Business Lawyer in Upland

Ensberg Law Group is a respected Upland area legal firm focusing on business and real estate law. Our experienced attorneys excel in handling a wide range of legal matters, including real estate transactions, unlawful detainer and evictions, business formation, litigation and contracts, and estate planning. Our dedication to quality allows us to offer prompt, cost-effective legal solutions, with many issues resolved on the same day.

Since our founding in 1981, we have been a leading probate law firm with a sterling reputation and local prominence. Our dedication to excellence is apparent in our staff, chosen for their honesty, proficiency, and reliability. Our office is open from 9 A.M. to 5 P.M. on weekdays, with flexible appointment options available in the early morning, evening, and on weekends. As a fully licensed and insured company, we’re dedicated to assisting you and continuously seek better ways to meet your needs. Call (626) 813-3744 to arrange a consultation and enjoy the difference our legal services can make!

An Outstanding and Personable Approach to Business Law

Business Partner Disputes

Conflicts of Interest

Instances of conflict of interest occur when personal objectives conflict with the organization’s mission, leading to a breach of trust. In the legal realm, these challenges are dealt with through disclosure and recusal procedures. Upholding integrity and securing business continuity are key elements of our strategy to achieve fair resolutions.

Removal of a Partner

Removing a partner from a company involves evaluating several legal aspects. Both parties need legal assistance to navigate through issues like breach of fiduciary duty, misconduct allegations, and financial disagreements. Resolving this may entail mediation, arbitration, or court interventions to decide on a fair and legal dismissal according to partnership arrangements and pertinent legal statutes.

Breach of Fiduciary Duty

A breach of fiduciary duty occurs when a partner neglects their responsibility to act in the partnership’s best interest. Examples include misappropriation of funds, conflicts of interest, and failure to disclose important business information. Because lines can be blurred between personal and professional relationships, navigating these cases can be tricky. Legal assistance is indispensable for asset protection and the fair resolution of disputes.

Allegations of Fraud

Accusations of fraud require legal counsel for all involved parties. Allegations could be linked to financial inconsistencies, deceptive behavior, breaches of fiduciary duty, or unrelated events. Lawyers assist in demonstrating innocence or presenting well-substantiated claims with legal evidence and procedures.

Divorce or Death

Divorce or partner death can result in business partner disagreements, characterized by sudden adjustments in ownership interests, control mechanisms, or financial viability. Legal expertise is necessary to handle sensitive issues like asset division, succession planning, and ensuring the uninterrupted operation of the business. Seeking legal counsel is a wise move to ensure fairness and clarity amidst emotionally charged situations and intricate legal considerations.

Misappropriation of Funds or Business Assets

The misappropriation use of business funds or assets happens when a partner channels company resources toward personal profit. Engaging in this illegal behavior may result in legal repercussions such as litigation, asset recovery, and potential criminal prosecution, necessitating comprehensive legal scrutiny and advocacy.

Co-Owner Disputes

Legal conflicts between co-owners, such as disputes regarding property handling, profit division, or decision-making rights, can be complex. Navigating through these complexities requires the expertise of a skilled business lawyer to uphold the interests of all co-owners, achieve equitable solutions, ensure operational seamlessness, and mitigate prolonged conflicts.

Succession Issues Related to Departure

Succession matters usually pertain to establishing the future ownership arrangement for an individual’s share in their business after their exit. Problems can arise from disagreements over valuation, ownership rights, and management responsibilities, often requiring intervention from a knowledgeable business attorney in Upland to resolve matters effectively.

Disagreements Over the Future of the Business

Disagreements regarding the business’s future direction can escalate into legal conflicts within business partnerships. The path to resolution may involve mediation or arbitration proceedings. Lack of agreement might prompt deliberations regarding business buyout, dissolution, or restructuring.

Business Litigation

Negligence Torts

Negligence torts deal with damages stemming from an individual’s failure to exercise reasonable care. Demonstrating duty, breach, causation, and damages is essential, but can make these cases difficult. Choose your esteemed business attorney in Upland for essential legal counsel, comprehensive representation, and a fair outcome.

Business Fraud

Business fraud refers to the use of fraudulent or deceptive means by organizations or individual people, constituting a severe misconduct that can lead to legal action. Insider trading, Ponzi schemes, and embezzlement are just a few examples of business fraud. Dealing with these cases can be daunting due to their complex intricacies and the possible repercussions they can have on your company’s image and financial health. Trust our proficient attorneys to assist you in navigating these challenges, safeguarding your interests, and enforcing legal compliance.

Intellectual Property Infringement

Intellectual property infringement encompasses the unauthorized distribution, use, or reproduction of someone else’s intellectual property, such as trademarks, copyrights, patents, or trade secrets. Demonstrating infringement requires legal expertise in gathering evidence, deciphering complex legal frameworks, and guiding through court proceedings to safeguard your intellectual property rights to the fullest extent.

Breach of Contract

When faced with breach of contract allegations or pursuing claims against others, obtaining expert legal guidance is paramount. Breach of contract cases often involve complicated legal nuances and can significantly impact business operations, so skilled legal representation is essential. Rely on your business dispute lawyer for comprehensive support, protection of your interests, and advocacy of your rights to achieve a fair outcome.

Purchase or Sale of a Business

Skillful legal oversight is essential for navigating the complexities of business purchase or sale transactions and ensuring legal compliance. Trust our expertise to safeguard your interests and navigate transactions with legal precision and ease.

Employment Discrimination

In an employment discrimination case, an individual alleges mistreatment by an employer due to factors such as age, gender, or race, involving matters like harassment, unfair compensation, or wrongful termination. These situations can be tough, whether you’re an employee encountering unjust practices or a business being accused of them. Our skilled lawyers provide crucial guidance, address specific problems, and strive to achieve fair resolutions for all parties involved.

Contract Disputes

Disputes over contract terms, including breaches, ambiguous clauses, and enforcement difficulties, require meticulous analysis and strategic intervention by a seasoned business attorney. Ensberg Law Group excels at guiding clients through contract disputes to ensure clarity and favorable resolutions. Our experienced attorneys handle negotiations, mediation, and litigation. We are committed to safeguarding our clients’ interests and achieving positive outcomes.

Non-Compete Agreements

A non-compete agreement is a binding legal document that prohibits an individual from engaging in competitive activities or establishing a similar business for a predetermined duration after their departure from their current job. Legal representation is vital to substantiate the agreement’s enforceability and defend the rights of both sides.

Business Arbitration

What is business arbitration?

Arbitration serves as an alternative to the court system for resolving disputes between employees and employers. It’s a neutral platform that involves an arbitrator or panel making a binding decision after hearing both sides, offering a faster and often cheaper resolution than traditional litigation.

How are arbitration awards enforced?

Formalizing an arbitration award requires the submission of a petition. In this process, Ensberg Law Group confirms the proper submission of vital paperwork, such as the award and arbitration agreement, to the court for acknowledgment or endorsement.

Business Entity Formation

Drafting Business Partner Agreements

Because they define exact terms and ensure safeguards, business partner agreements are indispensable. Our legal team excels in tailoring agreements to protect both partners’ interests, ensuring a stable foundation and smooth start to your business endeavor.

Drafting Articles of Incorporation

Articles of incorporation are key documents that legally authorize the existence of a corporation. Filed with the State Secretary, these papers provide critical information like the company’s name, its goals, the makeup of the board of directors, and the initial share configuration. These papers are crucial for establishing legal status and safeguarding the corporation.

Employment Contracts

Employment contracts specify the terms and conditions governing the relationship between companies and their workforce. Precise employment contracts are crucial for the organization, the employer, and the workforce. With your business formation attorney’s legal prowess, employment contracts are meticulously drafted and reviewed to uphold compliance and protect all individuals.

Bylaws

Bylaws are internal policies that outline how a corporation conducts its affairs, addressing matters such as shareholder meetings, board functions, and decision-making mechanisms. Grasping bylaws is essential for new business owners to maintain regulatory compliance and operational efficiency, and seeking guidance from a business formation lawyer can assist in drafting and implementing them correctly.

Operating Agreements

LLCs require well-structured operating agreements for effective management. These documents spell out ownership divisions, managerial responsibilities, and operational protocols. It’s important to understand these agreements to establish well-defined roles and responsibilities for your newly-incorporated business. Ensberg Law Group can also help by drafting and reviewing these agreements to ensure legal compliance and protection.

Shareholder and Partnership Agreements

Shareholder agreements determine shareholder responsibilities and privileges, whereas partnership agreements govern partner relationships. Familiarity with these agreements is pivotal for successful business incorporation, and our firm is equipped to provide legal expertise and support.

Registering Your Company Name

Researching extensively is critical before registering your business name to ascertain its availability and adherence to legal stipulations. Think about trademarks, assess domain availability, and adhere to local regulatory requirements. The registration process involves selecting an original name, confirming its availability, registering with relevant authorities, and seeking legal advice from Ensberg Law Group for legal compliance and protection.

Choosing an Entity Type

Choosing a business entity type involves considering options like sole proprietorship, partnership, corporation, or LLC. Each option comes with unique tax, liability, and management implications. Depend on your Upland business attorney to guide you through this critical decision, providing valuable perspectives on the pros and cons of each option tailored to your specific needs and business ambitions.

General Partnerships (GP)

A general partnership is characterized by shared ownership and responsibilities among multiple individuals who also share profits and liabilities, unless specified otherwise in a partnership agreement. Each partner contributes financial resources, skills, and hands-on work.

Limited Liability Companies (LLC)

Operating as a business entity, an LLC assures owners of limited liability protection and adopts pass-through taxation. Owners may select LLCs for their liability protection and adaptable management, but they should also be mindful of potential drawbacks like administrative demands and costs.

Limited Liability Partnerships (LLP)

LLPs blend aspects of partnerships and corporations, granting partners limited liability protection. LLPs are favored by business owners due to liability protection and tax adaptability, but they may encounter obstacles such as administrative demands and potential liability exposure for certain partners.

Find reliable legal support, advice, and protection by calling Ensberg Law Group today at (626) 813-3744 and scheduling a consultation.

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    5 star ratingIf I had to rate Ensberg Law Group our of 10...it would be a 100! Mr. Ensberg was helping me with my case and he was amazing with working with me and I would recommend this to anyone going through legal matters!!
    James C. Avatar
    James C.
    8/27/2019
    5 star ratingI am a business owner looking to expand within the commercial strip mall I have an existing lease in. After scouring the internet and having no luck with a law office that would meet our business needs in a timely manner, we received a referral from a family member and are glad we did. From the time of contact to receiving legal advice/feedback was less than 48hours.

    We were very impressed with the timely reply, thorough written feedback and the opportunity to schedule a consultation call to review findings and gain more clarity. The help we received from Stephen was invaluable to me and my partner as first time business owners navigating leases and other legal matters. Highly recommend their services.
    Jazmyne T. Avatar
    Jazmyne T.
    3/28/2019
    5 star ratingI used this law group for a landlord/tenant resolution. Larson was very knowledgeable and helpful. He responded promptly to questions. I was kept updated on all proceedings.
    Prices were fair.
    I definitely recommend this law group.
    Jackie R. Avatar
    Jackie R.
    1/15/2019