Small Business Lawyers for San Jose, California
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Linda M.
I am a seasoned corporate transactional attorney with over 20 years of combined outside and inside General Counsel experience. My experience includes helping companies of all sizes, including start-ups with general corporate matters and commercial transactions.
"Linda did a great job! She was very prompt with responses, Kind, informative and was true to her word on budget and time of completion. Definitely will use her again."
Michael O.
A corporate and commercial litigation attorney with transactional and civil litigation experience including corporate and finance transactions, mergers and acquisitions, real estate, commercial contracts, bankruptcy, restructuring, international business transactions, general counsel services, real estate litigation, partnership, joint venture and contract disputes. Additional background skills and experience include investment banking, financial analysis, and management consulting. Sectors covered include technology, media, healthcare, franchises, small to medium enterprises, investment funds, and international business.
"He was amazing! He protected me from fraud and I will most definitely continue my business with him… Thank you Michael!"
Alen A.
Alen Aydinian is a seasoned real estate attorney with a wealth of experience in handling transactional matters, real estate transactions, and lease agreements. As a licensed real estate broker, Alen Aydinian brings a unique perspective to the table, allowing clients to benefit from both legal expertise and practical industry knowledge. He is a trusted advisor in the realm of real estate transactions and lease agreements. Whether representing buyers, sellers, landlords, or tenants, Alen Aydinian is committed to providing strategic counsel and dedicated advocacy every step of the way. Clients rely on him for sound legal guidance, proactive problem-solving, and unwavering support throughout the transaction process.
"I contracted Alen for a commercial lease review. I couldn't be happier with the results, as he exceeded my expectations. He completed the project 2 days ahead of the estimated timeframe, gave me high quality feedback, and suggested alternate language. We had a call at the end and he answered all of my questions in detail. Incredible value. I'm so happy I chose Alen, and I definitely recommend him to anyone else needing legal assistance."
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Phocus L.
G'day, my name is Michele! I work with startups, entrepreneurs and small/medium-sized businesses across the country in a wide array of industries. I help them with all of their ongoing, daily legal needs. This includes entity formation, M&A, contract drafting and review, employment, asset sale & acquisition, and business sales or shareholder exits. I'm half-Australian, half-Italian, and I've lived the last 20+ years of my life in America. I've lived all over the USA, completing high school in the deep south, graduating cum laude from Washington University in St. Louis, and then cum laude from Georgetown University Law Center. After law school I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left to become General Counsel and VP of an incredible, industry-changing start-up called Urban Mining Company (UMC) that manufactures rare earth permanent magnets. I now work for Phocus Law where I help run our practice focused on entrepreneurs, startups, and SMEs. I love what I do, and I'd love to be of help! My focus is on providing stress-free, enjoyable, and high-quality legal service to all of my clients. Being a good lawyer isn't enough: the client experience should also be great. But work isn't everything, and I love my free time. I've been an avid traveler since my parents put me on a plane to Italy at 9-months old. I'm also a music nut, and am still looking for that perfect client that will engage me to explain why Dark Side Of The Moon is the greatest album of all time. Having grown up in a remote, and gorgeous corner of Australia, I feel a strong connection to nature, and love being in the elements.
Gregory B.
I love contracts - and especially technology-related contracts written in PLAIN ENGLISH! I've worked extensively with intellectual property contracts, and specifically with IT contracts (SaaS, Master Subscriptions Agreements, Terms of Service, Privacy Policies, License Agreements, etc.), and I have built my own technology solutions that help to quickly and thoroughly draft, review and customize complex contracts.
"Once again, Greg was incredibly prompt and responsive to my business's unique needs. Happy to have used his services, highly recommend!"
Tabetha H.
I am a startup veteran with a demonstrated history of execution with companies from formation through growth stage and acquisition. A collaborative and data-driven manager, I love to build and lead successful teams, and enjoy working full-stack across all aspects of the business.
"Tabetha provided feedback on a legal document in a timely and thorough manner. I plan to use her services going forward."
July 29, 2021
Stanley K.
Stan provides legal services to small to medium-sized clients in the New England region, and throughout the U.S. and abroad. His clients are involved in a variety of business sectors, including software development, e-commerce, investment management and advising, health care, manufacturing, biotechnology, telecommunications, retailing, and consulting and other services. Stan focuses on the unique needs of each of his clients, and seeks to establish long term relationships with them by providing timely, highly professional services and practical business judgment. Each client's objectives, business and management styles are carefully considered to help him provide more focused and relevant services. Stan also acts as an outsourced general counsel for some of his clients for the general management of their legal function, including the establishment of budgets, creation of internal compliance procedures, and the oversight of litigation or other outside legal services.
Sam W.
Sam Widdoes has practiced law in California since 2014. He began his career as a litigation associate at a boutique firm in Los Angeles, and founded a production development company with a partner in 2017. Since then, Sam has served as the head of business and legal affairs at District 33, while working hand-in-hand with writers, directors and actors to develop, pitch and produce scripted and unscripted content. In that role, Sam produced the documentary series BLACKBALLED for Quibi/Roku, and will produce the upcoming documentary feature AS WE SPEAK directed by J.M. Harper for Paramount+/MTV, and the doc series THE BLACK BOX for MRC and XYZ Films. He is also the executive producer of an upcoming limited series with CBS TV starring Judith Light and Noah Wyle called SHADOWS IN THE VINEYARD, and a feature comedy for Spyglass Entertainment, among other projects. In early 2022, Sam opened WIDDOES LAW, APC, after recognizing a need for experienced legal services in the unscripted and documentary spaces. Since opening his own practice, Sam has advised producers, editors, directors and rights holders on a variety of agreement negotiations, including option purchase contracts, collaboration agreements and documentary producer deals. Sam also serves as production counsel for several documentary features, series and short films, and will draft, negotiate and advise on all legal aspects of the projects, including financing, production and distribution. Sam earned his Juris Doctor from The Catholic University of America, Columbus School of Law in 2013, where he graduated on the Dean's List and as a member of the Society of Trial Advocates. He holds a BA in journalism from the University of Richmond, and sits on the Board of Trustees at Turning Point School in Culver City, California. Sam is passionate about quality storytelling, and supporting those with the vision and drive to share their stories with the world.
August 22, 2021
Chris J.
I'm a business law generalist with over 24 years of experience, including as in-house General Counsel, as outside counsel through my own firm and as an attorney in an Am Law 100 law firm. My employers and clients uniformly appreciate my ability to (i) negotiate and close transactions quickly and effectively, and (ii) to make the complex simple. Among other things, I can efficiently assist you on entity formation, governance, and structure; HR issues; mergers and acquisitions; and the negotiation and drafting of all types of commercial contracts. I'm the proud recipient of multiple Martindale-Hubbell Client Distinction Awards given only to the top 5% of attorneys for quality of service.
August 23, 2021
Gregory W.
Strategic thinking business minded Outside General Counsel here to help you with your company. I have been able to help guide business owners from startup through series A, B, & C funding and ultimately IPO's. Regardless of your plans I am here to help you succeed as you grow your business.
Alex M.
Mr. Mehdipour attended the University of California San Diego where he received his degree in political science. After graduating from UCSD, Mr. Mehdipour attended Southwestern University School of Law where he received his JD. Upon passing the bar, Mr. Mehdipour gained invaluable experience both in a law firm and business setting. Mr. Mehdipour uses his prior business and legal experiences to negotiate the most advantageous results for his clients.
October 22, 2021
Thaddeus W.
Experienced legal counsel to entrepreneurs, small businesses, and investors. Advising clients starting, buying, selling, operating, financing, and investing in businesses // U.S. Army Veteran // Ironman Triathlete, Marathoner, Open Water Swimmer, USAT Triathlon Coach // Lover of Dogs, Cribbage, Craft Beer, Bourbon, and Cigars
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Browse Lawyers NowSmall Business Legal Questions and Answers
Small Business
Commercial Lease
North Carolina
What's the repair responsibility in a commercial lease?
I am a small business owner in the process of signing a commercial lease for a retail space. I am trying to understand my responsibilities as the tenant regarding repairs and maintenance of the property. I want to make sure I understand what my repair responsibility is in the lease before signing it.
N'kia N.
In a North Carolina commercial lease agreement, it is common for the landlord to be responsible for major maintenance and repairs (including structural issues) and the tenant to be responsible for minor maintenance and repairs (including general wear and tear). However, the landlord and the tenant may agree to alternative arrangements in the written lease. The best way to more fully understand your specific maintenance and repair responsibilities under a specific lease agreement is to have an attorney review the agreement and discuss it with you. Good luck!
Small Business
Fictitious Business Name Statement
Texas
How do I legally operate my business under a different name?
I recently started a small business and I am considering operating it under a different name, commonly referred to as a 'Doing Business As' (DBA) name, for branding purposes. I want to understand the legal process and requirements involved in obtaining and using a DBA name, including any potential restrictions or limitations, to ensure that I comply with all necessary regulations and protect my business interests.
Randy M.
If you're thinking about doing business under a name that’s different from your company’s legal name, you're probably looking at what's called a DBA, or "Doing Business As." It’s a straightforward way to operate under a brand name without having to form a whole new entity, but there’s a formal process involved, and you’ll want to be aware of a few legal limitations. The specifics vary depending on the state you’re in, and sometimes even the county, so it’s not a one-size-fits-all situation. That said, most of the core rules are fairly similar across the country. Now, let’s talk about what a DBA actually is. At its core, a DBA is just a trade name. It doesn’t create a new legal entity, and it definitely doesn’t give you any liability protection. It’s often used by sole proprietors who want to operate under something other than their personal name, or by LLCs and corporations that want to launch a new brand, product line, or service without going through the trouble of setting up a whole new business. For example, if you’ve got an LLC called "Smith Holdings LLC" and you decide to open a coffee shop, you might file a DBA for "Sunrise Coffee Roasters." That lets you market the business under the new name while still operating under the legal umbrella of your existing company. When it comes to filing, this is where things start to depend heavily on where you’re doing business. In a lot of states, sole proprietors and partnerships have to file their DBA at the county level. LLCs and corporations usually file with the Secretary of State. There are states where both levels apply, so it’s important to double-check. The application itself is usually short. You’ll need to list the legal business name, the DBA name you want to use, your business address, and some ownership information. Filing fees vary but generally range from ten to one hundred dollars. Certain states also have publication requirements. That means once you file, you might have to publish a legal notice of your new DBA in a local newspaper for a few weeks and then provide proof that you did it. California and New York both have this requirement, although how strictly it’s enforced can vary. Now, you can’t just pick any name you want. The DBA can’t include terms that would mislead someone about your business structure. So if you’re not legally an LLC or a corporation, you can’t include “LLC” or “Inc.” in the name. States also tend to restrict certain words like “bank,” “trust,” or “insurance” unless you have the proper licenses. Before you commit to a name, it’s a smart move to search your state’s business name database to check if the name is available. And don’t stop there. Check the USPTO’s trademark database too. Just because a name is approved locally doesn’t mean it won’t infringe on a federal trademark. Here’s another key point. A DBA is only valid in the area where you register it. So if you plan to do business under that name in more than one county or state, you’ll likely need to register separately in each one. For example, if you're operating in both Florida and Georgia using the same trade name, you’ll probably have to file in both states. If you're going to use the DBA in banking or legal documents, make sure it’s officially filed first. Banks will usually require a copy of your DBA certificate before they’ll open a business account under the trade name. And when you’re drafting contracts or issuing invoices, you should use the DBA consistently, but you should also list your legal entity name to avoid confusion. Something like “ABC Enterprises, LLC, doing business as Coastal Rentals” covers all your bases. Just remember, registering a DBA is not the same as forming a business entity. If you’re a sole proprietor and you want to protect your personal assets, you need to consider forming an LLC or a corporation. A DBA alone doesn’t give you any liability protection, and it doesn’t give you ownership of the name either. Someone else in another county or state could still legally use the same name unless you’ve filed for a trademark. Also, most states require that you renew your DBA every few years. In some places, it’s every three to five years. Texas gives you a ten-year term. New York, on the other hand, treats the registration as indefinite unless you make changes. If you stop using the name, you might need to formally withdraw or cancel it, especially if it’s tied to your bank account or business licenses. A few common mistakes to avoid here. One is assuming that registering a DBA gives you exclusive rights to that name. It doesn’t. Another is using your DBA in a new area without registering it there. That can lead to fines and might even prevent you from enforcing contracts in court. If you’re going to use the DBA online or for branding, secure the domain name early and consider filing for a trademark if you want broader protection. Finally, if you're planning to operate in multiple states, license your brand, or you’re even a little unsure about trademark risks, it’s a good idea to speak with a business attorney. A lawyer can help you determine whether a DBA is the right tool for your situation or if forming a separate entity or filing a trademark would offer stronger protection. If you’re looking for guidance, the attorneys here on Contracts Counsel can assist you with the next steps.
Small Business
Multi-Member LLC Operating Agreement
New York
Can a multi-member LLC operating agreement be amended without the consent of all members?
I am a member of a multi-member LLC and we currently have an operating agreement in place that was agreed upon when the company was formed. However, there have been changes in the business and we feel that certain provisions in the operating agreement need to be amended to better reflect our current needs and goals. Some members are hesitant to make these changes and we are unsure if the operating agreement can be amended without the consent of all members or if unanimous consent is required. We are seeking clarification on the process of amending the operating agreement and the level of consensus needed among the members.
Damien B.
Hello! My name is Damien Bosco, Esq. My law office is located in Long Island City across from Manhattan. If the operating agreement is silent on amendments, the default rule under New York's Limited Liability Company Law (LLCL) would apply. According to Section 402 with exceptions in Section 417 of the LLC Law, the operating agreement can generally be amended by a majority vote of the members, unless the agreement specifically requires unanimous consent for amendments. However, certain provisions require the consent of a member adversely affected by the amendment.: A) the obligations of any member to make contributions, (B) the allocation for tax purposes of any items of income, gain, loss, deduction, or credit, (C) the manner of computing the distributions of any member or (D) the compromise of an obligation of a member to contribute is contained in the articles of organization. If there are to be amendments without unanimous consent, it is better to have an attorney supervise the amendment process on behave of the LLC to make sure the amendment process is following NY law.
Small Business
C Corp
North Carolina
C corp vs. S corp: Which is better?
I am currently starting a new business and am trying to decide which corporate structure is best for my particular situation. I have heard that C corps and S corps have different advantages and disadvantages, so I am looking to get legal advice as to which would be more beneficial for me. I understand that there are many factors to consider, such as taxation, liability, and potential for growth, so I am hoping to get a better understanding of the pros and cons of each structure and which would be the most suitable for my needs.
Nicholas M.
It would be impossible to give you a primer on all of the advantages and disadvantages, but here is a headnote version: C-Corp Pros: Ultimate flexibility with regards to ownership, control, power, etc through the issuance of one or more classes of shares. Cons: Double taxed. You will be taxes as a corporation and as an individual taking a salary from the corporation. S-Corp (this is just a C-Corp electing to be taxed under subchapter S of the IRS code): Pros: Tax advantage for owners (up to 100 people) from not double taxing. Cons: Less flexibility than C-Corp but more granular control than LLC. Depending on the situation, most companies starting out are better off starting an LLC, which has less formalities, and then converting to a S-Corp or C-Corp once they scale and can take advantage. C-Corp, S-Corp, and LLC all have the same level of liability protection if you follow the formalities for formation and maintenance. C-Corps have the most rigor and LLCs have the least. You can also consider LLP and other business structures based on co-owners or other factors that a lawyer can help you evaluate.
Small Business
Shareholders Agreement
Florida
Shareholders agreement and dividend policies?
I am a shareholder in a small business and am looking to understand the implications of a shareholders agreement and dividend policies on my ownership rights. I am considering entering into a shareholders agreement but want to ensure that I understand how dividends will be paid out and what rights I will have to receive my share of profits.
Daniel D.
The shareholder agreement should specify your ownership rights and the policy on dividends. Or, the LLC Operating Agreement or Corporate By Laws could state when, to who and how frequent dividends are given out. Without seeing the shareholder agreement it is difficult to say what your rights will be and how the dividends will be paid out as each small business is unique.
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Small Business lawyers by top cities
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Small Business lawyers by nearby cities
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