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Business Law FAQs

Your Business Law Questions Answered by a Knowledgeable Bay Area Legal Team

Garcia & Gurney A Law Corporation is committed to providing clients with exceptional legal service at all times. We realize that the law can be complex and difficult to understand. We offer our clients personalized counsel and can explain the law to you in an easily understandable manner. For your convenience, we have compiled the following frequently asked questions and answers:

What type of business formation should I choose?

Many types of business formations may be appropriate for you, depending on your situation. Small business owners who are just starting out may want to form a sole proprietorship — a model that makes no distinction between the actual business and you as an owner. If you have one or more partners, you may want to start some form of partnership. Larger companies usually form corporations, and licensed lawyers, architects and public accountants typically form limited liability partnerships. A business law attorney at Garcia & Gurney A Law Corporation can review your circumstances and advise you as to which entity you should choose.

Does California allow a covenant not to compete for businesses?

California does not allow non-compete agreements except in very limited circumstances. If you want to protect your trade secrets, you must rely on a non-disclosure agreement instead. A non-disclosure agreement prevents an employee from disclosing confidential information about your business after he or she leaves your company or is terminated.

What is the difference between mediation and arbitration?

If you are facing a business dispute, you should consult with a skilled attorney before taking legal action. Mediation and arbitration are alternative dispute resolution methods that can help a business settle a dispute without litigation. In mediation, a neutral third party or mediator helps the opposing parties come to a mutual agreement. Mediation is often favored because it is cost-effective and quick.

Arbitration is similar to mediation in that a neutral third party (or arbitrator) is brought in to resolve the dispute. However, arbitration is more formal than mediation and the decision of the arbitrator is final. Also, arbitration meetings are usually conducted before a panel of three arbitrators.

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Comprehensive business law support for clients in California

Starting a business can be exciting. But, without the advice of a knowledgeable attorney, it can also be daunting and risky. At Garcia & Gurney A Law Corporation, we are proud to offer unrivaled legal counsel to business owners and budding entrepreneurs alike. For help with a labor, employment or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.

Client Testimonials
  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

  • "Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."

  • "Highly recommend! "

  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

  • "Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"

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