Gordon Law

FAQs

There are a number of factors that you need to consider when choosing a business lawyer. Fundamental to the process is the understanding that your relationship with your lawyer is exactly that – a relationship. Your business lawyer works for you. Your business lawyer should spend more time listening to you than talking. Beyond the human skills, your business lawyer should be transparent about attorney’s fees. Once you get past those things, retaining a lawyer who is knowledgeable about all aspects of business law – she should be able to advise you on business formation; commercial transactions; commercial litigation; and mergers and acquisitions along with all of the items that happen in between.

When you are first searching, lean into your community. Whether you get a referral from a business advisor, like a CPA or insurance agent, or from a networking organization like a Chamber of Commerce, learning the lawyer by her reputation is the best start.

While each lawsuit is unique, business litigation in Nevada can follow certain expected paths. A knowledgeable commercial litigator will explore Clark County’s unique business court. Beyond that, she may discuss mediation, arbitration or other alternative dispute resolution possibilities. If you proceed with litigation, it will likely start with the filing of a complaint. If you file the complaint, you are the plaintiff. If the complaint is filed against you, you are the defendant. While it is not always that simple, that is usually how litigation starts. There will, likely, be a flurry of activity in the beginning. Once you are into the litigation, the discovery phase starts. This is often the longest period in the life of the lawsuit. Along the way, there may be motions that are filed. Generally, these can be considered as interim requests for court intervention. Ultimately, there will be a trial. In Southern Nevada, the time period for commercial litigation is expected to be between 18 and 24 months. At any time during the process, you can find a way to settle the dispute and end the litigation. 

Estate planning is more than a series of documents. You should make sure that you have a comprehensive plan that includes a will, a trust, powers of attorney and health care directives. Most importantly, you should make sure that you fund your trust with appropriate assets to protect yourself and your family. You should also review your estate planning with each marriage, divorce, birth or death. At a minimum, you should have a comprehensive review of your estate plan every 3-5 years. 

Las Vegas is one of the best places to do business.  Formation of a corporation or limited liability company is easy and our laws are very business friendly.  Leverage of Nevada’s business friendly laws in your commercial transaction can make and enormous difference in terms of liability protection along with mitigation of taxation.

Ideally, you will have established a relationship with a business attorney long before litigation rears its head.  If you have not, it is best to hire a business litigation attorney as soon as you are aware there is a dispute.  It is better to hire a lawyer earlier than later so that the lawyer can advise you on ways to simultaneously prepare for commercial litigation as well as consider dispute resolution.  The dispute resolution may be in the form of a mediation, a settlement, or changing the nature of the relationship so that you can move forward in your business without the distraction of the litigation.

The first and most important tip is to know that you need an estate plan.  If you have minor children, you will need to make sure your estate plan covers temporary and permanent guardianship.  If you have children, a home or a business, you need a trust.  Beyond that, you should have a trust that helps to protect your wishes, your loved ones and your assets.  Know that any estate plan should include powers of attorney to address disability as well as legacy and asset protection.

The most important factor is to look to resolution and not winning.  Winning is a relative term that, ultimately, does not solve the problem.  In looking toward resolution, determine what your best, worst and middle outcomes include.  Dispute resolution can include mediation, arbitration or, ultimately, litigation.  Even if you are knee-deep in commercial litigation, know that there will be opportunities to resolve the business dispute.  Having an experienced business lawyer will help you to identify and exploit those opportunities.

Starting a new business can be both exciting and overwhelming.  From a legal standpoint, you should decide the type of business (corporation, limited liability company, etc.).  Such business entities are formed through the Nevada Secretary of State and have very specific differences and information required.  Each will require a Resident Agent.  Additionally, you may need other documents like an operating agreement, bylaws, or a shareholders’ agreement.  You may also need a fictitious filing name.

You will need to make sure that you have a business license.  You will need to know whether you need a business license in Clark County, Las Vegas, Henderson or North Las Vegas – as they each have different requirements.  You will need to secure a Tax Identification Number to open a bank account.

All of the above is required before you start doing any business.

If you have employees, you will need to secure workers’ compensation insurance.   You may need other insurance as well such as commercial liability insurance, errors and omissions insurance, directors and officers’ insurance and insurance if you have a brick and mortar operation.

Estate planning is vital to control your wishes in the event of your disability or death.  Those wishes will include decision-making in the event you are unable to say what you want along with the protection of your family, assets and legacy.  Ultimately, estate planning is a gift to those whom you love.  You remove uncertainty as to who is going to take care of your family and how your assets are going to be protected and passed on.  Without estate planning, you will through those whom you love into having to navigate the probate system when they are most vulnerable.

Finding a business lawyer can be a challenge.  Not all lawyers do all things.  You should not rely upon an accident lawyer or a criminal lawyer to help you with your business.  As it relates to Henderson, having a lawyer that is plugged into the business community is vital.  I have committed my professional life to the Henderson business community.  I have served as the Chairperson of the Henderson Chamber of Commerce (representing nearly 2000 businesses).  I serve on the Henderson Community Foundation – an umbrella organization overseen by business leaders within the community.  I have been actively involved in advocating for businesses within Henderson before the City of Henderson and the Nevada Legislature.

I see my role as a business transaction lawyer very broadly.  I am involved in helping clients with the startup of their company through formation and initial creation of organizational agreements.  I help my clients through all of their transactions which include operating agreements; buy-sell agreements; real estate purchase and lease agreements; financing and loan agreements; business purchase and sale agreements; asset purchase agreements; stock purchase agreements; non-disclosure agreements; employment agreements; independent contractor agreements; agreements among the owners of the business and agreements the business has with its vendors and customers.

Henderson has such a robust business community.  When searching for a business litigation attorney in Henderson, go to sources that you trust.  Whether that is the Henderson Chamber of Commerce or other businesses that operate in Henderson, those referrals will help you to find a litigation attorney who has meaningful litigation experience along with the confidence of others in the community.

Well, the easy answer is Gordon Law!  The more serious answer is that the best estate planning lawyer in Las Vegas is the best estate planning lawyer for you and your family.   You should make sure that while searching for an estate planning lawyer, you look for someone who listens to your unique story.  Estate planning is more than creation of wills or trusts.  Valuable estate planning creates a path for you, your family, your business and your legacy to be honored and fulfilled.

Gordon Law offers “cradle to grave” or “formation to acquisition” services.  In other words, we provide holistic legal services for the life of your business.  Whether you are just beginning with a start-up and forming a limited liability company or corporation or expanding and need business and commercial agreements for internal or external needs.  Gordon Law can help you.  If you find your business in a commercial dispute, Gordon Law can help with dispute resolution and litigation.  Finally, Gordon Law can help with exit planning for a merger or acquisition.  In concert with that, Gordon Law’s estate planning services are geared directly to business owners to ensure that the legacy of your business endures.

Business disputes can come in all shapes and sizes.  You can have a partnership dispute; an employee dispute; a dispute with a vendor; a dispute with a customer or anything in between.  Some disputes can be resolved by simple and straightforward negotiation.  If you cannot resolve the commercial dispute yourself, an experienced business lawyer can help you to achieve dispute resolution.  That can take the form of mediation, a settlement conference or commercial litigation.  Anywhere along the journey, you can negotiate a resolution to the dispute.

There is an old saying that all politics are local.  The same is true with business.  Even though Henderson is the second largest city in Nevada, our business community is a close knit one.  As such, hiring a local Henderson business lawyer is key to ensuring that your business transactions, operations and liability protection are kept in tact.

A business should look for an attorney who has experience in business law. Not all areas of practice are the same and neither a real estate attorney, an estate planning attorney, nor a collection attorney can holistically know and understand the best ways to represent your business. Furthermore, you should look for someone who has received the prestigious distinction as an AV Preeminent Attorney from Martindale-Hubble, which provides impartial peer-reviewed ratings of lawyers and law firms for consumers and professionals. Look for a Nevada business lawyer with this accreditation if you live in this state. In addition, it is important for your business attorney to have meaningful contacts within the community. Ideally, your attorney should add to the synergy of your business. Finally, as with any attorney, your business attorney should be able to attentively concern herself or himself with the issues that are important to your business and provide you counsel in a timely manner.

Larger law firms have tremendous overhead. Furthermore, because of their size, they generally delegate work to younger, less experienced attorneys. In so doing, the client ultimately has to pay for both the firm’s overhead as well as the learning curve for the younger attorneys. This cost is not always merely financial. As a business owner, it is difficult to justify having your issues delegated to an inexperienced attorney and then reviewed by a more experienced attorney (each at a cost to you) and never knowing who is actually performing the work for you. At Gordon Law, the business attorney you retain is the business attorney with whom you will work. There will be no surprises as to who is handling your business. Similarly, there will be no duplication of billing for multiple attorneys working your file.

In many ways, Las Vegas is still a small-town. Relationships are important. Having practiced here for more than 20 years, I have had the great privilege of working both within and outside of the legal community. My background and experience have served my clients well: I was appointed to the Nevada Judicial Conduct Commission to address the ethical rules affecting our judges; I served as General Counsel to the State of Nevada Democratic Party; I presently serve as a Director of the Henderson Chamber of Commerce. These relationships assist me in counseling my clients. As a business lawyer Las Vegas needs, I utilize these relationships to help my client’s needs! Furthermore, my relationships with other lawyers and judges within Southern Nevada ensure that my clients’ positions are properly heard and respected.

Any relationship, transaction or event can ultimately lead to litigation. As a business owner, you never want to find yourself in a courtroom. Having an attorney review agreements to ensure your rights and responsibilities are properly set forth can help you avoid a future dispute. Having an attorney involved in the negotiation and execution of all business documents including, but not limited to, operating agreements, shareholder agreements, lease agreements and the like, can keep you out of court.

A will is the minimum you will need. You will almost certainly need a trust as well. A trust is, essentially, a contract that created to hold and disburse assets. In the creation of a trust, you will place your assets in the trust and the trust will then disburse them. There are many benefits to a trust. The primary one is the ability to avoid the time and cost associated with probate. Depending on your particular circumstance, there may be tax benefits associated with a trust as well.

If there is more than one owner in a partnership, corporation or limited liability company (LLC), then you should also have a buy-sell agreement. This enables you to predetermine the purchase price of your interest so that your heirs may be bought out upon your death. If you have an LLC, this can be included in your operating agreement. Also, the purchase price can be funded by insurance so that you can receive tax benefits in that manner as well.

Finally, a succession plan is particularly helpful if you have a family-run business. A succession plan enables the primary owner/operator of the business to create a procedure for the business to be taken over by either another family owner or by a non-family operator. This is ideal to ensure the survival of the business through the transition of the owner’s death.

Especially in business litigation, you want an attorney who is familiar with the courtroom, in general, and the Eighth Judicial District Court’s Specialized Business Courts in particular. In terms of the traits of a good litigator, you should look for someone who listens more than they speak. A client should look for an attorney who is tenacious, but has the understanding that you must always keep the door open for negotiation. A good litigator is someone who is detail-oriented and can articulate for you how the facts of your particular case fit into existing law. Finally, and most importantly, you should look for a lawyer who will be candid with you about the merits of your position.

Similar to issues in your business, legal matters are rarely black or white. It is within this context that an attorney with a strong business background can be most helpful to you. All negotiations, whether they are in a transaction or in the midst of heavily contested litigation, are opportunities to understand the other side’s position and create an avenue that is most beneficial to yours. Recognizing and capitalizing on these opportunities can help achieve the best resolution or forge a new, more advantageous pathway.

My ideal client is one who is candid with me. I am much more effective as a Nevada business lawyer when I have all of the facts unfiltered. Additionally, my ideal client recognizes the value he or she pays for my counsel and follows my recommendations. Ultimately, my ideal client is one who communicates with me freely and enables me to do the same.

Estate planning serves many needs. The primary is to ensure that your assets pass to your designees without the necessity or cost of probate along with preserving your wishes and privacy in a way that is streamlined and efficient. Other needs that can be served are asset protection; protection of family members with special needs; and making sure that your wishes for your treatment and assets are understood in the event that you are incapacitated for some period of time.

Bullshit awards that are created to stroke egos. Seriously, for some of them, they are recognition from lawyers and other peers of good and ethical work performed by lawyers.

Yes. Not all lawyers know everything. You wouldn’t want a personal injury lawyer practicing criminal defense. A good business lawyer has knowledge and experience surrounding business needs and protecting against liability for the business and its owners.

Estate planning serves many needs. The primary is to ensure that your assets pass to your designees without the necessity or cost of probate along with preserving your wishes and privacy in a way that is streamlined and efficient. Other needs that can be served are asset protection; protection of family members with special needs; and making sure that your wishes for your treatment and assets are understood in the event that you are incapacitated for some period of time.

In many cases, if you have more than one owner of a limited liability company, a bank will require you to have an operating agreement to open a bank account. More importantly, operating agreements set forth the rights and responsibilities of the owners of a limited liability company. A well drafted operating agreement will enable you to take advantage of all of the benefits of Nevada law for llc’s.

Compliance with state requirements ensures that you will not get fined by the state of Nevada. Equally important is that one way to incur personal liability from your business activities is to not have your business in good standing.

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Don’t let legal challenges hinder the success of your business. Contact us today to schedule a consultation with a top business lawyer in Las Vegas. Whether you are a small business or a large corporation, we are committed to helping you achieve your business goals through effective legal counsel.

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