Clients ranging from individuals to small businesses, Nick Heimlich Law has experience with it all. Most of Mr. Heimlich’s cases are located in Santa Clara County and he’s known as one of the most trusted Santa Clara corporate attorneys around. Nick advises clients during all stages of issues so that every person can know they can always come to him for services.
Nick Heimlich Law is providing Santa Clara with a number of different services and we want to provide you with a detailed description of each so that you know if it’s right for you.
Nick Heimlich has three main areas of practice:
As a Santa Clara business attorney, Nick Heimlich identifies with many potential clients wondering if whether they should incorporate the possible benefits or downsides of incorporation. Not only that, he helps you on how to set up your corporation or LLC and under which state to set up your corporation.
Think about this: Where will your corporation physically be headquartered? If your business is virtual, then your thought should be around where the individual persons reside? A second factor is taxes. Each state has a different set of rules for corporate taxation. Do you intend to keep profits entirely in the company, raise venture capital, distribute any profits; these all can affect your decision of where and how you form your company. Let a knowledgeable CPA advise you.
A third factor is the intended business and projected revenue and expenses for the next two to three years.
If you form a corporation or a limited liability company and keep it separate from your personal finances, then you may be able to protect your personal assets from corporate debts or obligations. As we’ve seen before, people didn’t protect their personal finances with their business and their business debt affected their personal assets.
One should consider what potential liability one might have. Different types of businesses tend to have different exposures. For example, shareholders/owners having disputes, and with incorporation, it can help detail what the owners are actually obligated to do. Another source of exposure is with employees/contractors that provide services. Clarify potential liability with advice regarding employees, contractors, and payments. However, despite trying to review potential exposure, no corporate attorney can guarantee that you won’t have a legal claim if you’re operating a business.
Our Business Law/Corporate Advising are in the following:
- Entity Selection (Corporation, LLP/LLC, S-Corporation)
- Corporate Governance
- Business sales and asset purchase agreements
- Shareholder/Founder/Buy-Sell Agreements
- Non-disclosure agreements
- Franchise agreements
Civil Litigation/Dispute Resolution
- Breach of Contract – We will discuss the matter in detail with the client before the client can make the decision of whether a lawsuit or arbitration is the right next step to take. If the opposing party is completely unresponsive, then a lawsuit or arbitration may be necessary. No matter what, we represent people that want to defend or enforce their contracts.
- Collections – A Santa Clara litigation lawyer should advise you on how to deal with customers refusing to pay and how to minimize or avoid accruing accounts receivables. We can advise you whether a lawsuit, negotiation, or correspondence can be used to help address unpaid accounts.
- Business/Partner and Real Estate Disputes – Whether it’s a business or partnership dispute, your choice of business attorney influences whether the situation progresses constructively, or the situation aggravates and additional problems arise. Another point of contention is an officer’s salaries and benefits. People should consider whether the salary and benefits are reasonable for the industry and company and document the basis of any decision. Open communication is key to be able to progress forward.
- Franchise Law and Litigation – A franchise dispute attorney review of the Franchise Agreement and the Franchise Disclosure Document is highly recommended. A Franchise Disclosure Document in California provides a wealth of information regarding a franchise if you are considering purchasing a franchise and you need someone to thoroughly review every detail.
- Fraud – Fraud can come in many different forms but the consequences can really hurt both parties. A Santa Clara business attorney can work with you to asses the damages and help find ways to recoup with company losses. Many successful business can fail solely due to mismanagement of funds because the business is unaware it’s happening.
Nick Heimlich Law can tell you what he can do for you, but he can also show you. He has driven advocacy and proven results that provide evidence of such. For example, this Santa Clara business attorney assisted a hotel owner in Minnesota settle a franchise dispute with a publicly-traded billion dollar hotel company. Through legal research of Minnesota franchise law and similar franchise disputes, he was able to settle the case for $1 million less than the original demand without litigation. Click here to learn more about this case and if you’d like to see more case results.
Trademarks/ Intellectual Property
- Trademark Filing – At the Santa Clara Law Offices of Nick Heimlich, we can help you file for trademarks of your goods or products. We help from the filing to registration with the United States Trademark Office. Should your company have global ambitions, we can also contact foreign associates in other countries to obtain a quote for such services.
- Trademark Litigation – After creating a unique product or service, it’s critical to protect it. Customers expect a trademark to have consistent value and quality; if your competitors are allowed to copy your trademark, the value of your trademark is diminished. We provide the best strategies with a trademark dispute and protect it against infringers.
- Website Disputes – The web occupies much of our time and we sometimes forget how powerful the web is because we control it with such ease. Nick Heimlich has advised companies regarding trademark disputes, copyright infringement as the look and feel of the website, initial interest confusion, and many more.
Avoiding issues when it comes to websites is critical because of how complex and confusing a website as a property can be. Sometimes competitors will copy a website and then attempt to divert the customers to a different website. There are two avenues to take if this were to happen – in court and the World Intellectual Property Organization (WIPO). There are more cooperative methods of trying to resolve it but a take-down notice could be done to try to have these websites taken down because of infringement.
As the World Wide Web grows, so do many more companies sprouting and trying to get a piece of the niche that you may be in. Protect yourself and get prompt advice from your Santa Clara business attorney to minimize and find ways to deal with issues as they come up.