Unfortunately, as business owners, we are often at the mercy of and reliant upon numerous others – competitors in the market, supliers, vendors, contractors, and employees – who do not always conduct themselves in a fair and prudent manner. If your business has suffered a loss or financial harm as a result of the unfair or unreasonable conduct of another, then litigation may be required, as either a first or last resort. Regardless of how keen our foresight and vigilent our efforts, the market, competition, government regulations and other forces, even forces of nature, can cause unanticipated situations – dynamics between your business and another with which you transact, between your company and its suppliers, vendors, contractors or employees – where legal action becomes necessary. We have handled numerous types of corporate litigation/trial matters in and around Morgantown, WV, including shareholder actions for breach of fiduciary duties or corporate malfeasance, allegations of unfair competition, intellectual property violations, interfering with a contract or business relationship, violating a non-compete agreement, and actions alleging deliberate or negligent conduct by a business resulting in financial harm as well as actions against corporations alleging personal injury (premises liability, employment claims, product liability claims, and contract claims). If your business is faced with potential or imminent legal action, consult with Adams Legal Group to evaluate your plan of action and legal rights.
Organization of your business in West Virginia
When preparing corporate organizational documents in West Virginia — Articles of Incorporation, Operating Agreements, Bylaws, Company and Employment Policies, or Partnership Agreements, it is crucial to consult with an attorney to ensure that your documents conform with current WV state law in form and substance. As part of a company’s due diligence for particular undertakings and transactions, it is critical to consult with an attorney to properly assess all applicable laws and potential legal implications.
Contracts of employment between an individual and a business, or subcontract agreements should be reviewed by an attorney. If you are hiring employees or subcontractors, you will want to define the relationship in a way that is favorable to you and best preserves your legal rights; alternatively, as an employee/subcontractor, you should have an attorney look over the agreement which is typically drafted by the attorney for the company for which you will be working and is not usually drafted in such a way to look out for your best interests. As a business with employees, it is important to obtain legal insight when drafting employee handbooks and guidelines, non-compete and non-solicitation agreements, employment or sub-contractor agreements – these forms of contract must be legally enforceable and should contemplate all legal implications under WV state law, relative to the relationship you are creating and defining in the document.
When negotiating contracts and agreements, it is critical to not only look at your business needs and goals pertinent to the subject transaction, but to also evaluate the legal implications, peculiar WV State laws and case law, your business and legal needs, risks and alternatives. We can help you evaluate these legal implications, risks and alternatives and work with you to obtain contracts and agreements that address your legal needs while furthering your overall business objectives. If you are entering into a contract that another party drafted, be sure to consult with us to ensure that the terms are fair and in your best interest. We can help you with franchising, operation, leasing, supply and distribution, sales, assets- or product-purchase agreements, among others.
Homeowners & Property Owners Associations (POAs) in WV
If you are a homeowner in a subdivision that is part of a POA (property owners’ association), or if you are a representative of a POA and you need assistance with liens for assessments, due diligence on finances or other projects, call us today to learn how we can help you. Attorney William Adams was instrumental in helping one Morgantown, WV POA obtain an urban hunting permit through establishing appropriate and extensive due diligence as well as weeding through the required legal procedures. Additionally, we have experience in WV in the assessment of liens and actions and all matters of governance related to conducting the business of a property owners association.