Business Contracts Lawyers for San Jose, California
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Kevin A.
With nearly 20 years’ experience as a seasoned commercial real estate attorney, I am highly proficient in property acquisitions, financing, sales and transfers (including renewable energy and telecommunications projects), commercial lease agreements (office, industrial, retail, and hospitality), construction and property management contracts, due diligence matters, title and survey analysis, strategic litigation oversight, and corporate and regulatory compliance (operating agreements, bylaws, shareholder agreements, NDAs, and indemnity agreements).
"I hired Kevin to review a business lease and purchase agreement - he was extremely helpful and knowledgeable. 10/10, highly recommend!"
Alexander N.
Having overseen over $1.2 billion in transaction value, we are able to provide top-tier service at affordable rates, with much more personalized attention and fast turnarounds. After working for a AM Law Top 100 firm, I started my own firm and have been lucky enough to represent numerous conglomerates (FOX, Endeavor, etc.), promising startups, small businesses and private individuals. Our areas of expertise - Business Formations and Operating Agreements; Capital Raises and Debt Financing; Commercial Transactions; M&A; Real Estate; Intellectual Property; Employment and Hiring; Outside General Counsel; Corporate Agreements and Governance; Litigation and Dispute Resolution. We have been featured in The Wall Street Journal, Marketwatch, Yahoo Finance, Variety, Business Insider, Los Angeles Magazine, the LA Times, and others. We are driven by an unwavering commitment to our clients, going above and beyond to deliver results.
"Very fast turnaround time, easy to work with, appreciate the contract review!"
Dolan W.
You need a lawyer who's more than just knowledgeable – you need someone who's on your side. That's where I come in. I'll be there every step of the way, offering clear communication and proactive solutions. Whether you're starting a business or navigating a complex legal matter, I'll help you make informed decisions and achieve your goals. I also have drafted many templates to save you money. Just use this link - https://www.contractscounsel.com/client/lawyer-profile/3764#Templates Why Choose Me? I put you first I'm proactive I'm efficient I'm accessible
"Dolan has been extremely helpful throughout the contract review process. He has been thorough, responsive, and detail-oriented when reviewing agreements and addressing questions or concerns. His ability to identify key contract items and provide clear feedback has helped move the process forward efficiently. Dolan communicates professionally and follows up in a timely manner, which has made collaboration smooth and productive. His knowledge and support have been valuable in ensuring contracts are reviewed carefully and accurately."
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April 10, 2024
Gordon F.
30+ Years counseling clients in entertainment, media and the arts and representing them in transactional, structural and strategic matters.
April 15, 2024
Justine F.
Versatile, analytical, detail-oriented California barred corporate attorney with a comprehensive real estate, transactional and finance background as in-house counsel to large real estate developers, asset and property management companies, Fortune 500 quick service retailers/restaurant franchisors and international energy franchisors (retail and gasoline/mini market). Strong analytical and problem-solving skills, work ethic and integrity. Enthusiastic and quick mastery of new responsibilities, technologies and business strategies.
April 25, 2024
Darren S.
Practiced civil litigation and bankruptcy law for 30 years.
June 11, 2024
Christopher S.
I've been a solo practitioner since becoming barred, though I've had part-time arrangements with firms and lots of as-needed of-counsel arrangements. I have extensive experience in family law, civil litigation, unlawful detainers, administrative law, with ample experience in probate court, criminal defense and other areas.
Tom G.
Tom Gallagher, one of our leading attorneys, has been recognized on numerous occasions as a distinguished lawyer and civil litigator in California. His extensive experience and proven track record have contributed to our firm’s reputation for providing top-notch legal services in areas such as commercial litigation, personal injury, real estate litigation, and corporate law. We strive to offer personalized solutions that meet the unique needs of each client, and we continue to build on our legacy of success. Tom enjoys cooking, biking, travel, surfing, golf, family and relaxing with a good book. Although dedicated to his family life and living a balanced lifestyle, Tom offers a flexible schedule and easy online booking to speak with him directly
July 26, 2024
Matthew S.
I am a business, Internet, and intellectual property lawyer. My practice is split between both transactional work and litigation. Prior to law school, I earned a master’s degree in computer science, which gives me the background and experience to understand technology, software, and the Internet better than most attorneys, and so my practice focuses on these areas. However, I represent clients in almost any industry, including real estate, construction, medicine, service, and consumer products.
September 3, 2024
Dennis S.
Dennis Sponer co-founded ScripNet, a uniquely designed Pharmacy Benefit Management (PBM) company in 1997. After serving as In-House Counsel for one of Las Vegas’ largest healthcare conglomerates, Dennis devised a payor based technological solution to the challenge of pharmaceutical payment and remittance. As one of the first workers’ compensation specific Pharmacy Benefit Managers in the industry, Dennis pushed the boundaries of what a PBM can do. ScripNet was a three-time winner of the Inc. 500 and was named to the Inc. 5000 numerous times thereafter. Clients of ScripNet included some of the largest carriers, governmental entities, and self-insured employers in the nation, including FedEx, Starbucks, Lockheed Martin, the Cities of Dallas, Atlanta and Philadelphia as well as the State of Texas and the State of Nevada. After fifteen years of exceptional growth and class leading industry recognition, ScripNet was acquired in 2012 by Optum Healthcare Solutions. After selling ScripNet, Dennis served as Executive Vice President for the acquiring company and was successful in integrating ScripNet into the larger entity. His latest venture, HSARx, was a consumer facing Pharmacy Benefit Manager focused on the owners of health savings accounts. He sold HSARx to SwiftScript in October of 2023. Dennis obtained his Juris Doctorate from Brigham Young University where he served as Note and Comment Editor of the Law Review. He then obtained his Master of Laws in Taxation (L.L.M.) from the University of San Diego. After selling ScripNet, Dennis returned to school to earn his TRIUM MBA, the program jointly administered by New York University's Stern School of Business, the London School of Economics and HEC Paris. Dennis is a member of the 1999 Leadership Las Vegas graduating class, was named by InBusiness Las Vegas to its annual Top 40 Under 40 list, is a graduate of MIT's prestigious Birthing of Giants program and holds a certificate in full stack development from MIT. Dennis is licensed as an attorney in California and Nevada and is a past President of the Las Vegas Chapter of the Entrepreneurs' Organization. He serves on the Southern Utah University School of Business National Advisory Board, the SUU Entrepreneur Leadership Council and the UNLV College of Liberal Arts Board. Through his consultancy, SRX Advisors, Dennis serves as an advisor and legal counsel to various startups, health care technology and artificial intelligence firms.
September 4, 2024
Jonathan W.
Jonathan Wright offers 30+ years of legal and business expertise to clients seeking a trusted advisor. His experience as a CEO and General Counsel for tech, healthcare, and biotech companies enables him to provide seasoned guidance on complex contracts, strategic agreements, and business transactions. Whether you're starting a company, navigating financings, or handling day-to-day corporate legal needs, Jonathan offers valuable insights and support.
September 27, 2024
Jo Ann G.
Provides outside general counsel advice to corporate or individual clients with a vast range of legal and business matters. Has extensive general counsel experience in a wide range of legal areas. Has a background as an in house general counsel in the manufacturing, retail and consumer goods industries.
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Browse Lawyers NowBusiness Contracts Legal Questions and Answers
Business Contracts
International Contract
California
Can a party terminate an international contract due to force majeure?
I am a small business owner based in the United States and I have recently entered into an international contract with a supplier in China to provide raw materials for my manufacturing process. However, due to the ongoing COVID-19 pandemic, the global supply chain has been severely disrupted, causing significant delays and making it impossible for the supplier to fulfill their obligations under the contract. I want to know if I have the right to terminate the contract based on force majeure and what potential legal consequences or liabilities I may face if I do so.
Norman R.
Whether an international contract may be terminated due to force majeure depends on whether the contract includes a "force majeure clause" that defines those events that are beyond the control of either party and would render contract performance impossible. Typical force majeure events could include, war, natural or man-made disasters, "acts-of-god", civil turmoil, etc. Disruptions to global supply chains due to the Covid-19 pandemic could be considered a force majeure event if it is identified as such in the force majeure clause of the contract. To determine the legal consequences and liabilities of terminating the contract the contract should be reviewed by a qualified lawyer to evaluate: whether supply chain disruptions due to Covid-19 qualifies as a force majeure event; whether there are notice requirements for declaring a force majeure event; whether the notice requirements (if any) have been properly satisfied; whether the Party declaring a force majeure event must take mitigating actions, etc. You should consult with a qualified lawyer to determine specific legal consequences and liabilities based on the actual terms of your contract.
Business Contracts
Software Agreement
California
Software agreement and dispute resolution?
I am a software developer who recently entered into a software agreement with a business. We have had a few disputes arise during the course of the agreement, and I am not sure how to properly address them. I am looking for advice on how to resolve these disputes in accordance with the terms of the software agreement.
Thaddeus W.
Dispute resolution under a software agreement or other contract will typically be governed by the terms of the contract. A well-prepared software agreement will include a specific section or other provision saying exactly how a dispute will be resolved. These can (and often should) be very detailed. Sometimes, different types of disputes will have different dispute mechanisms. For example, a dispute over whether a deliverable was accepted may be subject to one approach, a dispute over payment may be governed by another, and a dispute over a claim of a violation of third-party rights by yet a third. Again, it depends on the terms of the contract. Hopefully, your contract includes a clear and specific provision for dispute resolution. If not, then you would default to trying to work it out. If that is not realistic, if the parties are willing to try mediation, that is often far more preferable to a lawsuit, both because it is usually far less expensive, and because it is not public. But, mediation is voluntary and, if the parties don't come to an agreement with the assistance of the neutral mediator, there is nothing from the mediation that can be enforced. That leaves the parties with a lawsuit or, if the parties agree (or if the contract provides for it) arbitration might be used instead of a lawsuit. Arbitration is often (but not always) less expensive. But, it will be confidential, whereas a lawsuit is a public matter. My dispute resolution provisions often include a stepped approach. Before a party is entitled to sue or initiate arbitration, they have to try to work it out between themselves for a specified period of time. Failing that, often I provide that mediation must be the next step. Only after that, if resolution by mediation fails, is arbitration or a lawsuit permitted. A good dispute resolution provision should include a number of other provisions, including: governing law, location of the proceeding (venue), forum (e.g., federal or state court, or AAA or JAMS as the arbitrator), number of arbitrators if applicable, rules of evidence and other rules in an arbitration if applicable, waiver of procedural defenses to venue and forum, a "loser pays" provision (or not), possibly a cap on "damages" (money the loser must pay), a contract-based statute of limitations, a finality provision (no appeals allowed), how and where an award under arbitration can be enforced ... among other considerations. Also, in many cases you will want a carefully prepared "equitable remedies" provision that is separate from any other dispute resolution provisions. This would allow a party to go to a court to ask the court not for money, but for force the other party to do or not do something. This often covers things like confidentiality, non-disparagement, indemnification, misuse by one party of property owned by the other, or other situations where payment of money is not applicable or won't be enough. Finally, these days, it is not a bad idea to include a specific provision allowing remote proceedings during any time and place where governing authorities have declared a health emergency related to a contagion ... or even just where an in-person proceeding can fairly be substituted with technology like Zoom to help keep costs down and otherwise for general convenience of the parties and "judicial economy."
Business Contracts
Work Order
California
Can a contractor be held responsible for completing work that was not specified in the work order?
I recently hired a contractor to remodel my kitchen, and we agreed upon the scope of work in a written work order, which included tasks like installing new cabinets, countertops, and flooring. However, during the remodeling process, the contractor also made additional changes to the plumbing layout without my consent, which resulted in additional work and expenses for me. I'm now unsure if the contractor can be held responsible for completing work that was not specified in the original work order, and I would like to know my rights in this situation.
Dolan W.
I'm so sorry about this situation! So generally, the answer to your question is that the contractor is generally not entitled to the extra money. The law requires that your home improvement contracts include a clause that states that a change order for extra work will be incorporated into the contract and shall only become a part of the contract only if it is in writing and signed by the parties prior to the commencement of any work, covered by a change order. Accordingly, the law would generally allow you to avoid having to pay for this extra work since it was likely not in the contract and not consented to in advance.
Business Contracts
Settlement Agreement
California
When does a non-disparagement clause end?
8.2 Continuing Obligations of Contractor. The provisions of Sections 1.3, 1.4, 2, 4, 5, 6, 7.2, and 8 shall survive expiration or termination of this Agreement for any reason. 9. Additional Provisions. 9.1 Non-Disparagement. Both Parties agree that they shall not, directly or indirectly, engage in any conduct or make any statement, whether in commercial or noncommercial speech, disparaging or criticizing in any way of the other Party, or any of its affiliates or clients or any of their respective owners, officers, employees or agents or services offered by any of them, nor shall either Party engage in any other conduct or make any other statement whether in writing, verbally or on-line, that could be reasonably expected to impair the goodwill or reputation of the other Party or any of its affiliates or clients. 9.2 Non-Solicitation. During the term of this Agreement, and for a period of twelve (12) months following termination of this Agreement, Contractor shall not, without the prior written consent of Company, directly or indirectly solicit for employment, employ or otherwise engage the services of employees or individual consultants of the Company. This subsection shall not apply to general solicitations, public job postings, or newspaper advertisements for employment opportunities.
JOSEPH L.
Since Section 9, Non-Disparagement, is not listed as one of the sections that "survives termination of this Agreement" it is arguable that once the Agreement terminates pursuant to the termination clause of the Agreement then the Non-Disparagement restriction will terminate as well. If no term is stated in a written agreement then presumably the restriction on disparaging that the parties agree to is not terminated, since the contract did not specify one, and therefore is a continuing obligation of both parties. Damages is another issue though. If the contract does not specify damages if one party breaches the agreement by disparaging the other, then what are the damages? Courts hate to guess at damages so the non-breaching party would have to prove "actual damages". If the non-breaching party cannot prove a loss of business or a lost contract with a client as a "direct result" of the disparaging comment, then the court will not guess at damages so the most the non-breaching party may hope to gain is an injunction against future disparaging comments and an order that such comments be removed from the internet, if that is where the comments appear.
Business Contracts
Assignment Of Partnership Interest
California
Can a partner assign their interest in a partnership without the consent of the other partners?
Can a partner, who is dissatisfied with the partnership and wishes to exit, legally assign their interest in the partnership to a third party without the consent of the other partners, and what are the potential implications or restrictions that may arise from such an assignment? I am currently a partner in a business that operates as a partnership, but due to personal circumstances, I am looking to leave the partnership and transfer my interest to another individual who is interested in joining. However, the other partners have been resistant to the idea of allowing me to assign my interest, and I am unsure of the legal rights and obligations surrounding this matter.
Dawn K.
You don't say what the partnership entity structure is, so I'm going to answer this as if it was an LLC. If this is just a partnership agreement that operates as a different structure, the answer would be found in whatever the partnership agreement says, but many "partnership" entities that I see in practice are formed with an LLC structure, with the partners as "members." If you are an LLC, it is time to look at your operating agreement. If you do not have one, you'll be under the "default rules" in California. There are two potential structures- a "manager" managed LLC and a "member" managed LLC, you'll need to look at your specific operating agreement to see whether your LLC is specified as "manager" managed. If you do not have one, by default, your business is more than likely, a member managed LLC. Generally, and this is education, not legal advice, there are specific acts that require unanimous consent of all members- and this may include transfer of interests- depending on any restrictions in the Operating Agreement. I would start from the documentation you signed to create the partnership, whether it is a stand-alone partnership agreement or an LLC and if you have an LLC structure look for whether your company is under the default rules or what the Operating Agreement states regarding transfers.
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