“Mr. Poniatowski came highly recommended several years ago when I started my Company, by a friend. It has been one of the best recommendations we could have received. Being a small Company and having issues arise where legal expertise is needed, we trust that Mr. Poniatowski has the professional knowledge and experience to help us navigate through just about anything. I would highly recommend him if someone were to ask me.”
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“Based on a recommendation, I hired Mark for numerous specific matters, and he is now my Attorney. Mark and his colleagues are personable, attentive to detail, and highly responsive. I have great confidence in his experience and that he always has my best interests in mind.”
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Some of the best business partnerships go stale with one wrong move. Close friends become enemies; tight-knit families become distant relatives. This is the risk you take when you go into business with friends or family. However, when you take the right steps upfront, you can minimize the possibility of future disputes. Continue reading
While it may be tempting to create informal agreements about business or real estate transactions with family members, in our experience the minor discomfort of formalizing agreements between family members up front pales in comparison to the damage a souring business deal can do to families who operated “on a handshake” instead of signing legally binding written contracts. Continue reading
As a Bay Area business owner, your business may own commercial real estate and you are aware of the great rewards – and the risks – involved. Hard work and ethical dealings, while necessary, are no guarantee by themselves of the success of your business. This includes the ability to stay current on your commercial real estate mortgage. Continue reading
Purchasing occupied commercial real estate provides you with an immediate source of income, but the inherited tenants can also cause headaches. Disputes with such tenants can lead to messy negotiations or even costly litigation if you fail to handle the situation properly. Prevent problems by:
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Experienced entrepreneurs know that it can be better to purchase an established business instead of starting one from the ground up. The San Francisco Bay Area’s strong economy also makes metropolitan areas like Oakland a smart purchase location. But like any business venture, the purchasing process must undergo strategic steps so that buyers and sellers reach fair, negotiated and intended legal terms at the end of the transaction. The Letter of Intent (LOI), insignificant as it may seem, must be crafted and delivered carefully for the business agreement to continue without mishaps. When it is time to draft a LOI, consult a contracts attorney and consider the following: Continue reading
Being a landlord can have its benefits, but it can also be a trap for the unwary. Failure to know your rights and responsibilities as a landlord can be costly, both in time and money. Here are a few tips to protect yourself and your rental business.
To derive the maximum possible tax-advantaged benefit from a commercial real estate exchange, and properly comply with IRS Section 1031 Exchange timing and paperwork mandates, add an experienced legal advisor to oversee and coordinate the services provided by commercial real estate agents, CPAs and title companies. Continue reading
In the recent case of Wells Fargo Bank, National Association v. Weinberg, the Court set an important precedent that applies to the amendment of judgments to add individual debtors as alter egos of the corporation:
“The doctrine of res judicata1 did not bar the amendment of a judgment to add an alter ego2 as a judgment debtor, even if the issue of alter ego could have been raised earlier, as long as alter ego liability is a separate and distinct claim from the underlying action.”
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