Purchasing occupied commercial real estate provides you with an immediate source of income, but the inherited tenants can also cause headaches. Disputes with such tenants can lead to messy negotiations or even costly litigation if you fail to handle the situation properly. Prevent problems by:
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Experienced entrepreneurs know that it can be better to purchase an established business instead of starting one from the ground up. The San Francisco Bay Area’s strong economy also makes metropolitan areas like Oakland a smart purchase location. But like any business venture, the purchasing process must undergo strategic steps so that buyers and sellers reach fair, negotiated and intended legal terms at the end of the transaction. The Letter of Intent (LOI), insignificant as it may seem, must be crafted and delivered carefully for the business agreement to continue without mishaps. When it is time to draft a LOI, consult a contracts attorney and consider the following: Continue reading
Congratulations go to San Francisco Bay Area business attorney Mark D. Poniatowski who has once again achieved the AV Preeminent Rating from Martindale-HubbellⓇ this year. Mr. Poniatowski has maintained the AV Preeminent Rating since first achieving it in 2004. As a result of this honor, American Registry LLC, has added Mr. Poniatowski to The Registry of Business and Professional Excellence. For more information, search The Registry at http://www.americanregistry.com
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Small startup businesses need to plan for bumps in the road ahead and should seriously consider using an established small business attorney. Whether you’re a ragtag Bay Area startup that’s struggling with cash flow and still iterating/restructuring your business model or you’re an experienced entrepreneur with a battle-tested team and a validated set of business assumptions, be aware of the following legal issues that might arise:
“Brief ubiquitous language” refers to small parts of a well-known trade name. Trademark questions often land on gray areas in the legal space. Even if you’re a trained business attorney, you can easily find yourself struggling to understand the subtleties of the Trademark Office’s reasoning. Legal fights over trademark nuances happen all the time. Recently, Apple lost a suit claiming that a smaller company (“DOPi”) could not use Apple’s little “i” in its name.
We recently helped a horse boarding and stables operation in the San Francisco Bay Area to successfully obtain a conditional use permit from Alameda County to continue in business at their long-time existing location. Prior to our involvement, the process had been hung up for over two years without resolution. Continue reading
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