Business Law

Andrew Cleary represents businesses and their owners in a variety of business planning, operational, and succession services. Whether you’re just starting out or winding up you business operations, we can help with all phases of you business:

• Formation (from registering with the State, to getting tax ID numbers, and creation of business structure);
• Growth (contract review and drafting, vendor and client negotiation, raising capital, lease review and negotiation, etc.);
• Business succession and exit strategies;
• Mergers and Acquisitions of businesses.

Formation

Starting a business often creates a lot of questions. How should I structure the business for the easiest path to success? How will I be taxed based on structure? How can I bring in investors? How protected are you from claims against the business? We can answer any question you may have during while starting your business.

Growth

Now that your business is operational or it has been operational for some time, how do you grow your business? You need contracts for your services or products, want to expand into new territories, secure that new deal, or hire more employees. The review and guidance from our services are sure to set you up for success.

Business Succession and Exit Strategies

You’ve worked hard for many years to achieve success, but how are you planning on leaving the business? Do you want to outright sell to third party? Have a key employee interested in purchasing the business? Have other partners who would like to buy your interest? Exiting a business can be as complex as entering it, talk with us to review your options.

Mergers and Acquisitions

Mergers and Acquisitions is just another term for the buying and selling of businesses between each other. Are you going to remain as an employee after the sale? Do you or the business need to meet certain criteria for the sale to happen? How will the sale affect any tax credits or licenses of the business? Will employees need to accept employment from the new owner? Mergers and Acquisitions have a lot of moving parts that need to balanced carefully. Come to us for the proper care and balance needed to close the deal.

civil litigation

Civil Litigation refers to court proceedings between two parties where one party is seeking remedies or damages for a wrong committed or one that is likely to happen. Cleary Law, PLLC focuses on those civil litigation disputes between businesses, disputes within a business between owners or employees, and business clients.

When does litigation start?

Civil Litigation starts when a party files a complaint against another for damages, to protect a right or interest, or prevent a harm to your interests. However, the litigation process starts before the filing of the complaint. A complaint needs to identify the proper parties, evidence needs to be gathered, and proper analysis of the circumstances surrounding the complaint needs to be completed before filing.

Is there anyway to avoid litigation?

In short, without an agreement between the parties, Civil Litigation cannot be avoided so long as the plaintiff wants to pursue it. Civil Litigation starts when a complaint is filed in court, but there are often steps to solve the problem before litigation starts or early in the proceeding, such as:

• Demand Letters
• Arbitration
• Mediation
• Repayment Agreements
• Settlement Agreements

The methods listed above (often called alternative dispute resolutions) are some of the most common ways parties can come to an agreement before starting litigation or early in the litigation process.

When should you pursue litigation?

You should pursue litigation if you have suffered a harm or it is likely that you will suffer a harm. Situations where there was a breach of contract, damage to property, or injury to your interests are common causes for litigation.

It is important to start this process as soon as possible after cause for litigation so you may understand your rights and . Contact us if you are seeking representation during a litigation proceeding, during alternative dispute resolutions, or to represent you and your interests.