Business Planning
Business Planning
Unstable markets produce disagreements. Good planning decides in advance how they will be resolved — and keeps most of them out of court.
Business planning is the transactional side of business law: structuring a company, papering its relationships, and settling in advance how disputes will be handled. Business litigation is what happens when that fails — intellectual property disputes, breach of contract, non-compete issues, fraud, and insurance coverage disputes.
You’d be pressed to find a time more unstable for consistent business operations in recent history than right now. With some of the historically sturdiest industries crumbling around us while others blossom at a rate nearly inconceivable, it’s understandable that problems and disagreements will arise in these ever-changing times.
Business Litigation often refers to these types of issues:
- Intellectual Property Disputes
- Breach Of Contract
- Non-Compete Issues
- Fraud Disputes
- Insurance Coverage Disputes
Another important aspect to Business law is known as transactional law. Business transactional law refers to the practice of law involving commerce and exchanges.
At Tresp Law, APC our expertise in Business Transactional Law will guide you through all of your complex business interactions needed to succeed.
Business planning at a glance
- Transactional law
- The practice of law involving commerce and exchanges — the agreements that define a business relationship before anything goes wrong
- Common disputes
- Intellectual property, breach of contract, non-compete issues, fraud, and insurance coverage
- Where planning starts
- Entity formation and the governing documents that come with it
- Where it continues
- Business contracts and transactions
- Corporate housekeeping
- Resolutions and legal secretary services keep the record straight
- Winding down
- Business dissolution when an entity has outlived its purpose
What is the difference between transactional law and litigation?
| Business transactional law | Business litigation | |
|---|---|---|
| What it involves | Commerce and exchanges — forming, papering and negotiating | Resolving a dispute that has already arisen |
| When it happens | Before the relationship, and throughout it | After something goes wrong |
| Typical work product | Contracts, agreements, entity and governance documents | Pleadings, discovery, motions, trial or settlement |
| Who controls the outcome | The parties | Ultimately a judge or jury, unless settled |
| Relative cost | Predictable and planned | Open-ended |
Most of what a business spends on litigation is spent arguing about something a document could have settled in a paragraph. That is the case for planning.
Contact us today
The possible future of your business is no small matter to us. We take the time to meet with you personally either in-person or through video conference technologies such as FaceTime, Duo, Skype, or Zoom. Tresp Law, APC’s advanced cloud-computing real-time collaboration technologies enable us to assist you remotely from our offices in Cardiff-by-the-Sea, Mission Brewery Plaza in San Diego, and Kemmerer, Wyoming. If you need a proactive, knowledgeable, and effective Business Planning lawyer, call us today: (858) 248-2779 or contact us online to schedule a initial consultation.
Related services
Common questions
Frequently asked
What does business planning actually cover?
Choosing and forming the right entity, drafting the documents that govern it, papering relationships with partners, employees, contractors and customers, and building in the mechanisms that decide what happens if someone leaves, underperforms or disagrees. It is the transactional side of business law rather than the courtroom side.
What is business transactional law?
Business transactional law refers to the practice of law involving commerce and exchanges. In practice it means the agreements, negotiations and structures that let a business buy, sell, hire, license and partner with confidence. At Tresp Law, APC our expertise in Business Transactional Law will guide you through all of your complex business interactions needed to succeed.
What kinds of disputes count as business litigation?
Intellectual property disputes, breach of contract, non-compete issues, fraud disputes and insurance coverage disputes are the categories that come up most often. Each turns heavily on the documents the parties signed before the dispute arose, which is why the planning and the litigation sides are not really separable.
Is a handshake agreement enforceable?
Sometimes, but proving its terms is a different problem from having them. Oral agreements invite exactly the breach-of-contract disputes listed above, because each side remembers a different bargain. A written agreement is cheaper than the argument about what was said.
When should a business bring in a lawyer?
Before the relationship is formed, not after it breaks. Reviewing a proposed structure or agreement is inexpensive relative to unwinding one. If a dispute has already arisen, the sooner counsel sees the documents and the correspondence, the more options remain open.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. California trust and probate law is fact-specific and deadlines are unforgiving — please speak with a qualified attorney about your own circumstances.
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