One of the most frustrating areas of maintaining a successful business is collecting on receivables. It has been said that “a sale to a customer is no more than a gift, until the payment for it has been collected and gets deposited in the bank.” Many businesses learn this truth the hard way, generating great sales and revenue, but suffering from terrible cash flow because payments due are not forthcoming in a timely manner.
Many businesses rely on a credit application for the terms and conditions of its sales to its customers. Often the credit application is the only document that the customer actually signs. Relying on invoices, purchase orders, bills of lading, delivery tickets and the like that are not signed by the customer in the ordinary course of business will not support an award of attorneys fees in the event of a collection action and judgment. This is true even though these documents may contain a prevailing party attorneys fees clause. Because the credit application is usually signed by the customer, however, the creditor/seller often successfully relies on the prevailing party attorneys fees clause in the signed credit application for an award of attorneys fees in the event of collection litigation and judgment. Continue reading
“I have referred matters to Mark for several years because he is one of the finest real estate attorneys around. I have no hesitation in recommending him for anyone’s real estate matters, whether it be individuals or other attorneys. He’s a professional.”
2017 Testimonial from a fellow Bay Area Attorney
“Great attention to detail and swiftly answered my questions and emails.”
Anonymous, Avvo 5 Star Review
“Mark, was more than thorough in his handling of our case. He went way outside the box by reviewing other defendants that might be culpable and it worked.”
Tom, Avvo 5 Star Review
Business Attorney with Offices in Castro Valley, Oakland, and Pleasanton Earns Recognition
Attorney Mark D. Poniatowski of Poniatowski Leding Parikh Law Corporation has Achieved the AV Preeminent® Rating – the Highest Possible Rating from Martindale-Hubbell®. Continue reading
East Bay Contracts Attorney DiscussesYou spend years building a successful business, but at some point the time comes to sell it. Given all the emotion involved in making that move, it pays to plan ahead to protect your investment as you move through the selling process. One key move: Talk to your business attorney about drafting a strong confidentiality agreement (sometimes called a non-disclosure agreement, or “NDA”) to use with every prospective buyer, their employees and their advisors. The non-disclosure agreement should be drafted and signed before disclosing confidential or proprietary information to the potential buyer. Continue reading
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
We recently represented the purchaser of a commercial business in industrial Hayward who had been served with a commercial unlawful detainer action. As part of the original transaction, the buyer had agreed to sublet the commercial real estate premises from the seller for a period before the purchase was completed. The buyer represented himself during the original purchase agreement, and retained us only a few months after taking possession, after he had been served with the commercial unlawful detainer action. This action resulted from the seller/sublandlord’s failure to pay the master landlord the rent received each month from our client. We were able to negotiate a settlement on behalf of our client. Continue reading
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:
Join us on LinkedIn