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Northern Virginia Legal Blog

Secure your business with a shareholder agreement

You found your corner of the market. You made your dream come true. You built a successful business and you don’t want anything getting in your way. Unfortunately, even the strongest business can be threatened by a shareholder dispute.

Whether you’ve known the shareholder for much of your life or you were two strangers who came together based on this common interest, business is like a marriage: you don’t go into it thinking you’ll eventually move in different directions.


What is an Injunction?

An injunction is an order from the court prohibiting the person or entity from doing an act, continuing the act, or mandating them to perform a specified act.

What do courts look for to grant an Injunction?

The person seeking an injunction, which most of the time is the Plaintiff, must show two things: (1) "irreparable harm" and (2) "lack of an adequate remedy at law", i.e. money damages will not suffice.

Buying a business? What to do (and not do)

Purchasing a business is a huge deal - a decision that should not be taken lightly.

Although buying a business can be an exciting proposition, it should be handled carefully and thoroughly to avoid buyer's remorse.

An introduction to limited liability companies in Virginia

Introducing the Limited Liability Company
The Cross Specie between A Corporation and Partnership

Think of a Limited Liability Company ("LLC") as a hybrid of a corporation, limited partnership and general partnership. It combines the tax advantages and management flexibility of partnerships with the limited liability shield of a corporation. In other words, the LLC is an unincorporated organization governed by contract, the terms of which are typically detailed in a document called the Operating Agreement.

How is business defamation defined?

What does business to business defamation look like? Many are familiar with personal defamatory acts, but how does it play out between corporations? Here are some elements of business defamation and how the state of Virginia categorizes libel and slander.

The Power of Reputation

Defamation lawsuits: The most misunderstood area of the law

Freedom of speech is an integral part of American society and a constitutional right. However, false statements against another individual can lead to a civil defamation lawsuit. Defamation is a blanket term that covers any statement that hurts a person's reputation or good name. Defamation law encompasses more than simply hurt feelings as a result of expressed opinions.

Slander, slander per se or libel?

Who signs on behalf of an entity?

A commonly asked question when an entity is involved with a transaction is; who has authority to sign on behalf of that entity?

Limited Liability Company (LLC)

Two documents are of central importance concerning Limited Liability Companies. The Operating Agreement & Articles of Organization. The Articles of Organization is filed with the State, to establish the LLC. The Operating Agreement governs operations & members' financial and managerial privilege, as well as the managing members of the LLC. The managing member is a signatory with authority to bind the LLC; or sign documents on its behalf. The signature on all documents must discern if they are signing in their individual capacity or on behalf of the LLC.

Do you have candidates in mind for power of attorney agents?

Getting started on your estate plan may have you thinking about how you want your property distributed after death, how your family will get on without you and numerous other aspects that could relate to your demise. However, when creating this type of plan, you may want to remember that it can also prove useful before your death, especially in the event that you become incapacitated.

Incapacitation could happen for a number of reasons. Some causes include mental deterioration, severe illness or serious injuries resulting from an accident. Though most people think of elderly individuals needing round-the-clock care, you could find yourself in this predicament at any age. As a result, you may want to consider appointing a trusted individual to act on your behalf before the need arises.

Earnest Money Deposit (EMD) In A Real Estate Contract

The amount of the EMD should be discussed with your real estate agent. As a seller, this can be an important consideration to prevent a buyer from walking away from the contract. For a buyer, the "good faith" deposit amount confirms to the seller your intent to complete the transaction.

A partnership agreement provides a solid foundation

Slowly but surely, everything is falling into place. You have financing and office space, supplies and inventory. You have a rock-solid business plan, vendors and clients who are eager to get started. You have a partner who promises to be a powerful force who can help to propel your new business into a successful future. However, is it possible that your partner could also be the element that brings your company down?

Studies show that partnerships have a much higher rate of success than sole proprietorships, but there are also more opportunities for deal-breaking disagreements when more than one person is at the helm. Business advocates say the best way to prevent this and to improve the chances that your business will succeed is to have a partnership agreement from the very beginning.

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Moghul Law PLLC

Moghul Law PLLC 8230 Boone Blvd., Suite 210 Vienna, VA 22182 Phone: 571-732-0764 Fax: 866-451-9531 Vienna Law Office Map