Common Issues in Transactional Business Law Cases

Disputes and litigation are inevitable in business, especially during transactions and negotiations. These problems may arise out of various issues and concerns. Transactional business law deals mostly with issues involving nearly every facet of business ranging from drafting contracts to the formation of a business structure.

Transactional law applies in the following business concerns:

• In setting up a business structure such as a corporation, sub chapter S corporation, or a partnership
• In drafting various employment contracts and agreements such as employment manual or agreement, independent contractor agreement, non-compete agreement  and commercial lease agreement, among others
• In preparation of by-laws, and minutes and resolution
• In business mergers and acquisitions
• Purchase and sale of businesses or property
• Restructuring agreements

However, having a contract or an agreement alone does not guarantee your business full protection from lawsuits or future litigation.  In drafting and preparation of these business documents, potential issues of disputes must be taken into consideration. Knowledge of transactional law can help in identifying potential areas that can be remedied by a contract or agreement designed or suited for the purpose.

Transactional law is also useful in the formation of business entities. A business and corporate lawyer can help you choose the right entity or business structure to run your  business, prepare and file the necessary documents to start your business, and helped you manage your record-keeping and reporting requirements.

Here are other useful applications of transactional business law in business operation:

• Pre–formation activities such drafting and preparation of documents
• Formation & Organization of Business Entity
• Contract formation and management
• Legal review and compliance
• Legal audits and investigations
• Corporate governance scheme
• Business operations
• Joint ventures
• Owners/managers meetings and actions
• Owner’s agreements

Transactional Business Litigation and Cases

When a business dispute escalates into a lawsuit, a business owner must know and consider his options. The outcome of a case may depend on several factors such as circumstances, the people and the issues involved in it.

Here are typical business disputes that may involve litigation or lawsuit:

• Partnership issues
• Shareholder dispute
• Breach of contract
• Breach of warranty
• Employment violations
• Business torts such as fraud and unfair competition
• Trade secret violations
• Franchise disputes
• Insurance coverage
• Intellectual property issues

Most transactional business law cases involve disputes and issues that arise in the conduct of business. Resolving business disputes may entail knowledge of various business law and experience in litigation and dispute resolution.

Consulting with a lawyer experienced in transactional business law can help you resolve conflicts or dispute that could adversely affect your business operations.