you can avoid the time, hassle and expense of going through a civil lawsuit later.

Contact a Reputable Fairfax Business Lawyer Today

Don’t leave your business relationships to chance – contact Schleifman Law, PLC right away for advice on how to best protect your business assets from unexpected contract disagreements. For an appointment, call 703-528-1021 today!

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