Practice Areas and Legal Definitions

Business Law:
Business law is a broad category that encompasses the rules and requirements for all phases of a business’s life, from its creation, through all of the activities during its life, and finally its termination. The creation of a business includes the decision whether to form the business as a sole proprietorship, a partnership, a limited liability company, a corporation or some other type of entity, or whether to set it up as a nonprofit.

The activities during a business’s life include managing the various relationships that a company might have with its employees, customers, vendors, stockholders, bankers, the government and the public. Businesses also, of course, raise capital, keep records, file business and tax forms, hire employees, market and advertise their goods or services, merge with, acquire and/or sell other businesses, as well as a host of related activities.

Business Contracts:
Business contracts are written documents that embody a wide range of business relationships that occur in the life of a typical company. They can include non-compete agreements, non-piracy agreements, non-disclosure agreements, restrictive covenants, employment agreements, producer agreements, sales representative agreements, consulting agreements, management agreements, franchise agreements, licensing agreements, deferred compensation agreements, independent contractor agreements, employee leasing, "rabbi" trusts and others.

Employment Law:
Employment law is the body of laws, administrative rulings and precedents which address the legal rights of, and restrictions on, workers and their organizations. Employment law mediates many aspects of the relationship between labor unions, employers and employees. Employment law also includes establishing and implementing executive employment agreements, employment benefit arrangements and stock option plans.

Business Litigation:
In the area of business Attorney Brian Finander is committed to handling all of your litigation needs in a prompt and efficient manner. He handles all forms of dispute resolution, including mediation, arbitration and administrative hearings. His business litigation cases range from employment disputes, errors and omissions concerns to unfair competition cases and sales and purchases of businesses. Regardless of your litigation needs, you can be assured that Mr. Finander is committed to serve you in an aggressive, professional manner that sets him apart from other firms.

If you or someone you know in Phoenix or the surrounding Arizona communities needs the assistance of an experienced business litigation attorney, call the Law Office of Brian Finander today at 602-263-4777, or complete the contact form provided on this site to schedule your initial consultation.

Frequently Asked Questions 

The following information includes frequently asked business law questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For more information about your specific case, please contact Attorney Brian Finander at  602-263-4777.

Should I hire a business law attorney?
It's obvious that you should hire a business attorney if you’re being investigated for violation of Federal or State(AZ) regulations or a customer is severely injured by one of your products or on your premises. There are also a lot of not-so-obvious reasons to retain a business law attorney.

For example, are you planning on forming a corporation or partnership? A business law attorney can avert a lot of legal issues that can arise with forming these types of businesses and can advise you on the best business formation for your needs. A business law attorney can also help research any possible intellectual property issues and issues relating to hiring employees, tax issues and other legal matters that can arise with forming and running a business. 

 What do business law lawyers do?
Business law encompasses rules, statutes, codes and regulations that are established which govern commercial relationships and provide a legal framework within which business law attorneys may help you conduct and manage your business.

Business law attorneys help you with every aspect of highly diverse business law including areas such as: banking and finance law, business formation and organization, business negotiations, business planning, transactional business law, acquisitions, mergers, divestiture and sale of businesses and business litigation, as well as environmental, intellectual property, labor and civil law areas. 

 What are some of the most common types of business organizations?
The most common types of business organizations include: 

• Sole Proprietorship - you are the only owner of the business.
• Partnership - which can take the form of a general partnership, limited partnership or limited liability partnership.
• Corporation - the default form of a corporation is a C Corporation (also known as Subchapter C Corporation). Smaller corporations typically file for the S Corporation (Subchapter S) tax election so they are not double taxed.
• Limited Liability Company (LLC) - a hybrid formation that provides personal liability protection similar to a corporation, with the flexibility and tax advantages of a single proprietorship or partnership.

What is business litigation?
Business litigation involves business people representing a variety of industries on local, state and federal levels in matters pertaining to such diverse areas as:

• Business Torts: including commercial defamation; trade dress, patent or trademark infringement (including Lanham Act suits); interference with contractual or economic relations; breach of fiduciary duty; fraud and misrepresentation; unfair and deceptive trade practices and other conduct or claims that affect the success of a business.
• Contracts: such as a service contract with a primary vendor, an output contract with a key supplier, a sales contract with an important customer or any other kind of written or oral agreement.
• Professional Malpractice: accountants, architects, engineers, doctors and lawyers all face the risk of malpractice claims that can jeopardize business, reputation and finances.
• International Business issues, especially in Europe, Canada or Australia.
  
• Shareholder and Corporate Governance: shareholder inspection rights, duties of directors and officers, conflicts of interest, derivative actions, business judgment rule defenses, change of control provisions, dissent and appraisal proceedings, involuntary and judicial dissolution, minority shareholder rights and claims and valuation of closely held corporations.
• Telecommunications: technical and industry-specific issues, including issues arising out of the Telecommunications Act of 1996.

Many of my business transactions do not justify significant legal expense or are in an environment in which formal contracts would turn off the other side. How do I protect myself in these situations? 
An  attorney should provide clients with various types of documentation responsive to the environment within which the client is operating. When a client has repetitive types of activities, the attorney should develop a form contract that the client can use for subsequent similar situations so that the cost of the contract can be amortized over a number of transactions. In situations where formal contracts are inappropriate, the attorney should work with the client to develop simplified plain English letter agreements that are enforceable but not intimidating. In each case, the approach must be to recognize the business framework within which the contract is being developed and to provide a contract which matches that framework and is still as enforceable as possible for the benefit of the client. 

Professional Profile

Brian places top priority on representing his clients vigorously and ethically to achieve the best results possible. His firm provides an atmosphere where clients can feel completely comfortable, knowing they are in the capable hands of an experienced business attorney.

Please call the Law Office of Brian Finander toll free today at 602-263-4777, or complete the contact form provided on this site to schedule your initial consultation.

FIRM ADDRESS:
Law Office of Brian Finander
3131 East Camelback Road., Ste. 200
Phoenix, AZ 85016
Telephone: 602-263-4777

Personal:

• Southwestern University School of Law, J.D., honors, 1979
  • Winner of First Special Achievement Award, International Law
• Dalhousie University(Canada), graduate international law studies, 1977-1980
• State University of New York at Buffalo, 1974,B.A.
  • New York State Regents Scholarship Winner

COURTS ADMITTED:

• All Arizona Courts, 1983
• U.S. Federal Court of Appeals, 9th Circuit(All Western States), 1984
• U.S. Federal District Court, District of Arizona, 1998 

PROFESSIONAL MEMBERSHIPS:

• Arizona State Bar Association
• American Bar Association
• Association of Trial Lawyers of America