Business Services

Before your business is formed or before you invest in a current business, The Law Office of James Tobia, LLC can provide you individual advice regarding your proposed investment in the business, counseling you on the legal effects of your decision to invest and the terms of your investment. The Law Office of James Tobia, LLC can assist you in starting your new business; operating your existing business; and buying or selling your business.

Business Formation

The Law Office of James Tobia, LLC will assist you in the formation of your Delaware business entities, including selecting the proper entity form (Limited Liability Company, corporation or partnership) for your business; drafting comprehensive and personalized formation documents; and creating and implementing appropriate agreements to cover the internal structure of your company and your relationship with business partners or other third-party contracts.  Cutting corners on these things is a recipe for disaster, and future conflict and suffering.

General Counsel Services

Large businesses frequently can afford to hire in-house legal teams to perform their legal needs. But smaller, growing businesses often cannot afford to pay the salary of a full-time general counsel. The Law Office of James Tobia, LLC can provide your business with similar legal services on a variety of creative terms - from a continuing part time general counsel relationship to individual services on an as need basis.  It can be as simple as you don’t want to file a lawsuit quite yet or you are not ready to pull the trigger on some act or transaction and you just need  some consulting to understand the legal implications of your options.

Business Transactions

The Law Office of James Tobia, LLC offers a full-range of business services to its clients. Mr. Tobia counsels small businesses and entrepreneurs across the United States in all areas of business affairs, including:

  • Entity Formation and Reorganization;
  • Amended corporate bylaws and amended operating agreements;
  • Corporate Governance and Corporate resolutions;
  • Contract Drafting and Negotiation;
  • Non-disclosure agreements for employees with sensitive information and non-compete agreements for key employees;
  • Asset Purchases and Sales

Disputes Involving Your Business

If you are in business long enough, you are likely to be sued or threatened with suit. When that happens, you need competent representation. But at that point, it may already be “too late” to best protect your interests. You would be wise to obtain counseling as soon as possible.  You likely will benefit from counsel months or even years earlier, when you first identify that there could be a future problem, to try to help avoid that lawsuit altogether, and/or to position your company for the best outcome should it arise. The Law Office of James Tobia, LLC will apply its experience towards protecting your business from legal consequences, and we will assess options for Alternate Dispute Resolution or old-fashioned negotiation in an effort to avoid litigation, if possible.

Of course, if litigation cannot be avoided, it is not really too late. It is almost never too late to obtain a favorable outcome. If you are being sued or threatened with suit, we can help. The Law Office of James Tobia, LLC represents and advises Delaware corporations, their directors and stockholders in corporate and commercial litigation relating to contracts, business transactions, partner and shareholder disputes, fiduciary duties, mergers and acquisitions, corporate governance, limited partnerships, limited liability companies and other business entities governed by Delaware law and other issues concerning Delaware law.

Unfortunately, you may also encounter customers who go out of business and may file for bankruptcy protection under the United States Bankruptcy Code. Unfortunately, that may result in your business being owed money by the Debtor and/or leave you unsure of your rights or obligations, including contract or lease rights and obligations. You may also receive a demand letter and/or be served with a suit regarding an allegedly preferential payment to your business. That’s right, you may get sued to recover the payments you previously received for work performed on behalf of the bankrupt business, EVEN THOUGH you earned it and may still be owed money for the services or products you provided!  The Law Office of James Tobia, LLC has extensive experience representing businesses as creditors in federal Bankruptcy cases and in Avoidance and Preference actions brought in the United States Bankruptcy Court for the District of Delaware. We can help protect your business from the financial damage of dealing with distressed customers by helping your business navigate the bankruptcy code, the court processes, the resulting economic thereof.

To schedule an initial consultation – email or call the firm’s Wilmington offices directly at (302) 655-5303.

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