BUSINESS

TRANSACTIONS | LITIGATION

CALIFORNIA

CONTACT US

MBK Chapman can help

BUSINESS

TRANSACTIONS | LITIGATION

CALIFORNIA

CONTACT US

MBK Chapman can help

BUSINESS

TRANSACTIONS | LITIGATION

CALIFORNIA

CONTACT US

MBK Chapman can help

BUSINESS

TRANSACTIONS | LITIGATION

CALIFORNIA

CONTACT US

MBK Chapman can help

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BUSINESS AND CORPORATE TRANSACTIONS

If you were to look at what all successful and nimble businesses have in common, you’d find is that those companies enjoy a strong and regular working relationship with top-notch corporate and business attorneys. Whether it’s to ask a simple question, or draft a complicated business contract, immediate access to experienced, sophisticated, and qualified legal advice key to a business’s growth and success.

MBK Chapman acts as corporate counsel to scores of companies located all over the world. From startups to businesses that have been around for decades, MBK Chapman’s crack team of business and corporate transactional lawyers rely on decades of hands-on experience personally drafting complicated business documents and counseling the firm’s clients through the myriad daily challenges and tasks that arise in any successful, growing, and dynamic business, including:

BUSINESS FORMATION

You have a lot of options when it comes to deciding how you want to operate your business. You might want to simply open up a company under your own name (e.g., “Johnson Painting Services”) and start doing business without much fanfare. That’s called a sole-proprietorship. Or, you might want to open up a business with someone else, still in your own names (e.g., “Johnson Bros. Painting Services”), again without much fanfare. That’s called a partnership. Alternatively, you may want to start doing business, but also wish to limit your personal liability and shield your personal assets. In such a case, you could form a corporation or a limited liability company (“LLC”), both of which the law treats as separate “people,” and both of which offer their owners (i.e., shareholders and members, respectively) a shield from the debts/obligations of the business.

Choosing the correct structure for your business is one of the first important decisions you’ll have to make, and what you choose will depend on a variety of factors, including how your company will be taxed, whether (and to what extent) your personal assets will be safe from creditors, and the best way to obtain investors to help your company grow.

No matter what organizational structure you choose, however, there’s a good chance that you’re going to need at least some of the following documents properly prepared for your business:

  • formation documents, such articles of incorporation and bylaws (for a corporation), or articles of organization (for an LLC);
  • contracts spelling out the rights and obligations of the company’s owners, such as a partnership agreement (for a partnership), a shareholder agreement (for a corporation), or an operating agreement (for an LLC); or
  • fictitious business name statements (for sole-proprietorships and certain kinds of partnerships)

To be clear, when it comes to the partnership agreement, operating agreement, and shareholder agreement, their importance must not be underestimated. Those documents become incredibly important in cases where the owners stop getting along. In fact, those contracts by and between the owners, signed when everyone was getting along beautifully, are the documents that specify everyone’s rights and obligations toward each other, the kinds of things each is allowed to do (and not do), how to value an owner’s interest, etc.

Documents that important should never be generic, one-size-fits-all, online documents that somebody threw together for you with no prior thought. They should be fully customized documents, created specifically for your company, following a detailed conversation with you regarding how you want your company to operate. Such a conversation should involve, for example, all of the following topics:

  • how the company will be managed on a day-to-day basis;
  • what individual(s) have the power and authority to bind the business (i.e., enter into agreements in the company’s name);
  • what individual(s) have the power and authority to spend the company’s money, write checks, open bank accounts, etc.;
  • whether the company will be limited to operating a certain type of business;
  • whether decisions should be made on a majority basis, or something more, such as unanimity or via a super-majority vote;
  • how to value an owner’s share if the owner leaves the business (either voluntarily or following an owner’s incapacity or death);
  • whether distributions of net profits (in a corp or LLC) should be mandatory or not (to avoid the problems associated with phantom income); or
  • what, if any, voting rights current and future owners should have.

Contact Us to Discuss Your Dispute By Calling: (949) 767-3910

NEGOTIATIONS

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CORPORATE COMPLIANCE

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INTELLECTUAL PROPERTY

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LABOR AND EMPLOYMENT

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ASSET PROTECTION

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FRANCHISES

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BUSINESS AND CORPORATE LITIGATION

When you are forced to participate in litigation, you need a trial attorney. What you don’t need is someone gaining experience at your expense. That’s why you should always ask two questions when you’re considering hiring a business litigation lawyer—(i) how many trials the firm has handled; and (ii) how many trials the named partners of the firm have handled.

The business litigation and trial lawyers at MBK Chapman have an extensive amount of actual trial experience, having prosecuted and defended hundreds of business-related cases for their clients in federal and state court. MBK Chapman’s impressive trial record speaks for itself—multiple $10,000,000+ verdicts and scores of extremely satisfied clients.

When you have no option but to go to court, you need to win. To do that, you need attorneys who have the experience and knowledge to get you over the finish line. The strategically aggressive and innovative business litigators at MBK Chapman have that experience and knowledge, which is why we’re so successful in litigating disputes involving:

BREACH OF CONTRACT

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FRAUD

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TRADE SECRETS

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EMBEZZLEMENT

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EMPLOYMENT

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TRADE SECRETS

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TESTIMONIALS

I am so grateful for the representation from MBK Chapman. With one simple demand letter the problem was rectified. They are wonderful to have in your corner!

5 Star Review, Yelp, Posted by Martine L.

Michael Kushner is an amazing attorney! It is great to have such a savvy business attorney, whether creating contracts or analyzing vendor relationships, he is my go to!

5 Star Review, Yelp, Posted by Rosie S.

I am so grateful to Michael Kushner for defending me during my real estate nightmare, and recovering all my damages! He is brilliant!!

5 Star Review, Yelp, Posted by Christie D.

MORE REVIEWS

ABOUT US

Unlike many of its competitors, MBK Chapman is the real deal. Led by two pioneering and highly experienced litigation and transactional attorneys, the firm is staffed by some of the most impressive legal minds in the business. Leveraging decades of actual courtroom and transactional experience, MBK Chapman’s attorneys are always ready to win for their clients. Whether aimed at negotiating and resolving highly complex business and real estate disputes, or going to court to litigate business and real estate cases, the battle-hardened lawyers at MBK Chapman are truly the best in the business.

Clients who retain MBK Chapman come to quickly understand why its two leaders are so well respected among the scores of judges, attorneys, and celebrities who have hired them over the last several decades. But MBK Chapman’s laudable contribution to the legal community does not end with its superstar team of lawyers and support staff. Rather, Michael B. Kushner, one of MBK Chapman’s founding shareholders, pioneered and developed two truly paradigm shifting and disruptive technologies that will, among other things, change the way lawyers interact with their clients.

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60

YEARS

OF EXPERIENCE

10k+

CASES

LITIGATED

1

CASES

YOU

Led by two pioneering and highly experienced litigation and transactional attorneys, MBK Chapman is staffed by some of the most impressive legal minds in the business. MBK Chapman’s attorneys have considerable hands-on experience in all manner of HOA-related disputes involving condominiums, townhomes, apartment projects/conversions, single-family residences, and co-ops. Along with over 60 years of actual courtroom experience (just between the two founding partners at the firm), a well-known reputation for being effectively aggressive, and a well-deserved reputation for excellent writing and a uniquely client-centered approach, the attorneys at MBK Chapman are, quite simply, the very best around.

Michael B. Kushner

Partner

William D. Chapman

Partner

Jaycee Peralta

Partner

Sara Etemadi

Senior Associate

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MBK Chapman PC can help

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120 VANTIS DRIVE, SUITE 300
ALISO VIEJO, CA 92656