Business Law & Entrepreneurship Consultation

Your Trusted Legal Partner for Business Success

At Beinhaker Law, we understand that entrepreneurs and business owners require ongoing legal support. However, hiring a full-time, in-house attorney may not always be practical or cost-effective. That’s why we provide comprehensive business consulting services to startups, small businesses, and established companies in New Jersey and New York.

Navigating legal complexities can be overwhelming. Whether you’re starting a new venture, managing daily operations, negotiating contracts, ensuring compliance, or preparing for business growth, our firm offers tailored legal solutions designed to protect your business and help you succeed.

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New Jersey and New York Business Lawyers

Comprehensive Business Consulting Services

Our firm provides a wide range of legal and business consulting services to help companies minimize risk, maintain compliance, and position themselves for long-term success. We assist businesses with business formation and structuring, contract drafting and negotiation, business planning and strategy development, employment law and HR policies, regulatory compliance and risk management, business transactions and negotiations, intellectual property protection, dispute resolution and litigation support, and general counsel services for small businesses.

1. Business Formation and Structuring

Choosing the Right Business Structure

Selecting the right legal entity is one of the most important decisions you will make for your business. The structure you choose affects liability protection, tax obligations, management flexibility, and compliance requirements.

Our firm advises clients on selecting the most appropriate entity based on their business model, industry, and long-term goals. We assist with the formation of limited liability companies (LLCs) for liability protection and flexible tax options, corporations (C-Corp and S-Corp) for businesses seeking investors or issuing stock, partnerships and joint ventures for companies with multiple owners, and sole proprietorships for individual entrepreneurs.

Drafting Operating Agreements and By-Laws

A well-drafted operating agreement or set of corporate by-laws ensures that ownership rights, management structures, and operational procedures are clearly defined. We assist businesses in drafting and reviewing operating agreements for LLCs, shareholder agreements for corporations, and partnership agreements for joint ventures.

Ensuring State and Federal Compliance

Proper business registration is essential to operate legally in New Jersey and New York. Our firm ensures compliance by handling business entity formation and registration, obtaining employer identification numbers (EINs), and securing necessary licenses and permits.

2. Contract Drafting, Review, and Negotiation

The Importance of Well-Drafted Contracts

Contracts form the backbone of any business, ensuring legal protection, financial security, and operational efficiency. Poorly drafted contracts can lead to costly disputes and liabilities.

Types of Business Contracts We Draft and Review

We provide comprehensive contract drafting, review, and negotiation services, including non-disclosure agreements to protect confidential information, non-compete and non-solicitation agreements to prevent former employees from taking clients or trade secrets, employment and independent contractor agreements to define roles and responsibilities, service agreements for vendor and contractor relationships, and partnership and shareholder agreements to outline financial obligations and decision-making processes.

Contract Negotiation and Dispute Avoidance

We ensure that all agreements are legally sound, enforceable, and aligned with your business goals. We also represent our clients in contract negotiations to secure favorable terms and prevent potential disputes.

3. Business Planning and Strategy Development

Strategic Business Planning for Growth

A well-structured business plan is essential for guiding decision-making, securing investments, and ensuring financial stability. Our legal team helps businesses define short-term and long-term objectives, develop market entry and expansion strategies, and structure internal operations for efficiency.

Investment and Fundraising Guidance

Raising capital requires careful legal structuring to attract investors while protecting your interests. We assist with drafting investor agreements, advising on venture capital and private equity deals, and structuring equity and debt financing agreements.

Risk Management and Legal Compliance

Every business faces legal risks. We help identify, assess, and mitigate these risks through proactive legal strategies.

4. Employment Law and HR Policies

Legal Compliance for Hiring and Managing Employees

Employment laws in New Jersey and New York are complex and constantly evolving. Our firm helps businesses stay compliant with wage and hour regulations, anti-discrimination and harassment laws, and employee classification requirements.

Drafting Employee Handbooks and Workplace Policies

A comprehensive employee handbook protects both employees and employers by outlining clear workplace policies. We assist businesses in developing code of conduct policies, disciplinary procedures, and benefits and leave policies.

5. Regulatory Compliance and Risk Management

Keeping Your Business Legally Compliant

Regulatory requirements are constantly evolving, and businesses must stay ahead of the curve to avoid penalties, lawsuits, or operational disruptions. Whether you are in healthcare, finance, technology, retail, or another industry, compliance with federal, state, and local laws is critical to maintaining credibility and avoiding costly consequences.

Our firm helps businesses stay informed and compliant with changing regulations through comprehensive legal guidance. We analyze your business structure and operations to ensure compliance with all applicable laws, reducing the risk of regulatory fines and legal disputes.

Internal Audits and Risk Assessments

Conducting internal audits and risk assessments is essential for identifying potential compliance issues before they become major legal problems. We assist businesses in developing and implementing compliance programs tailored to industry-specific regulations. Our legal team performs risk assessments that evaluate corporate policies, employment practices, financial structures, and contractual obligations to identify vulnerabilities and mitigate potential liabilities.

Business Licensing and Permitting

A failure to obtain the necessary licenses and permits can halt business operations or result in legal penalties. We assist businesses in securing the required state and federal licenses and staying compliant with permit renewal deadlines. Whether you need a professional license, industry-specific certification, or local business registration, we guide you through the application process and regulatory requirements.

IRS Dispute Resolution and Settlement Options

At Beinhaker Law, we specialize in IRS dispute resolution and work to protect our clients from excessive tax liabilities. Some of the key methods we use to resolve tax disputes include:

Offers in Compromise

A negotiated settlement that allows taxpayers to settle outstanding tax debt for less than the full amount owed, helping to reduce financial burdens.

Installment Agreements

Structured payment plans that allow taxpayers to pay their overdue taxes in manageable monthly installments, preventing further penalties and interest accrual.

Penalty Abatement Negotiations

Assistance in reducing or eliminating IRS-imposed penalties by demonstrating reasonable cause or extenuating circumstances.

6. Business Transactions and Negotiations

Legal Support for Buying, Selling, and Expanding Businesses

Business transactions involve complex legal and financial considerations. Whether you are purchasing, selling, or merging a company, every step of the process must be carefully structured to protect your interests. Our firm provides legal guidance for mergers, acquisitions, business sales, and investment transactions, ensuring that all parties adhere to contractual agreements and regulatory requirements.

Due Diligence and Financial Structuring

Before entering into a business transaction, a thorough due diligence process is essential. Our legal team conducts in-depth due diligence to uncover potential legal, financial, and operational risks. We analyze financial records, contracts, intellectual property rights, employment agreements, and existing litigation issues to provide a complete risk assessment before finalizing any deal.

Business Purchase and Sale Agreements

Drafting and reviewing purchase and sale agreements is a crucial aspect of business transactions. We ensure that all terms are legally sound, including asset valuations, payment structures, liability protections, and warranties. Whether you are selling your company or acquiring a competitor, we negotiate favorable contract terms that align with your business objectives.

Contract Negotiation and Closing Procedures

Negotiating business deals requires a deep understanding of corporate law and financial strategy. We represent clients in high-stakes negotiations with investors, buyers, and business partners to secure agreements that protect your financial interests. From negotiating partnership buyouts to structuring joint ventures, we provide legal oversight throughout the transaction to ensure a smooth closing process.

7. Dispute Resolution and Litigation Support

Avoiding and Resolving Legal Disputes

Disputes can arise in any business, whether due to contract disagreements, regulatory violations, or internal conflicts between business partners. We focus on proactive dispute resolution by helping businesses implement clear contracts, enforceable policies, and risk mitigation strategies to prevent legal conflicts before they escalate.

Contract Disputes and Breach of Agreement Cases

Contractual disputes can be damaging to a business’s financial stability and reputation. Whether you are dealing with a breach of contract, misrepresentation, or an unfair agreement, we provide legal representation to resolve contract disputes.

8. General Counsel Services for Small Businesses

Ongoing Legal Support Without the Overhead

Many small businesses require ongoing legal assistance but do not have the resources to maintain an in-house legal department. Our general counsel services provide businesses with affordable access to legal guidance on a retainer basis.

On-Demand Legal Consultations

Running a business involves making daily decisions with legal implications. We offer on-demand legal support, allowing business owners to consult with experienced attorneys when needed. Whether you have a question about contract terms, compliance obligations, or regulatory changes, our team provides timely legal advice.

Proactive Compliance Monitoring

Staying compliant with industry regulations requires continuous monitoring and updates. Our general counsel services include regular legal check-ups, ensuring that your business remains in good standing with federal and state laws.

Contract Management and Risk Mitigation

Businesses rely on contracts for partnerships, vendor relationships, and employment agreements. We assist with drafting, reviewing, and managing contracts to prevent legal disputes and ensure favorable terms. Our proactive risk mitigation strategies help businesses anticipate and address legal challenges before they become liabilities.

Why Choose Beinhaker Law for Business Legal Consulting?

Industry Experience and Personalized Legal Solutions

Our firm has extensive experience working with a diverse range of businesses, including startups, tech firms, professional service providers, retail companies, and corporate enterprises. We take a customized approach, ensuring that our legal strategies align with your specific business needs.

Cost-Effective Legal Services

Hiring a full-time in-house attorney can be expensive. Our firm provides high-quality legal support at a fraction of the cost, offering businesses the flexibility to receive expert guidance without the overhead of a dedicated legal department.

Strategic Business Insight and Risk Management

Beyond compliance, we help businesses develop strategies for growth, minimize risks, and prepare for long-term success. Our legal solutions are designed to protect your company while supporting its expansion and profitability.

Frequently Asked Questions (FAQ)

What types of businesses do you work with?

Beinhaker Law works with a wide range of businesses, including startups, small businesses, tech companies, professional service firms, retail establishments, and corporate enterprises. Whether you are launching a new company, expanding operations, or dealing with legal disputes, our firm provides customized legal solutions tailored to your industry.

Do I need an attorney to start a business in New Jersey or New York?

While it is not legally required to hire an attorney to start a business, having professional legal guidance ensures that you select the right business structure, draft the necessary agreements, and comply with state and federal regulations. Our firm assists with business formation, contract drafting, licensing, and compliance to help you start your business on a solid foundation.

What is the best business structure for my company?

The best business structure depends on your specific needs, including liability protection, tax considerations, management flexibility, and future growth plans. Common options include LLCs for flexible management and liability protection, corporations (C-Corp or S-Corp) for businesses seeking investors or issuing stock, partnerships for multiple owners sharing responsibilities, and sole proprietorships for individual entrepreneurs with minimal risk exposure. We provide strategic legal advice to help you choose the best structure for your business.

How can an attorney help with contracts and agreements?

A well-drafted contract protects your business from legal disputes and financial losses. Our firm ensures that all agreements are legally sound, enforceable, and aligned with your business goals. We draft, review, and negotiate various contracts, including service agreements, partnership agreements, non-disclosure agreements (NDAs), employment contracts, and vendor agreements.

What legal protections should I have in place as a small business owner?

Every business should have legally binding contracts, employment agreements, an operating agreement or corporate by-laws, and compliance policies to protect its interests. Additionally, intellectual property protection, non-compete agreements, and well-defined workplace policies help safeguard business assets and reduce legal risks. We help businesses implement strong legal protections to prevent disputes and ensure long-term stability.

Contact Beinhaker Law Today

Beinhaker Law is dedicated to helping businesses in New Jersey and New York succeed with expert legal guidance. Whether you need business formation assistance, contract negotiation, compliance support, or ongoing legal counsel, we are here to help.

Call us today to schedule a consultation or email us to learn more about how we can support your business.

WHAT OUR CLIENTS SAY

Excellent attorney!

Excellent attorney! Mitch is not only competent and easy to work with, but is also warm and compassionate. Mitch has vast knowledge and understanding of business law and came through when we needed him most. Highly recommend - one of the BEST around!

Dianna K

My wife and I both own small businesses which require periodic legal help and advice. Mitch and his firm have been there for us every step of the way. From contracts to legal disputes, Beinhaker Law has been a terrific resource.

Ron Potesky

Mitchell methodically led me through the legal and bureaucratic tangle of selling a property. He kept me informed as the process proceeded and made sure I knew what needed to be done on my part. I will be working with him again on other legal matters.

Tony Gruenewald

Mitch helped me negotiate a commercial lease and I was extremely happy with the results. He was extremely responsive, understood my needs, but also built a good rapport with the other side. I would highly recommend his services.

Victor Liu

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Business Law & Entrepreneurship FAQ'S

Do I need a lawyer for my business?

As the owner and operator of a small business, you are responsible for adhering to all federal, state and local laws that affect your company. Some are general to business, others are state specific, and still others vary from industry to industry. Your state and federal government has rules, but so do the towns in which you operate. And you may be subject to licensing requirements and professional requirements as well. The cost and risk to your business is too great to try and figure all this out on your own. And don’t just do it on an “ad hoc” basis. Find an attorney in your area, with several decades of business law experience and create an on-going relationship. So you can get to know him and, more importantly, he can get to know you and your business. Too many people seek out an attorney when a particular problem has already shown its “ugly head.”

What’s the most common mistake business owners make?

The most common and broad mistake that owners make is failing to put things in writing. From operating/partner agreements to business plans and contracts with customers, too many small businesses operate on a handshake. This is a very dangerous way to conduct business and almost always leads to problems involving increased cost and loss in the future.

Do I really need a business plan?

Absolutely, yes! Does it have to be 50+ pages with charts, graphs and 20 years of financial projections? No. But you need a “road map” to guide you through planning, starting and growing your business. It can start small, even one page. You can address the four basic areas at the beginning: (1) company and product, (2) people and skills needed, (3) marketing and your marketplace, (4) along with 3-5 years of financial projections. Contact our office for a free business plan template or you can find many online.

What are the important parts of any contract?

As we see it, there are really two halves to the “whole” of a contract. There’s the half that details what the arrangement is and how you are going to conduct business. The second half, and most often overlooked by lay people and untrained professionals, is the part that sets the rules in case of a dispute, disagreement, misunderstanding, or interest in terminating the arrangement. Without those rules (and they can vary from situation to situation depending on what the parties agree to up front), things can get very messy resulting in tremendous cost, lost friendships, animosity, damage to the business, etc…

What are the basic steps to starting any new business?

As I am sure you can imagine, steps to starting a business can vary greatly as you get into the details of your operation, but from the outset the basic steps are the same. 1. Write a basic business plan, laying out your idea and allowing you to research its viability. 2. If you think the idea can work, form an entity (either an LLC or a corporation) to protect yourself from personal liability. 3. If you have partners, create an operating agreement to set the rules for running the business. 4. Determine if there are any legal requirements (local, state or otherwise) for operating the business. These should all be addressed with the help of a competent business attorney.

What is the difference between and LLC and a corporation?

The main difference between an LLC (limited liability company) and a corporation is that an LLC is owned by one or more individuals, and a corporation is owned by its shareholders. No matter which entity you choose, both offer big benefits for you and your business. Incorporating as either type allows you to establish credibility and professionalism. It also provides limited liability protection. Consult with a competent business attorney and accountant both of whom can guide you along the way. Avoid “do it yourself” services like LegalZoom or RocketLawyer.

What is the difference between a “C” corporation and an “S” corporation?

The C corporation is the standard (or default) corporation under IRS rules. The S corporation is a corporation that has elected a special tax status with the IRS and therefore has some tax advantages. Both business structures get their names from the parts of the Internal Revenue Code that they are taxed under. A good business accountant can help guide you through the proper choice. (As an aside, an LLC can choose S corporation status, which may give you the “best of both worlds”.)

Is there a difference between an Entrepreneur and a Small Business Owner?

Today, the term “entrepreneur” is used almost interchangeably with small business owners. But in most professionals’ opinions (attorneys, accountants, business writers), there is a difference. While an entrepreneur is always a business owner, the reverse is not always the case. Entrepreneurs tend to take more risks and focus on bigger and bolder goals and objectives. An entrepreneur might start the business with the objective of building and ultimately selling the business. Many small business owners operate from day to day to support their lifestyle with no focus on the sale, or at least not until later in life. This becomes problematic if you don’t have the financial and other records to demonstrate the value of the business. Many owners have attempted to minimize taxes, thus showing minimal profit and low value. It then becomes hard to convince a potential buyer to pay a high price for the company.