At the law office of Rainey & Phillips, our emphasis is assisting individuals as well as small to mid size businesses with commercial real estate and business law issues. As an experienced Georgia Business Law Attorney, I have established and maintained a record of aggressive and efficient representation for businesses and corporations in a wide array of business-related matters. I have the experience, knowledge and staffing to effectively and successfully serve the needs of clients throughout the State of Georgia.

My business law firm offers more than 27 years of legal experience and handles the following issues:

• Real estate broker representation
• Business litigation (breach of contract and other litigation)
• Business formation and advice (contract issues, incorporating or LLC formation documents, general formation advice)
• Commercial Real Estate
• Commercial Lease Issues
• Development of commercial leases

In matters relating to business law or corporate law, my years of litigation experience enables me to recognize the pitfalls that often lead to litigation. Because business litigation can be costly and time consuming, I address each assignment early on with an eye toward avoiding it. When litigation is unavoidable, I am well suited to handle any type of business litigation throughout the State of Georgia. I have tried hundreds of cases in both state and federal court, focusing my practice on businesses and corporations. My familiarity with the courtroom, as well as court rules and procedures, has earned the respect of the Judges before I regularly appear, as well as the lawyers with and against whom I have tried cases.

As an experienced Georgia commercial real estate lawyer, I assist clients with reviewing, developing, and negotiating individualized and standard form commercial leases. When necessary, I ensure that provisions address required insurance issues, HVAC, parking, noise, and other important elements. 

My firm also represents real estate brokers involved in disputes arising from unpaid commission, breach of commission agreement, general breach of contract, and other issues involving the broker's rights. Additionally, I am a strong advocate of brokers' rights and work diligently to preserve them; i.e. by assisting brokers with the negotiation of the initial agreement, etc.

If you or someone you know needs the skilled legal counsel of an experienced Marietta, Georgia Business Law Attorney, call Perry A. Phillips today at 866-435-1659, or use the contact form provided on this site to arrange for your initial consulation. Services are available for Spanish speaking clientele. Please note: The law firm of Rainey and Phillips is an association and not a partnership.

Practice Areas and Legal Definitions

Real estate financing and transactional services:
Typically, as they expand, growing businesses become more and more involved in real estate transactions, ranging from office space to retail store properties to warehouses and shopping mall syndication.  A qualified business lawyer can provide valuable assistance in traditional real estate purchase, sale and leasing transactions, and in dealing with environmental and various other issues arising out of industrial and agricultural redevelopment projects.

Business contracts:
Business contracts are written agreements spanning a broad range of the 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 and independent contractor agreements.

Franchises and other types of business marketing:
A great many small businesses in the marketplace today are operated not as purely independent businesses, but as franchises, distributorships, or any of various types of licensing arrangements.  All of these businesses are created through written agreements containing express and implied warranties, and it is not uncommon for issues to arise resulting in litigation.

Licensing and commercial contracts:
Business services attorneys counsel clients in a wide range of commercial and intellectual property (IP) transactions. They provide assistance in structuring, drafting, reviewing and negotiating commercial and IP agreements related to the development, acquisition and commercialization of technology, IP, goods or services. The types of agreements involved in these transactions include:

• Software license, maintenance and support, source code escrow, end user license, patent and other technology license agreements
• Development agreements
• Purchase and supply agreements
• Manufacturing agreements
• Distribution, reseller, value-added reseller (VAR) and original equipment manufacturer (OEM) agreements
• Referral, marketing agreements
• Employment, consulting, technical services and outsourcing agreements
• Joint venture, strategic partner, technology transfer agreements
• E-commerce and Internet-related agreements (including web-based hosting agreements, application service provider (ASP) agreements, web site development, privacy policies and website terms of use)
• Non-disclosure agreements

Sales Commission Disputes:
In avoiding sales commission litigation there is no substitute for an artfully drafted agreement spelling out precisely how and at what rate sales representatives are to receive commissions. Common usage and custom are also taken into consideration by courts in determining the issues, even where there is a written agreement.

Litigation and dispute resolution:
Commercial disputes often become legal disputes, the resolution of which typically proceeds along an escalating scale of confrontation ranging from informal settlement negotiation to hardball litigation.  An effective business litigation attorney must have complete mastery of this complex and challenging field of law, but more than that, he or she must also have the patience and personal skills to operate on an informal level, and the aggressive forensic ability and tenacity to claim victory in the courtroom.

Contract Remedies:
Contracts are the very stuff upon which the marketplace is founded, and they provide the basis for a large share of business litigation.  The remedies for breach of contract include money damages and injunctive relief expressly directing one of the parties to perform a contractual obligation. This remedy involves a form of injunction called a “specific performance” decree.  The remedy of specific performance is often called an “extraordinary” equitable remedy, in that courts will not grant specific performance except in a sharply limited number of circumstances. Punitive damages are not an available remedy in a contract lawsuit.

Business Litigation:
Business litigation is the area of law that provides assistance in the preparation and presentation of a lawsuit or other resort to the courts to determine a legal question or matter in business situations.  Business can be any activity or enterprise entered into for profit, usually a company, a corporation, partnership or any such formal organization. Business lawyers advise and represent businesses and financial institutions in such areas as business torts, class actions, complex contracts, financial forensics, government investigations, international dispute resolution, professional relations, real estate disputes, securities and antitrust, technology and intellectual property, professional malpractice, shareholder and corporate governance and telecommunications.

Business lawyers place an emphasis on achieving or defending against pre-judgment remedies, including pre-judgment orders for writs of possession, attachments, temporary restraining orders, and injunctions, as well as arbitration or mediation settlements and monetary compensation resulting from lawsuits. Transactional business lawyers represent clients in matters relating to, but not limited to, organizational, operational and contractual documents for corporations, partnerships and limited liability companies, commercial transactions, mergers, real estate acquisitions, leasing and development and commercial financing.

Business Formation:
There really isn’t any need for legal counsel in forming a sole proprietorship, but other forms of business organization are a good deal more complicated and are best accomplished with the assistance of a lawyer. These include the formation of partnerships, limited liability companies and corporations.

Business and Corporate Services:
Business and corporate services involves advising companies and investors in the purchase, sale and mergers of businesses.  The services provided include forming and funding start-up companies, buying and selling practices, assets, divisions and companies, engaging in private stock offerings and re-sales, structuring venture capital financing, forming off-shore sales and sourcing entities, structuring commercial and partnering transactions and syndicating real property acquisitions.

If you or someone you know needs the skilled legal counsel of an experienced Marietta, Georgia Business Law Attorney, call Perry A. Phillips today at 866-435-1659, or use the contact form provided on this site to arrange for your initial consulation. Services are available for Spanish speaking clientele.  Please note: The law firm of Rainey and Phillips is an association and not a partnership.

Professional Profile

If you or someone you know needs the skilled legal counsel of an experienced Marietta, Georgia Business Law Attorney, call Perry A. Phillips today at 866-435-1659, or use the contact form provided on this site to arrange for your initial consulation.  Services are available for Spanish speaking clientele.  Please note: The law firm of Rainey and Phillips is an association and not a partnership.  

FIRM ADDRESS:
Rainey & Phillips
358 Roswell Street, Suite 1130
Marietta, GA 30060
Phone: 866-435-1659
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Perry A. Phillips

Practice Areas: Real Estate; Real Estate Litigation; Telecommunications; Health Care; Business Law; Contracts; Business Litigation; Corporate Litigation; Commercial Transactions.

Admitted: 1979, Georgia

Law School: Walter F. George School of Law, Mercer University, J.D., 1979

College: Georgia State University, B.A., 1976

Member: Atlanta, Cobb County and American Bar Associations; State Bar of Georgia.

Biography: Phi Alpha Delta. Member, Mercer Law Review, 1977-1979. Arbitrator, Fulton Superior Court, 1988-.