Corporate Governance / General Counsel Services

Many businesses do not have a full-time lawyer on board to help them navigate on-going legal issues or disputes that every organization faces at one time or another. Richard H. Poulson, an Alameda County business attorney, can serve as your firm’s general counsel on an “as needed” basis and, if necessary, serve as your business litigation lawyer in Alameda, San Francisco, Contra Costa, or any Bay Area county. With statutory regulations coming in all forms and sizes, from the California Consumer Privacy Act (“CCPA) to the federal Children’s Online Privacy Protection Act (“COPPA”), businesses of all sizes are often required to adhere to a myriad of confusing and vague regulations or face oppressive penalties and even lawsuits despite good faith attempts at compliance.

In addition to compliance issues, businesses often need an attorney simply to maintain the organization’s legal structure. Whether starting up the business or winding it down, failure to maintain the proper corporate records and to hold annual meetings can provide opportunistic opponents with an opening to “pierce the corporate veil” and expose a business owner’s personal assets to risk. Shares must be carefully tracked and different agreements, such as “buy-sell” agreements or indemnification agreements, must be maintained and updated as needed. Accordingly, adherence to California’s Corporation Code, the Revised Uniform Limited Liability Act, and/or the Revised Partnership Act is essential to avoid unnecessary disputes or litigation. Compliance with these relevant California statutes allow a business owner to maintain this liability protection against personal asset claims and help ensure the business’s smooth operation.

A business attorney acquainted with your organization is also beneficial when winding up. Oftentimes a business dissolution agreement is preferred in order to assign any rights and liabilities and receivables. As a business lawyer in Alameda County, Richard H. Poulson can partner with you to ensure that any on-going business is wrapped up in an orderly fashion, and that any the company’s receivables and debts are properly distributed according to the terms of the dissolution.

Moreover, the preparation of corporate governance documents, such as internal by-laws, help define the duties of shareholders and officers, thus limiting conflict among those operating the business. Ensuring that third party contracts, such as confidentiality or non-disclosure agreements or licensing agreements, are comprehensive and enforceable is another service that we can provide. We can work with you to ensure that your professional service agreements with independent contractors protect your business from violations of California’s sweeping legislation regarding employee-employer relations. We also emphasize a proactive approach that mitigates the client’s risks and eliminates issues that could lead to unnecessary disputes or lawsuits with a goal, if possible, of resolving them early and economically. Furthermore, there may be occasions where a business owner needs legal counsel before embarking on a particular development or potential engagement. Richard Poulson, an experienced Alameda County business litigation attorney, can give you guidance and insight on a variety of matters like these, providing a legal perspective familiar with your particular organization.