Business Law

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Business Law

TATE BYWATER has an extensive background in a wide variety of corporate and business law transactions. Whether you are working to form an entity, require contracts, consulting agreements, startup advice, or have transactions or legal disputes, we advise and counsel our clients efficiently and effectively, working hard to minimize your legal expenses so you can continue to invest in your business success.

Forming a business requires more than simply filling out forms. To assist a client properly at this important stage of the business formation, an attorney specializing in corporate and business law will meet personally with the client to better understand their goals and identify how best to achieve those goals.

We understand the importance of your business and the risks associated with starting, running, and maintaining a healthy operation. At TATE BYWATER your business is “our” business, and we work hard to make sure you are protected from all legal aspects. We provide a full spectrum of legal services for every size business.

Whether you are a small business, mid-tier, or large business, we provide legal advice on everything from business formation and start-up requirements, to contract formation, employee handbooks, policies, procedures, acquisition and divestiture valuation and support, contract negotiations for leases, employment contracts, novations, promissory notes, and other transactions.

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Business Formation and Entity Selection

Areas we help our clients consider are:

  • Entity Identification to Meet Your Goals (S Corporation, C Corporation, LLC, Partnership, Non-Profit, or hybrid)
  • Special Considerations and Registration – Small Business, Woman-Owned, Minority-Owned, Disable Veteran Owned, Hub Zone
  • Corporate Formation Documents and Agreements – Operating Agreements, Shareholder Agreements, Capital Contributions, Promissory Notes, and Partnership Agreements
  • Operational Documents – Policies, Procedures, Employee Handbooks, Employment Agreements, Non-Competes, Non-Disclosure Agreements, Subcontract Agreements, Teaming Agreements, Employee Handbooks, Notices, Lay-off and Termination Documents
  • Franchise Agreements – Franchisor Formation, Franchisor/Franchisee Negotiations, Compliance with the Virginia Retail Franchise Act
  • Act as Virginia Registered Agent
  • Acquisitions and Divestiture – Valuation, Asset Purchase Agreements, Stock Purchase Agreements, Hybrid Agreements, and Negotiations

After an assessment of the proposed business, a business law attorney will advise the client on how to best control or limit liability and which entity will be most advantageous. He or she will discuss the various aspects of partnerships, limited liability companies, S-corporations and C-corporations to see what makes sense for the client. He or she will discuss the various aspects of corporate governance such as maintaining corporate records, proper appointment and functioning of corporate officers and directors, meetings, employee agreements, operating agreements and shareholder agreements. Whether you are looking for a business lawyer in Northern Virginia or elsewhere, we can support you at TATE BYWATER.

Contracts and Agreements

We understand how valuable your time is to your business, which is why we offer our expertise in drafting and negotiating all of your contracting and agreement needs. From operating, shareholder, or partnership agreements to executive and employee agreements and standard or special contracts, TATE BYWATER is dedicated to providing its decades worth of contracting and negotiations experience and legal services, so that you can focus on what’s important, your business.

  • Federal Government Contract Management – Ensuring adherence to the Federal Acquisition Regulation (FAR) Defense Federal Acquisition Regulation (DFAR), Negotiations, Collections, Protests, Engineering Change Proposals (ECPs), Funding Modifications, Close-outs
  • Commercial Contracts – Formation, Negotiation and Litigation
  • Real Estate Purchase Agreements – Warranty Deeds, Deed of Trust, and Easements
  • Construction Contract Management – Terms and Conditions, Milestone Measurement and Adherence, Payment Allowances, and Negotiations
  • Independent Contract Agreements (1099) – Formation, Negotiation, and Management
  • Service Contract Act Regulations (SCA)
  • Freedom of Information Act (FOIA)
  • Federal and State Procurement Regulations
  • Set-Aside Determinations

Litigation and Disputes

Fraud Litigation

If you are operating a business in the state of Virginia, you should be aware and protected against allegations of fraud. It is all too common for plaintiff attorneys to attach a fraud allegation to an ordinary breach-of-contract case, in hopes of enabling the recovery of punitive damages and attorneys’ fees. If you are being faced with or bringing forth a fraud claim in Virginia, it is important to retain an experienced local attorney who understands and can navigate the laws governing fraud. We are committed to protecting our client’s assets and commercial interests. TATE BYWATER has provided successful counsel and litigation for both filing and defending against fraud claims, which include, but not limited to, negligent misrepresentation, constructive fraud, and fraudulent omission.

Tortious Interference

All too often, business litigation involves allegations that a competitor engaged in unfair competition or business tactics that were designed to damage a plaintiff’s business. However, it is important to understand the difference between legitimate competition and tortious conduct. If you feel that you are a victim of a tortious interference from a competitor, don’t hesitate to contact the Virginia lawyers at TATE BYWATER, and discuss your concerns and potential course of action. Our attorney’s have experience in handling tortious claims successfully and will work with you to mitigate your legal expenses while pursuing potential avenues you can take.

Partnership Disputes

Becoming a business owner has its own risks but establishing a business with a partner adds additional risks to the equation. There are numerous situations that may bring forth a partnership dispute. Some of these disputes consist of failure to honor fiduciary duties, failure to satisfy contractual obligations, such as those set forth in a partnership agreement, operating agreement or any other form of business contract. As a business owner, your customer is your most important asset, which is why it is important not to waste unnecessary time and finances on partnership disputes. Although litigation is a course of action, it is not always the right action. There are other forms of dispute-resolution that can provide a much more cost effective and timely approach, such as negotiation, mediation, and arbitration. The Virginia lawyers at TATE BYWATER are experienced in handling all forms of partnership disputes. Don’t allow a failed business partnership, ruin the business you love and have worked so hard to create.

Hourly In-House Counsel

For over five decades, the firm has acted as counsel for businesses that do not have the capacity or need for traditional in-house corporate law counsel. We offer knowledgeable counseling and advice on the many types of legal issues business owners constantly face.