Business Law

Features of California’s business landscape include over-regulation, administrative agency hostility, red tape and litigiousness. At Allegiance Legal, we have the experience and skill to help businesses comply with California’s laws and regulations and reduce the likelihood or severity of civil litigation or administrative agency proceedings.

From the outset, Allegiance Legal will help protect your business by identifying the business form best suited to your needs (for example, S or C Corporation, Limited Liability Company, or Limited Partnership). We will reserve your company name, register your business with government entities, draft your bylaws, craft your operating, shareholder or other agreements, issue your stock and respond to government inquiries and sensitive correspondence. Because when a corporation is determined to be its shareholders, (alter ego) its business form will not protect its owners from liability, we can assist you on an ongoing basis with its proper administration.

Bankruptcy

Bankruptcy is a legal proceeding in which a person, business or other entity facing serious financial problems can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law. Bankruptcy may make it possible for you to: eliminate the legal obligation to pay most or all of your debts; stop foreclosure on your residence and allow you an opportunity to catch up on missed payments; restore or prevent the termination of utility service; prevent repossession of a car or other property or force the creditor to return property even after it has been repossessed. It may also stop wage garnishment and debt collection harassment.

Estate Planning

Through proper planning, many estates can pass through to their settlors’ beneficiaries without the expense and time delays associated with probate court proceedings. Reducing fees and costs means that more of your estate will go to your heirs. At Allegiance Legal, we apply our knowledge and expertise to design and customize estate plans that fit your specific needs.

In the event that a loved one dies without a living trust or even a will, we will represent the beneficiary or beneficiaries in probate court.

Our estate planning packages typically include a revocable living trust, a pour-over will (to ensure that property inadvertently left out of the trust is transferred into it after the settlors’ death), durable powers of attorney for finances or health care—allowing your representative to handle your affairs and carry out your wishes when you cannot because of a mental or physical disability. “Funding” is the process whereby assets are transferred into a trust. Because, without funding, a living trust is practically useless, we will fund your estate for you.              

Employment Law

Employment law is constantly changing and evolving. Practically all California businesses, no matter how small, must comply with an ever-increasing number of employment laws and regulations. These run the gamut from wage-and-hour laws to family-and-medical leave and anti-discrimination statutes. Failure to comply with these laws may result in expensive lawsuits, fines, and penalties.

Allegiance Legal will advise you on best practices for hiring, disciplining and terminating employees to reduce the possibility of complaints to administrative agencies, such as the Labor Commissioner. Many employers see a benefit in setting forth their policies and procedures, and their employees’ rights and responsibilities, in employee handbooks. We will discuss with you the advantages and disadvantages of employee handbooks, and prepare one custom-made to your business if you decide to adopt one.

Litigation

Lawsuits are an unfortunate, and expensive, fact of life for California individuals and businesses.  Fortunately, it is possible to reduce their likelihood and, when they cannot be avoided, their severity, through the collaboration of client and attorney.  Allegiance Legal will give you the advice you need to make decisions that reduce your exposure to liability.  But when litigation cannot be avoided, we have the expertise you need.  We have litigated cases in federal and state trial and appellate courts, as well as before administrative agencies.  During litigation, we manage your case as efficiently as possible, without compromising the quality of our work, to reduce costs.  We also explore alternative dispute resolution alternatives as soon as practicable.

As a lawsuit unfolds, we do all we can to relieve you from carrying that burden.  We bear that burden for you, so you can run your business and spend your time constructively, without worrying.