Litigation

Effective Communication of the Risks and Rewards.

Litigation is the use of the judicial process to obtain compensation for losses, or to obtain a court order preventing conduct that may cause losses.

Certain aspects of litigation are unpredictable. Judges, juries and adversaries do not always conform to expectations. A critical function of the attorney is to help the client understand the risks and rewards of any litigation strategy, whether defending or prosecuting claims. This includes providing an honest and thorough assessment of the costs of any litigation strategy.

Shebar Law considers communication -- in terms understandable to the non-lawyer -- to be one of the most important skills a lawyer can cultivate. A client must understand how the legal process applies to the case at hand in order to make rational choices. Shebar Law handles litigation in the following areas:

• Commercial and business disputes, including prosecuting and defending breach of contract and licensing litigation

• Employer-employee disputes, including breach of employment, non-competition or non-disclosure agreements, wrongful termination, discrimination, sexual harassment litigation

• Copyright, trademark and trade-secret infringement and licensing litigation

• Personal matters, including, property disputes, orders of protection, discrimination/civil rights cases.

Transactional

Protecting What’s Important Without Over-Lawyering

“Transactional law” generally refers to the practice of negotiating and documenting legally-binding agreements. The attorney’s primary concern is to understand the client’s priorities, from the non-negotiable to the bargaining chip. The attorney must be able to use those priorities, together with insights about the party on the other side, to arrive at the most advantageous deal possible.

Shebar Law drafts with clarity and brevity, avoiding legalese wherever possible, so that agreements are easily understood and readily enforceable, long after the deal is signed and the reasons for various provisions may be forgotten. The firm's litigation experience enhances its ability to avoid ambiguous or other problematic drafting. Shebar Law handles transactions in the following areas:

• Business agreements, including employment, vendor, independent contractor and asset purchase agreements

• Intellectual property licenses, including trademark, copyright, software and music licenses

• Personal services contracts, including software development, entertainment, e.g., music recording, performance, production, songwriter and publisher agreements

Business Formation

Making the Right Choices for Your Business

An attorney’s job is to help the client select the form of business organization that best fits the business. To decide whether to create a corporation (“C” or “S”), LLC, partnership, LLP or other entity, a client needs to know the tax consequences, filing obligations and personal liability issues associated with each business form.

The attorney also needs to determine what initial agreements, permits or licenses will be needed, such as a shareholder or operating agreement, to address ownership and control of the entity; and to prepare employee agreements, leases, and any other agreements required for the initial operation of the business.

It is also critical to the successful marketing of any business to clear and protect a trade name and/or trademarks, before any money is invested in promoting the business. Similarly, any other intellectual property upon which the business depends must be addressed, either through acquisition or licensing.

Shebar Law can handle or offer guidance on all of the foregoing essentials of business formation.