Tag Archives: business law attorney

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Beware of Arbitration Clauses in Contracts: tips for people in Arlington, VA

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Have you ever wondered what role business attorneys play in society? Well, if you are a consumer or a small business owner, it is time you paid more attention to these legal professionals. In a world where everything is done under the constraints of contracts, anything can go wrong and it is no wonder there are so many contract lawsuits piled up in the court system today.

So you have bought that credit card after signing a lengthy contract agreement. You rightly assume nothing can go wrong because this is a big credit card company. Unfortunately, you could be wrong. Somewhere in the final pages there is a small clause that you missed, or even if you read it, its implications haven’t sunk in your mind yet.

Most probably it was phrased something like “the company may elect to resolve any claim by individual arbitration.” So what is the dark side of such a clause? Here are some ideas:

  • It is legally binding and thus supersedes your right to go to court for justice.
  • Arbitration is not a court process because there is only one arbiter whose decision is legally binding.
  • Arbitrators are not always impartial.
  • Courts rarely reverse an arbitration judgment.
  • Arbitration clauses can ban class action which means consumers are at the mercy of large corporations.

Furthermore, if you have ever signed a contract, it is likely you didn’t scrutinize the ominous arbitration clause. These clauses are now the subject of intense debate because corporations are fighting off class lawsuits using this clever addition. In essence, you are signing your rights away through these arbitration clauses and this is where a business law attorney comes in handy.

Before you sign any kind of contract you must get an attorney to scrutinize it and approve. If you are just starting off, a small business attorney is critical when you get into deals with large corporations to avoid financial losses due to arbitration clauses. Before you sign that tempting contract, let expert go through it lest you sign your legal rights away.

Contact us now for more details about our business attorneys in Arlington, VA.

A guide to the Virginia Consumer Protection Act (VCPA) for residents of Arlington, VA

If you are an Arlington resident or business owner, you must have followed the 2014 Supreme Court hearing on consumer protection law closely. The Virginia Consumer Protection Act of 1977, beginning 59.1-196, has been a subject of debate within both the legal and business circles.

The clarification by the court that proscription of conduct by suppliers in consumer transactions extends beyond fraud, changes the entire picture and brings to the fore the role of a business law attorney.

VCPA in its most basic description is supposed to be applied as a remedial legal tool which prohibits unethical business practices between consumers and suppliers. The ruling now clarifies that consumers can rely on VCPA to sue against fraud in case of a transaction where these and more situations exist:

  • False pretense
  • False promise
  • Misrepresentation

This area of commercial litigation is complex, but with the right attorney you can get a fair hearing against any unscrupulous business practices. VCPA not only protects you as a consumer but also caters for your business attorney’s fees. While this broad description might seem sufficient, there is a myriad of other details in the Act that make it crucial for you to use an attorney’s service to get a better understanding.

For instance, while ordinary consumers are succinctly protected under the law, churches and other religious organizations are covered too. There are also 54 categories which are classified as fraudulent acts and practices.

VCPA covers even more situations than you might expect. Consumer protection, for instance, includes a variety of actions related to goods and services such as sale, advertising and lease of these goods for personal, family or household uses. This is a very broad description which makes it important for you to find an attorney in case you feel aggrieved in a transaction.

Do you feel cheated by your retailer, landlord or even your plumber? Well, the Virginia Consumer Protection Act offers the best legal recourse. Whatever the situation you’re in, your business law attorney will be able to advise you on the best route to getting justice.

Reach out to us today for more information about our business law attorneys in Arlington, VA

What can a civil litigation attorney assist you with?

Having breach of contract problems? Faced with a dispute over a commercial lease? Who do you turn to? In the business world it can be hard to know just what type of lawyer or attorney you need, when faced with these types of situations. Our business attorneys at Schleifman Law often encounter clients looking to find an attorney, without understanding the services offered by each type of attorney. This can lead to wasted time and frustration.

Let’s take a look at civil litigation attorneys. A civil litigation attorney can assist you with a variety of disputes and scenarios as follows:

  • Whistleblower, false claims and Qui Tam litigation.
  • Breach of contract, material breach of contract, breach of contract damages.
  • Commercial lease disputes.
  • Real estate and construction litigation.
  • Unfair trade practices and business torts.

As such, civil litigation attorneys deal with non-criminal law suits. Their job is to ensure that all the correct legal steps are taken when filing and pursuing a law suit of a business or commercial nature. They are qualified to provide legal advice and ensure that you are advised as to whether your specific case is best taken to court or settled outside of court. Your civil litigation attorney will also be able to represent you in court – which is certainly advised when encountered by any of the abovementioned legal issues.

Civil litigation services offered by Schleifman Law in Fairfax County 

At Schleifman Law in Fairfax County we provide our clients with professional civil litigation services provided by qualified and experienced civil litigation lawyers. Simply bring your legal situation or claim to us and we will ensure that it is legally handled and processed correctly. With the assistance of one of our business attorneys on your side, you stand to achieve a more suitable outcome.

If you would like to discuss your case and gain legal advice from one of our business law attorneys, contact us via email or telephone at Schleifman Law today.

A legal guide to selling your business

Advice on selling your business from qualified and experienced business law attorneys: Selling your business might be the ideal exit strategy for you, but there are various requirements and legal obligations that you must meet before the sale can be successfully processed. Ensuring that all of your bases are covered should be your very first step. You can do this by preparing a sales agreement. The sales agreement is essential to the purchaser as it contains all of the terms of the purchase including a list of stocks and assets being handed over. It is important that you have your dedicated business attorneys read the document over or handle its preparation on your behalf.

A typical business sales agreement should address / include the following:

  • Name of the business as well as the full details of the seller and buyer.
  • Background information on all parties.
  • List of assets and inventory included in the sale.
  • The sale cost expected from the purchaser and terms of the payment (how the amount will be paid over to you).
  • Non-compete agreement to protect the interests of the purchaser.
  • Representation and warranties of both buyer and seller.
  • Contingencies.
  • List of all fees involved, including that of broker’s commissions.
  • Date that the business will officially close or change ownership.

Below are a few tips on selling your business:

  • Set a reasonable price in place – be realistic or you will frighten potential buyers away with the cost.
  • Keep tax deductions in mind. Many people are surprised to find a large chunk of their earnings must go to tax. How your business is set up legally (is it a CC, LLC or similar?) and whether you sell it inclusive of assets or not, will affect the tax amount due. Chat with a CPA to find out just how much you will lose to tax, before you look for a buyer.
  • Ensure that you have your legal documentation in order for the sale. You need to be prepared if you find a suitable buyer. Ensure that you have a sales agreement already roughly drawn up by your small business attorney.

Get legal advice for selling your business from Fairfax County business attorneys, Schleifman Law

If you would like to sell your business, there are steps to be followed to ensure that everything is handled legally. At Schleifman Law we are experienced in business law and have prepared many buy/sell agreements and negotiated, drafted and counseled on a multitude of sales and purchase agreements. We have experience in working with large multi-national companies as well as small businesses.

For more information and legal advice on selling your Fairfax County business, contact us via email or telephone at Schleifman Law today.

Arlington Business Attorney | Liability Concerns for LLCs

Starting a business in the New Year? Get professional legal advice

Arlington Business Attorney | Liability Concerns for LLCs

If you plan on starting a business in the New Year, you might want to seek out the professional advice and guidance of a small business attorney or law firm. It goes without saying that starting a business in Fairfax County, or anywhere really, can be a daunting task. Of course you will need to determine what your products and services will entail, but there’s a great deal more to consider too.

As a new business owner you will need to spend some time choosing a business attorney who will be able to advise you during the upcoming years. Deciding on the legal form of your business is quite important. You will then need to organize a variety of other things including:

  • Decide what type of business entity you should operate under.
  • Obtaining legal business licenses and permits for your business.
  • Set definitions in place to determine the legal rights, duties and obligations of your business officers, directors, partners and members.
  • Developing a pricing or cost structure for your products and services.
  • Decide on and set up an accounting system.
  • Opening a bank account.
  • Managing business and employee tax contributions and deductions.
  • Setting business insurance in place.
  • Arrange financing.
  • Decide how to legally protect trade secrets.

The legal implications of starting a new business can seem daunting, especially when you’ve just started a New Year, but they don’t have to be. With the help of the right professional business attorneys, you can have the legal side of your business handled efficiently and effectively for you.

Get legal advice for starting a business from Fairfax County business attorneys, Schleifman Law

At Schleifman Law in Fairfax County, we offer professional legal advice to start-up as well as large multi-national companies. We can fully provide you on all the legal requirements of starting up a new business and assist you every step of the way from deciding on whether to operate as a membership corporation, limited liability company, formal partnership or joint venture, to the drawing up of legal governing documentation, bylaws, operating agreements, partnership agreements, shareholder agreements and more.

If you want to ensure that all your legal affairs are in order when starting your new business, partner with us at Schleifman Law. For more information and legal advice, contact us via email or telephone at Schleifman Law today.