A Leading Business Attorney San Jose Law Firm
When your relationship with a business partner or a shareholder goes wrong, your choice of attorney influences whether the situation progresses constructively, or the situation aggravates and additional problems are raised.
Business disputes often arise when shareholders of a company stop trusting each other and one shareholder suspects that the business profits are higher than reported. These disputes often fester and grow if there is not an open line of communication between officers of the corporation and the shareholders. Officers and Board Members should be open with providing important company information such as financial statements and an update of the progress of the business on at least an annual basis. Providing this information, including support information if needed can often resolve disputes.
Another point of contention is officer’s salaries and benefits. Best practices would be that for a CEO not to vote on his compensation. Sometimes that is not possible, but in all cases, people should consider whether the salary and benefits are reasonable for the industry and company and document the basis for any decision.
No attorney can guarantee the resolution of your situation. However, an attorney that takes a balanced approach. Attorney Heimlich is ready to provide a steady hand and progress the situation, or if needed then pursue litigation in court or arbitration.
Attorney Nick Heimlich chooses to approach situations as someone who is willing to go to court or to resolve things constructively and voluntarily, if possible. Attorney Nick Heimlich’s case history includes business disputes such as partnership disputes, contract disputes, accounting disputes, shareholder disputes, lawsuits, and arbitrations.
Many business disputes are a result of someone breaking a business agreement, such as failing to pay for goods or services or failing to deliver goods or services. Mr. Heimlich has represented persons seeking payment for goods and services. In addition, Mr. Heimlich has also dealt with defending claims for payment from breaking a business agreement. Sometimes, clients have legal or factual defenses that may help to either limit their liability or negotiate a resolution. Examples of contract disputes can be service providers for high tech services not paid for, such as software developers, hardware support, software support. Similarly, there are also traditional unpaid bills for services rendered such as medical providers, attorneys or others. To evaluate your case, contact Attorney Nick Heimlich.
Business disputes also come up from employees or former employees of businesses. Mr. Heimlich has dealt with disputes with former employees, such as in front of the California Department of Labor Standards and Enforcement (“DLSE”). Mr. Heimlich has dealt with issues before the DLSE such as unpaid wages, overtime claims, penalty wages, waiting time penalties, minimum wage claims, failure to pay wages timely, failure to issue a final paycheck timely and other items. If you are facing a notice from the California Department of Labor Standards and Enforcement you should contact Nick Heimlich to assist you in the process and appear with you to represent your interests. Mr. Heimlich has appeared in the Santa Clara County DLSE office, which is located in downtown San Jose for clients and may be able to assist with your matter.
Mr. Heimlich has also dealt with Unemployment Claims and can advise on preparing a response if an employee of your has filed an unemployment claim.
Attorney Nick Heimlich has litigated in Santa Clara Superior Court, Alameda County Superior Court, San Mateo County Superior Court and San Francisco County Superior Courts, Contra Costa County Superior Court, Orange County Superior Court. He has also litigated in federal courts in the Northern District of California, and federal courts in Orange County, CA as well.
Attorney Nick Heimlich is admitted in the Northern District of California (San Jose, Oakland, San Francisco), the Central District of California (Orange County and Los Angeles County), and the Eastern District of California (Stockton, Sacramento).
Should I sue my customer?
What are the advantages of suing?
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?
When should I sue?
Partnership or Shareholder Disputes:
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.