Are you facing complex legal challenges within your business? When disputes arise, having a skilled business dispute lawyer by your side is essential. Nick Heimlich Law understands the intricacies of business law and is dedicated to providing top-notch legal solutions tailored to your specific needs.

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franchise law and litigation nick heimlich law

Your Attorney for Business Disputes

Navigating business disputes requires expertise and strategic thinking. Nick Heimlich works with other attorneys as contract attorneys as needed to help clients on matters. In that way, you get an individual lawyer you know and a team without the expense of hiring a large law firm. Our team of experienced business dispute attorneys is committed to representing your interests with integrity and proficiency. With a deep understanding of both state and federal laws, we offer comprehensive legal support to help resolve your disputes effectively.

At Nick Heimlich Law, our track record speaks for itself. We have successfully handled a wide range of business disputes for clients across various industries. Our proactive approach and attention to detail set us apart as a trusted partner in resolving complex legal matters.


Nick Heimlich is a San Jose ADR attorney who can help you with your business dispute needs. His previous experience in handling business disputes and litigation can prove useful when your business needs it.

Our focus is on serving small businesses, emphasizing settling disputes through fair and honest litigation techniques. We can provide legal representation for mediation and arbitration services in cases where compromise is the goal or where winning the legal issue is the goal.

franchise law and litigation nick heimlich law
franchise law and litigation nick heimlich law


Our business dispute law firm focuses on legal advocacy for franchise and partnership disputes. We also offer support in areas involving business and corporate law. Our legal services can cover anything from contract breaches to collection for monies lent (generally over $35,000). Our goal is to protect you and your business so that you can move forward and prosper.

Business disputes can occur between business partners, but they can also happen between companies and shareholders. There may also be times when conflicts happen with your customers. These disputes that occur between individuals or organizations are usually centered around breached contracts or lost revenue.

Disputes are not unusual, and sometimes you cannot avoid them. To resolve a dilemma of this magnitude, you will need the skills and expertise of experienced corporate dispute lawyers in San Jose.


A business dispute can arise from various situations, including contract breaches, partnership disagreements, or intellectual property conflicts. These disputes can disrupt business operations and lead to financial losses if not addressed promptly.

franchise law and litigation nick heimlich law


  1. Breach of Contract: When a party neglects to meet the obligations specified in a legally binding agreement, it amounts to a breach of contract. Such breaches may encompass a failure to provide goods or services, non-payment, or violation of terms and conditions.
  2. Shareholder Disputes: Conflicts between shareholders regarding ownership rights, voting power, profit distribution, or management decisions can lead to shareholder disputes. These disputes often arise in closely held corporations or partnerships.
  3. Intellectual Property Infringement: Disputes related to the unauthorized use or reproduction of trademarks, copyrights, patents, or trade secrets. Intellectual property infringement can result in financial losses and damage to a company’s reputation.
  4. Employment Disputes: Conflicts between employers and employees can arise from various issues, including wrongful termination, discrimination, harassment, wage disputes, or violation of employment contracts.
  5. Partnership Disagreements: Disputes among business partners regarding profit sharing, decision-making authority, or management responsibilities can strain the relationship and hinder business operations.
  6. Debt Collection Disputes: Disputes related to the collection of debts owed to a business, including unpaid invoices, loans, or outstanding payments from clients or customers.
  7. Insurance Claims Disputes: Disputes between businesses and insurance companies regarding coverage, claim denials, or reimbursement amounts can arise following property damage, accidents, or other insured events.
  8. Real Estate Disputes: Conflicts related to property ownership, leases, contracts, or zoning regulations can lead to real estate disputes that require legal resolution.
  9. Regulatory Compliance Disputes: Disputes arising from violations of industry regulations, government mandates, or compliance issues can result in legal actions, fines, or penalties against a business.
  10. Product Liability Claims: Disputes related to injuries or damages caused by defective products, including manufacturing defects, design flaws, or inadequate warnings, can lead to product liability claims against businesses.

As business dispute lawyers, we analyze the situation, identify legal issues, and develop a strategic plan to resolve the dispute efficiently. We leverage our expertise in negotiation, mediation, and litigation to attain the most favorable result for our clients.


As your legal advocate, a business dispute lawyer plays a crucial role in safeguarding your interests and guiding you through the complexities of commercial litigation. With a deep understanding of business law and extensive experience in dispute resolution, our team of business dispute lawyers at Nick Heimlich Law is dedicated to serving as your trusted advisor and representative.

Protecting Your Interests

Our primary goal as your legal advocate is to protect your interests at every stage of the dispute resolution process. We understand that your business’s success and reputation are paramount, and we are committed to ensuring that your rights are upheld and your objectives are met.

Pursuing Favorable Resolutions

Whether it’s negotiating settlements, representing you in mediation, or representing you in court, we are dedicated to pursuing favorable resolutions that align with your business goals. We leverage our negotiation skills, legal expertise, and strategic thinking to achieve the best possible outcome for your business.

Comprehensive Legal Support

In addition to representing you in negotiations and court proceedings, as business dispute lawyers, we provide comprehensive legal support throughout the dispute resolution process. From conducting thorough legal research to drafting legal documents and providing ongoing legal advice, we are here to guide you every step of the way.

Tailored Strategies

We understand that every business dispute is unique, and tailor our strategies to meet your specific needs and objectives. Whether you’re facing a breach of contract, a partnership disagreement, or an intellectual property dispute, we develop customized solutions to address your circumstances and achieve the best possible outcome.

Trusted Advisor

Beyond providing legal representation, we serve as your trusted advisor, offering guidance and counsel to help you make informed decisions about your case. We believe in open communication and transparency and are committed to keeping you informed and involved throughout the legal process.

With our business dispute lawyer’s expertise and dedication, you can trust us to advocate for your business effectively and achieve the best possible outcome.


Determining when to involve a business dispute lawyer depends on various factors, including:

  • Complexity of the Dispute: Complex disputes involving multiple parties, intricate legal issues, or substantial financial stakes often necessitate legal representation.  The amount involved should make legal representation worthwhile, so generally disputes of $35,000 or less may not be worth the attorney’s fees and costs of legal representation.
  • Failed Negotiations: If attempts to resolve the dispute through negotiation or mediation have been unsuccessful, it may be time to seek legal assistance.
  • Legal Risk Assessment: When facing potential legal risks or liabilities, consulting with a lawyer can help mitigate risks and protect the business’s interests.
  • Regulatory Compliance: Ensuring compliance with relevant laws and regulations governing the dispute requires legal expertise.
  • Preserving Evidence: Timely involvement of a lawyer is crucial for preserving evidence and building a strong case, especially in anticipation of litigation.  Also important is timely filing claims before any legal deadlines for the type of case, which is called the statute of limitations.  The statute of limitations for a case depends upon the type of claim and the facts of the claim and the state law on such a claim.

In a business, disputes are inevitable, but how they are managed can significantly impact the outcome for all parties involved. While certain conflicts can be settled amicably, others may require the intervention of a skilled business dispute lawyer, or going to Court or Arbitration. 

By understanding the role of a lawyer in navigating business disputes and recognizing the appropriate circumstances to seek legal assistance, businesses can effectively protect their interests and pursue favorable resolutions.


Selecting the right business dispute lawyer is crucial for the success of your case. When choosing legal representation, consider factors such as experience, track record, and communication style. 

Our team at Nick Heimlich Law is known for our professionalism, integrity, and commitment to client satisfaction.

We prioritize clear communication and transparency throughout the legal process, ensuring that you are informed and involved every step of the way. With our expertise and dedication, you can trust us to effectively advocate for your business’s interests.


When it comes to franchising law in San Jose, our firm stands out for several reasons. Our attorneys have a proven track record of success in handling franchising matters, and we are committed to providing personalized attention and strategic guidance to each of our clients.

We understand the complexities of franchising law and are dedicated to helping our clients achieve their franchising goals while protecting their legal rights and interests.


If you’re searching for a business dispute lawyer in San Jose, CA, look no further than Nick Heimlich Law. Our firm is conveniently located and ready to provide the legal support you need.

Our in-depth knowledge of local laws and regulations makes us well-equipped to handle your business dispute effectively.


Don’t let business disputes jeopardize your company’s success. 

Contact Nick Heimlich Law today to schedule a consultation with Nick Heimlich. 

You can reach us at 5671 Santa Teresa Suite 203, San Jose, CA 95123, or call us at 408-550-7288. 

Let us help you navigate the complexities of business law and protect your business interests.

Frequently Asked Questions for Franchises.

Should I sue my customer?

I often get this question from potential clients. There are a number of concerns to consider. First, I usually advise my clients to try to professionally and politely remind the customer of their obligations. Second, It is also advisable to send the bill a few different ways, such as email, mail, fax. If it is sent a few different ways, then that avoids the issue of the client just missing it or not getting it by accident. Third, I would also suggest after the customer is either behind a significant amount (or beyond the regular payment period) to politely call the customer to ask about the bill. Sometimes, small questions arise that can be dealt with over the phone that people may not raise in response to receiving the bill until they are contacted. Fourth, I would suggest offering a payment plan (if that works for your business) or trying to be flexible with the client. Fifth, if all of the above doesn’t work, then contact Nick Heimlich and we can see about sending a demand letter for payment to see if that works. If the demand letter does not work, then a lawsuit can be considered.

What are the advantages of suing?

The advantages of suing is mainly that it can force someone potentially to pay that would not have paid without the lawsuit.

If I sue, am I guaranteed to get paid?

No. There are situations where you can win a lawsuit, but not get paid. Sometimes the person you are suing has no money, files bankruptcy or evades collection of a judgment.

Can I lose even if I have a written contract?

Yes, sometimes. The laws can sometimes change and include claims against you even if you sued first. Further, sometimes there are legal or factual defenses to your claim that might prevent you from winning. Finally, sometimes a Court or Judge or Jury may simply get the facts or who to believe wrong.

When should I sue?

Consult an attorney as soon as possible, because the statute of limitations (the time deadline to sue) depends on the type of claim that you have. Some claims have very short deadlines to file claims. Only after an attorney has determined what types of claims you have can the attorney tell you how long you have to file suit. For example, in California, a party has 4 years from the date of breach of a written contract to file suit (this can be changed in the contract or based on other facts). However, if there is no writing, then it is only 2 years. Other claims have different deadlines and sometimes even require filing administrative claims or giving notice before filing suit. Contracts between parties may also shorten or lengthen this deadlines, so an attorney should review all relevant contracts and correspondence on the issue.

What is Partnership or Shareholder Disputes?

Sometimes, the owners of a business get into disputes with each other. Some disputes can be caused by differences in business strategy such as what type of business to conduct, marketing goals, or operational issues, such as expenses. I often get contacted because the ownership relationship has broken down between owners. They may have decided they don’t want to do business with each other. Or one other has locked out or shut out another business owner.

That dispute then gets to the point where the question is what to do next. There are often concerns about liability and lost profits or return of monies invested in the business by the departing party. Or, sometimes both parties are still running the business, but they cannot get along and are constantly fighting against each other.

What is a Settlement Agreement?

Once a dispute has occurred, there are multiple ways to try to resolve the dispute. The easiest solution, but not always practical, is for the parties to share a complete picture of the businesses financials and to negotiate one person buying out the other person’s interest including any equity and paying back any loans due or other monies owed. If that can’t be worked out, sometimes a voluntary winding down or closing of the business could work by paying all creditors and returning profits to the owners based on their percentage ownership.

What is Alternative Dispute Resolution?

If the parties cannot come to a resolution amongst themselves, then sometimes bringing in other parties can move the dispute toward resolution. There are multiple forms of alternative dispute resolution, including mediation, and arbitration. These methods are alternatives to simply going to Court. These other methods often can involve fees for arbitrators, arbitration services or mediators and also attorney’s fees.

What is Mediation?

A mediation is basically where both parties agree to meet with a mediator (who is a third party) to help negotiate a voluntary resolution of their dispute. The mediator, which is usually agreed upon by the parties is often an experienced attorney or a former judge who is familiar with situations such as the one that the parties are involved in. The mediator has no power to force the parties to accept any resolution, but rather tries to help explain information and persuade the parties to reach some resolution. If one or both parties cannot agree on a solution at mediation, then there is no settlement and the parties will have to consider alternatives to resolution, or consider mediation at a later date. If the mediation is successful, then a formal settlement agreement should be drawn up on the day of the mediation and signed on that day. This is critical that a fully signed agreement is done that day. If it is not done, then the parties could be spending days or weeks negotiating those terms after the mediation. Below are some typical questions about mediation.

Can I file a claim for nonpayment?

Before going to court, it is best to send your customer an invoice by mail first and then wait. If nothing happens, the next step is to send them a copy of the invoice by email. Doing this multiple times will give your customer a record of invoices. Doing this will also give them several reminders before the bill goes into collections. Your hope is that your customer pays voluntarily.

When your customer is several months behind payment, aside from sending invoices by mail and email, try to give them a call first. Doing so will allow you to discuss the bill with them and come up with a solution. In most cases, both of you can make a payment arrangement to pay off the balance. If these things don’t work, you may need to look into filing a claim.

Can I hire a business dispute lawyer for a mediation hearing?

Yes, you can have a lawyer present during a mediation. You are not required to have a lawyer, but it is advisable.

Arbitration involves the use of a neutral third party, known as an arbitrator. This person acts as someone who hears both sides and then decides who should prevail (just like a Judge in Court) based on the evidence presented. Arbitration happens in cases where two or more parties cannot agree and need the services of an outside party to adjudicate and decide their dispute for them.

There are two kinds of arbitration: binding and non-binding. Binding arbitration is where an arbitrator’s decision is final. The disputing parties have agreed so and are not going to be able to reject the arbitrator’s decision (called an Arbitration Award). On the other hand, non-binding arbitration allows both parties to ignore the Arbitration Award and go to trial if they disagree with the arbitrator’s decision.

There are pros and cons to arbitration, which can help you decide if it’s right for your case. Several good takeaways include:

  • It can be faster and more efficient than Court. While it could take years to secure a court date, arbitration typically takes less time. They can be scheduled a lot quicker when all parties are present.
  • Arbitration is flexible and can be scheduled at a time that’s convenient for everyone.
  • Arbitration may be cheaper and also less time-consuming than going to court.

What is alternative dispute resolution?

An alternative dispute resolution, or ADR, is a way of solving a dispute that does not involve going to trial in Court. They use two main methods: mediation and arbitration.

Mediation in San Jose is something to think about when weighing your options. This is because business disputes in San Jose may require legal mediation services by contract. Further, mediation may be a better and less expensive way to resolve your dispute.

You can consider mediation when both sides can come to a compromise. However, both parties must appoint a neutral third party known as a mediator before mediation can happen. The mediator acts like an umpire to witness both sides involved in the dispute. They can listen and help both parties seek viable solutions.

You can consider mediation when you want a faster, easier approach to settling a dispute. With mediation, you can resolve the conflict outside of court. Some mediations also occur after court actions have been filed.  Having a lawyer at mediation is also advisable as they can help guide the negotiation that happens at mediation and put together a better brief of the key elements of your case.

In cases where there are personal relationships involved, mediation is the better option. With this, both parties with a history of personal relations can keep try to keep everything intact while resolving their issues. Mediation can prove very effective for conflicts between family members, friends, or neighbors. It is also excellent for situations where emotions are intense and can interfere with conflict resolution.

However, mediation is not appropriate for situations where one party holds too much power over the other. It is also unsuitable for cases where one side refuses to compromise. Mediation in San Jose is something to think about when weighing your options in resolving a conflict. In some instances, this may be a better option than going to Court and trial. Also, given that so much happens via Zoom, it is not hard for Nick Heimlich to handle cases for clients throughout the bay area such as in San Francisco County, San Mateo, Alameda, or Contra Costa County.  Mediation can also be used after a court case has been filed and often is used and promoted by the Courts to help resolve disputes.

Can I be represented by an Attorney?

Yes, parties can have an attorney present for mediation. However, it is not required.

What happens before a Mediation?

Often, the parties should have summaries of their dispute written up, along with key documents and legal points and provide this in a Mediation Statement or Brief to the Mediator for review. This should also be provided to the opposing side. While certain parts of the Brief (such as settlement proposals) might be only shared with the mediator, most of the brief should be shared with the other side. Failure to share a brief often results in an unproductive mediation because the parties do not understand each other’s position.

Do I have to file suit to have a mediation?

No, a mediation can be done either before or after a lawsuit is filed. Mediation does not require that a lawsuit or arbitration is pending.

What is the cost of a mediation?

The cost is based upon two main factors, the preparation for the mediation and the mediation itself. The preparation will include the time needed by you and your attorney to prepare a summary of your case and relevant documents and provide that brief to the mediator. Additionally, the mediator will often charge on an hourly (or per day) basis for their time both for preparation and on the day of the mediation. Then, you attend with your attorney the day of the mediation and there is time on the day of the mediation.

Why should I consider mediation?

If the parties would like a flexible approach that might resolve their dispute outside a court or arbitration and in a faster manner, then mediation should be considered.

When should I not consider mediation?

If the parties are extremely far apart in their positions and show little or no flexibility, then mediation may not work, or may need to take place later. Additionally, if one or both parties do not have the information that they need to resolve the dispute, then mediation may be premature.

What is Arbitration?

Arbitration is a private forum for disputes. It is an alternative to a Court and allows the parties to present their dispute to an Arbitrator. The Arbitrators have a set of rules set by their organization that they belong to and will basically act as Judge and Jury for any case. Arbitration can be flexible in how it is administered. Sometimes, Arbitration can allow for a more economical forum, although that is not guaranteed depending on the parties needs and the dispute. Arbitration also typically involves fees to initiate the arbitration and fees of the Arbitrators at their hourly rates and possibly additional administrative fees or charges. Sometimes, the Arbitration fees are greater than Court fees would be for similar proceedings.


Our law firm focuses in legal advocacy for franchise and partnership disputes. We also offer support in areas involving business and corporate law. Our legal services can cover anything from contract breaches to collection for monies lent (generally over $25,000). Our goal is to protect you and your business so that you can move forward and prosper.

Business disputes can occur between business partners, but they can also happen between companies and shareholders. There may also be times when conflicts happen with your customers. These disputes that occur between individuals or organizations are usually centered around breached contracts or lost revenue.

Disputes are not unusual, and sometimes you cannot avoid them. To resolve a dilemma of this magnitude, you will need the skills and expertise of experienced corporate dispute lawyers in San Jose.

C O Lee Boyce Jr
C O Lee Boyce Jr
Nick provided me sage advice with my issue. He was efficient, thoughtful, and good natured about the whole process.
David Duckworth
David Duckworth
I recently received legal advice from Nick and he was very professional and easy to talk to. He gave us great advice and I would definitely use him again if needed. Thank you Nick!
Rebecca Bauer
Rebecca Bauer
Nick was excellent! Very knowledgeable, asks great questions, and quickly understood the situation and was able to give great advice. I so appreciated his time, insight, and expertise in assisting with our situation. Highly recommend!
Charles Chen
Charles Chen
Mr. Heimlich has been very responsive to my case and provided extraordinarily useful advice. Thank you!
Mario Cassara
Mario Cassara
Nick Heimlich was very professional and knowledgeable in my case. He left a lot of the worrisome I had in my case to the expert and was very good at what he does. I will recommend Nick to anyone who needs council!Much appreciative,Mario
Taryn Harada
Taryn Harada
This was the first time ever needing a lawyer for something, I was a bit frantic and overwhelmed with everything going on, but Nick and his team were very professional and honest, and made me feel at ease about my case. They were even professional and cool with the opposing attorney even though she was being unprofessional at times. In the end, they were able to settle my case and bring me a satisfying outcome. If you're ever in a bind and need a business lawyer, I highly recommend Nick and his team.
Jay Kamdar
Jay Kamdar
I am an officer at a company that provides B2B Demand Generation services to marketing and sales. Over a number of years, I've worked with Nick Heimlich for legal services. He has advised me well and helped to represent the company in multiple legal disputes including in Court. I am very satisfied with his work and highly recommend him.
Rami Gideoni
Rami Gideoni
I needed some legal consultation and per recommendation I received, I have approached Nicholas. He got back to me quickly and provided great service, he was patient, professional and knowledgeable. His advise is much appreciated, it cleared the situation, draw the next steps to follow and placed my mind to peace .I would definitely recommend his service.
Nick answered all of my questions with direct and concise answers to my situation. Thank you!
Abe Honest
Abe Honest
Mr Heimlich was very professional kind and knowledgeable when I give him a call. I was calling to hire an attorney for an tenant and landlord dispute. I had a particular issue that Mr Heimlich took time to completely listen to me. unfortunately the area I needed help was not an area that Mr Nick practiced. but he was not hesitant to give me some leads and direct me to the right place. he's a man of character and cares about what he does, I can only imagine his level of excellence in his area of expertise. he's a man of great character and I would recommend him for anyone to give him a call and talk to him. thank you very much Nick. thank you for caring .
Tilo S
Tilo S
Nick was very helpful when I needed legal advice.Thank you!
Bay Small Moves
Bay Small Moves
I entered into a membership contract that had unreasonable cancellation requirements. I went to Nick through my company’s employee assistance program. Nick did thorough research and found that the contract term exceeded term limits allowed by California law. As a result, I was able to cancel the contract without any penalty. I was very satisfied with the outcome.
Andyn79 Nguyen
Andyn79 Nguyen
He wasn't able to take me as a client but had about 10 mins so he told me tell me and just from that i was able to be clear and did win from really dishonest people. So i am thank you telling the truth gets it's own reward
Mark Brown
Mark Brown
Nick was very helpful when I needed assistance dissolving an LLC. Not only did he create the appropriate documentation, but he educated me on the process. His guidance was invaluable, and everything resolved smoothly. I would certainly use his services again in the future.
Bonnie Nevitt
Bonnie Nevitt
My family cannot thank Nick enough. We needed a business litigation attorney for a lawsuit that was going to trial, he not only took the time to understand the complexities of the case but was able to convey that to the judge. He was able to get us amazing results. Hands down the best attorney we have ever worked with.
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