Practice Areas
Corporate and Organizational Law
Corporate Services
Business owners are generally too busy with day-to-day challenges or running their business to properly maintain the legal technicalities of their business entity.
Yet if they fail to take necessary action they face a multitude of risks, from losing legal and tax protection to economic loss. To assist businesses in minimizing this risk, we offer a
low-cost annual pre-paid maintenance program for businesses. Our pre-paid Corporate Services Program includes:
- Review of governing documents to ensure they are current, properly coordinated and comply with state law
- Act as registered agent
- Prepare notices and minutes of required meetings
- File periodic reports required by the secretary of state
- Assist with re-titling and transfer of assets into the entity
- Regularly update governing documents to incorporate new business strategies, changes in family and financial circumstances and improved legal language
- Annually review corporate documents
- Assist with titling of newly acquired business assets
- Provide notification throughout the year on relevant business and tax issues.
Real Estate
Residential Real Estate
With historically low interest rates and rapidly rising property values, many people have the opportunity to own their first home or upgrade to the new home of
their dreams. However, many buyers and sellers, both experienced and inexperienced, take an unnecessary risk by signing an offer and acceptance drafted by the real estate broker, not a
licensed attorney. Afterwards, the party may discover the broker's agreement does not fully protect the party's interests and the broker's agreement does not reflect their intended agreement.
Realtors' forms contain language that not only do not protect your legal rights, but may also waive many legal protections. If the realtor's form is not as the parties intended, it may cost
thousands of dollars in legal fees to either correct the transaction or avoid the agreement altogether. Hiring an experienced attorney to draft necessary documents or to, at the very least,
explain, from a legal perspective, the offer and acceptance, plus the financial documents, during the home buying/selling process, will provide information to help you understand all aspects
of your transaction.
Commercial Real Estate
The hidden value in your long held commercial real estate or the "great deal" made on newly acquired property can create tax and financial planning
issues. A few options to utilize are a 1031 (like-kind) exchange, a sale-lease back, or other tax driven strategies. However, some strategies and protections may be unavailable if you fail to
have documents reviewed before entering into the transaction. An experienced attorney can assist and advise you during the entire process of purchasing or selling your commercial real estate.
Leases
Whether you are the lessor or lessee, Ball & Stuart is available to assist your commercial or residential leasing needs including custom tailoring your lease,
providing a standard lease, reviewing and updating a current lease, or simply advising you on the legal terms and issues associated with your transaction.
Business Entity Formation
It is important to understand the choice of entity is critical. Most people do not know where to begin in their choice of entity due to a vast array of options
available including corporations (both Sub-S and Sub-C), Limited Liability Companies, Partnerships, Limited Partnerships, Limited Liability Partnerships, and Limited Liability Limited
Partnerships. The consequences of selecting the wrong entity can be financially devastating as a result of legal liability protection for the owners or surprise tax assessments by state and
federal authorities. An experienced attorney can assist you in avoiding the wrong decision when selecting your entity.
Intellectual Property
One of the most valuable assets of many companies today is their intellectual property. Trademarks, service marks, and trade dress all protect a public image and
the goodwill associated with an image. Copyrights protect the written or visual representation of your ideas and thoughts. Patents protect your ideas and processes. Trade secrets can protect
areas both covered and not covered by trademarks, copyrights or patents. Knowing when to use the best combination of the available intellectual property options can make the difference in your
success or failure.
Employment Law
Employment law is a rapidly evolving area with sometimes weekly changes in both state and federal laws and regulations. Ball & Stuart represents both employers
and employees in various employment law areas including contracts, employee handbook violations, discrimination, and unemployment disputes.
Mergers and Acquisitions
Whether you are considering selling your business, acquiring a competitor, or purchasing an ongoing business in order to go into business for yourself, there are
difficult decisions to make during a business merger or acquisition. You may not be sure if you want to purchase/sell the stock or only purchase/sell the assets. Failure to provide for the
proper legal protections and failure to understand the tax consequences of your choices can be financially overwhelming. It is important to have competent legal counsel assist you during the
process.
Marital Planning and Divorce Protection
A premarital agreement can protect you against the risk of loss of assets; it is especially important in a blended family. Well-drafted trust provisions can prevent
loss of assets intended for your children as well.
Construction Law
Commercial Construction
Many companies believe getting an attorney involved will either bog down the process or send the wrong message to the other side. The attorneys at Ball &
Stuart, PLLC understand the lawyer's role is to vigorously protect and advance the client's interests, but at the end of the day, the lawyer should not interfere with or unnecessarily delay
the business at hand. After all, you are in business to make money, not pay lawyers.
Whether your company is the Owner, Investor, Financier, Architect, Engineer, Supplier, General Contractor, Project Management Company, or one of endless list of
specialized Sub-Contractors, Ball & Stuart, PLLC can utilize its construction industry experience and knowledge to effectively advocate your interests. It is never too soon to enlist the
help of experienced legal counsel. Not negotiating for a critical "pay if paid" clause or failing to insist on a carefully drafted and necessary liquidated damages clause for missed
deadlines on the front end can result in leaving money on the table on the back end. The law imposes stringent requirements for perfecting a lien. Missing a lien notice deadline, improperly
giving notice of liens or improperly filing a lien because of a technicality might not be the best way to maximize your business's revenue.
Residential Construction
Whether you are a custom residential builder, an experienced residential developer, or an individual looking to build your first home or the home of your dreams,
many potential disputes between the builder and the home owner could be lessened or avoided by having a properly drafted, written contract. A written contract, which includes as many details
as possible, can help both the builder and home buyer clarify what is expected during the sometimes frustrating process of building a residential home.
Disputes and misunderstandings between the general contractor/builder and the framers, electricians, plumbers, and other subcontractors are sometimes less likely to
happen in the first place if the arrangement is governed by a set of written bid documents, contracts, change orders and field memos. It is best to avoid disputes, but if they occur, a well
written document can prove invaluable and save you money on legal fees.
Contract Drafting and Review
Contracts are legally binding agreements to protect the interests of both parties involved. One of the most cost effective and efficient things you can do to ensure
your rights are protected and the contract is fair and legal is to have an attorney draft it for you or review an existing contract you are entering. Issues such as liability, choice of law,
definition of breach, severability and succession must be addressed, and these can vary depending upon your particular situation. Ball & Stuart can help protect your interests by drafting
and reviewing asset purchase contracts, buy-sell agreements, licensing agreements, employment contracts, partnership agreements and general business contracts.
Review of Loan and Financing Documents
Both lenders and borrowers require sound legal counsel when pursuing financial negotiations. Ball & Stuart can assist in this process
Employee Handbook Drafting and Review
The workplace can be a complex legal situation with a diverse array of employment and health issues. Whether it is assistance in preparing internal policies and
documents, dealing with state and federal agencies or litigation, Ball & Stuart can help you draft and interpret employment contracts, employee handbooks and statutory obligations such as
occupational safety issues and standards, unemployment compensation, workplace discrimination based on age, race, gender or disability, and immigration issues.
Attendance at Board Meetings
To ensure a board of directors is working in the best interest of the business or organization, Ball & Stuart can attend meetings and provide legal
representation.
Outside General Counsel Services
Many times, businesses and organizations cannot afford "in-house" legal counsel but will be remiss without legal counsel and representation of some kind.
Ball & Stuart can research and prepare documents and contracts on a variety of business and nonprofit issues while providing sound counsel on demand.
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