Hess-Verdon is the LEADING ORANGE COUNTY business law firm

Receive Expert Legal Insight on Business Law, Contract Disputes, Corporate Formations, Partnership disputes, and other sensitive issues on ownership succession.

Be sure to schedule an appointment today.

We aggressively defend and pursue our clients’ interests!

 

Trust Litigation Attorney

Business and Corporate Formation

Types of business entities
Documents and Procedures

Achieve legal insight with Hess-Verdon business attorneys with a pragmatic approach to corporate formations.

• Limited Liability Company (LLC)
 Limited Liability Partnership (LLP)
• S-corp, and other formations

Can a Trustee be a beneficiary of a Trust

Business Compliance and Maintenance

Avoid Succession Challenges
Intentional Interference

Keep up-to-date with all business legal aspects. Stay compliant and protect your legal rights. Speak to a small business attorney today.

• Annual Meeting Minutes
• Bylaws
• Operating Agreements

Can a Trustee be a beneficiary of a Trust

Business Compliance and Maintenance

Setting up a foundation
Filing and Registration

We provide a series of logistical and financial decisions about who will take over your business upon retirement, death, or disability.

• Setting up for retirement
• Advanced estate planning
• Sale of business
 

Top Shareholder Disputes Attorney in Orange County, CA.

Your Newport Beach Business Litigation Attorneys Serving Orange County, California Residents

As a director or officer of a company, you are a fiduciary. As a fiduciary, you have a fiduciary duty to your corporation, to shareholders, including minority shareholders, and even creditors of the corporation. You have an “utmost good faith” as your obligation and duty to fulfill. Therefore, build into all documents a thread of ‘dispute resolution mechanisms’ to fend off having to go to court and litigate.

Within your partnership agreement, you will want to build mechanisms to communicate with your partner(s). You want to ‘force’ meetings, whether monthly and no less than quarterly meetings with your partner(s) to go over corporate matters. Moreover, the meeting is not a day-to-day discussion but delineates strategic organizational topics vs. everyday operating issues. Once again, the objective is to fend off ill will and possible litigation.

Before we discuss mediation, arbitration, and litigation, there is a period before these steps where you want to have had a section within the agreement of a ‘formal resolution meeting.’ You build into your partnership agreement a formal notice of dispute that states we have an issue, and the letter states there is a severe issue, and a face-to-face meeting has to be held to fend off any litigation.

Here at Hess-Verdon & Associates, we are well versed in the following:

  1. Estate Planning – Advanced Estate Planning
  2. Business Law – Corporate formations
  3. Real Estate Law

The reason is simple. If litigation occurs, your other assets can be in jeopardy should you not have all your documents reviewed by a business and estate planning attorney.  

In most instances, business law and litigation influences one’s family estate plans and real estate that is owned. Hess-Verdon ensures you are well protected to mitigate any cross litigation matters. Click here to receive a no-obligation case review.

Now, it’s ‘crucial’ to build in dispute resolution mechanisms with each operating agreement, partnership agreements, etc.. If you, however, are passed this step, and you are at a crossroads, contact us today.

Shareholder Disputes Law

It’s important to understand, arbitration and litigation can be a costly path. Let cool heads prevail. Mediation is the best choice if business partners are still on speaking terms. Better yet, you would have pre-planned for litigation and keep multiple paths of communication open.

You have primarily three options at your disposal. They are the following:

  1. Mediation
  2. Arbitration
  3. Litigation

What Should I Consider in Achieving Good Counsel?

You need comprehensive, results-driven legal counsel to drive this issue to an amicable negotiation through the litigation process. And if you desire mediation or arbitration, whichever benefits your situation, our firm has been representing business owners and family businesses for over 30 years.

With that said, if there is no alternative, then protect your rights through the legal system!

What Should I Consider in Achieving Good Counsel?

You need comprehensive, results-driven legal counsel to drive this issue to an amicable negotiation through the litigation process. And if you desire mediation or arbitration, whichever benefits your situation, our firm has been representing business owners and family businesses for over 30 years.

With that said, if there is no alternative, then protect your rights through the legal system!

What are the Differences Between Litigation and Arbitration?

Concerning litigation and arbitration, the arbitration process is private, while litigation is a formal process conducted in a public courtroom. There are many other factors, as well — the speed of the process is an example. With arbitration, once an arbitrator is selected, the case can be heard immediately. In civil litigation, you will have to wait until the court has time to listen to it, which can take several months and even years.

Review just some examples of the differences between arbitration and litigation.

Legal Options Litigation Arbitration
Out of Courtroom No – Public – In a Courtroom Yes –
Private – Between Parties
Type of Proceeding Civil – Private Civil and Criminal
Professional Mediator No – Court appoints judge Yes –
Parties select Arbitrator
Judicial Authority No

Yes

(typically a retired Judge,
a senior lawyer)

Binding Appeal Possible Yes – Usually binding –
no appeal

What is the Difference Between Mediation and Arbitration?

While both mediation and arbitration take the negotiations out of the courtroom, they have their differences. What they do have in common is both use a third-party to oversee them.

A breakdown of the differences is below to assist you better understand the differences between mediation and arbitration.

Here at Hess-Verdon, we counsel clients on various aspects of business disputes. We review such things as investigating potential claims, evaluating the merits of bringing a claim, filing or defending a claim, and, when necessary litigating a claim through trial, mediation, or arbitration.

With our expert team of business litigators, in many instances, we can settle such proceedings without going to trial after taking into account the merits of the positions advanced by the respective parties.

Here are some basic overview:
Legal Options Mediation Arbitration
Out of Courtroom Yes Yes
Uses 3rd party to oversee Yes Yes
Professional Mediator Yes No
Binding No (not always) Yes

How Does a Business Arbitrator Make their Decision?

You can view the arbitration hearing similar to a mini-trial. Both sides will present their evidence and make arguments to support their position. And unlike meditation, where there may be a suitable compromise from both sides, the arbitrator has no duty to find understanding.

ARE THE RULINGS FROM THE ARBITRATOR BINDING?
Well, there are two basic types of arbitration:
  1. Binding arbitration: This means the decision from the arbitrator is final. No appeal.
  2. Non-binding arbitration: This means that both parties have to accept the arbitrator’s decision, and if not, the case proceeds to trial.
How Does a Business Arbitrator Make their Decision?

You can view the arbitration hearing similar to a mini-trial. Both sides will present their evidence and make arguments to support their position. And unlike meditation, where there may be a suitable compromise from both sides, the arbitrator has no duty to find understanding.

ARE THE RULINGS FROM THE ARBITRATOR BINDING?
Well, there are two basic types of arbitration:
  1. Binding arbitration: This means the decision from the arbitrator is final. No appeal.
  2. Non-binding arbitration: This means that both parties have to accept the arbitrator’s decision, and if not, the case proceeds to trial.

Violation of Fiduciary Duty

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Breach of Trade Secrets

California Business Litigation

Business Litigation Attorney Near Me

Choosing the Right Business Litigation Firm is Paramount

Have your rights been violated? Have you been served a subpoena? Are you at a crossroads and in need of a business litigation attorney to review your situation

If so, read on.

stars 5 Top Shareholder Disputes Attorney in California

“Definitely a firm that will “fight to the finish.”

Frances Gruben

Client Since 2010

stars 5 Top Shareholder Disputes Attorney in California

“I have been working with this firm since 1994; you can’t beat a firm like this, that is so ethical and competent.”

Dixie Fisher

Client Since 1994

stars 5 Top Shareholder Disputes Attorney in California

The Hess-Verdon firm is a class act. I have worked with them for a number of years and seen first hand the level of service they provide, the integrity by which they operate, and the deep compassion they have for their clients. Whether it’s for trust and estate planning or business law matters, they are your best choice.

Chuck Goetschel

Client Since 2012

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During these trying times, we know it’s vitally important for you to save time and money. Is peace of mind important to you?  Rest assured that our top-quality attorneys will assist you every step of the way.

Hess-Verdon & Associates is a top Southern California business law firm in the state of California at both the trial and appellate levels.

Our Guarantee: Courteous treatment, respect, and professionalism with a commitment to high-quality.

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What to expect?

Reliable counsel to protect your legal rights!

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