Watch Ned Ostenso address small business owner questions.

What are the most important legal steps a business startup needs to take?
What do small business shareholder agreements need to address?
What are some common mistakes you see in employment agreements?
What should a small business owner do to prepare the business for sale?
What advice do you give clients concerning estate administration?
What are the different ways a small business owner can wind down the business?
What are the biggest challenges facing a small business owner who wants to transfer the business to his children or other family members?
What are the biggest challenges facing a small business owner who wants to transfer the business to his children or other family members?


Powerful Ally to Small and Large Companies

At Merrigan, Brandt, Ostenso & Cambre, P.A. we are committed to helping you achieve your business goals. With more than five decades of experience, our attorneys can take on the most complex business legal issues. Whether you are a million-dollar corporation or just getting off the ground, you should feel confident with our attorneys in your corner.

The Importance of an Enforceable Business Contract

We negotiate and draft contracts, including partnership agreements, commercial leases, buy-sell agreements, bills of sale and employment agreements. These agreements are one of the best legal tools to protect your business. However, an agreement must meet certain requirements to be a legal, valid contract. For example, it must have:

Specificity — The contract must cover all of the essential terms negotiated by the parties. This may include cost, payment, timing, amounts and conditions. The contract should also define all key terms, because contracts that are too vague may not be enforceable

Understanding — Contracts are said to require a “meeting of the minds” between the parties. Practically speaking, this means that mistakes or confusion regarding essential terms of the contract may render it unenforceable

Consideration — Each party must provide consideration, which can be anything of value that is provided in exchange for something else. For example, an employee promises to perform certain job functions in exchange for salary payments

Capacity — All parties must have the capacity to understand the consequences of their agreement. Capacity may come into question in contracts with minors, seniors and people suffering from mental impairment because of illness, the influence of alcohol or drugs or other factors. A contract is also unenforceable if one party was coerced into signing it

While it may be tempting to draft a contract without the assistance of an experienced business attorney, it is important to remember that mistakes can lead to unforeseen legal consequences. Contract review by a trusted business attorney can save time and money in the long run.

Litigation is Not the Only Way to Resolve a Business Dispute

We work tirelessly to protect the rights of our business clients in every commercial lawsuit. We commonly handle cases involving breaches of contract, franchise disputes, insurance claims, ownership disagreements, stockholder disputes, business fraud and intellectual property.

However, when you face a business disagreement you don’t have to go to court. In fact, businesses can achieve favorable results by exploring other options, such as mediation and arbitration. In some cases, the agreement between the parties may actually require it.

In mediation, a neutral third party facilitates negotiations between the sides to resolve the issues in dispute. The mediator’s job is to help the parties find common ground rather than to take sides in the dispute. In arbitration, a neutral third party is appointed to resolve the disagreement. Much like a court case, the decision is binding on the parties. Both mediation and arbitration are faster and cheaper than litigation.

In some circumstances, litigation is necessary. In these cases, the parties will proceed through the steps of a business lawsuit, which include pleadings, discovery, trial and appeal. However, the parties may still decide to settle the dispute anytime along the way. In fact, the majority of all cases are resolved prior to trial.

Whether you are a business startup facing a simple contract breach or a corporation embroiled in a complicated shareholder dispute, you can benefit from our:

Unparalleled commitment — Our attorneys work tirelessly to resolve your business lawsuit successfully, either through settlement or trial

Proven track record — If litigation becomes necessary, our trial attorneys have hands-on experience in the courtroom

Protect your Minnetonka Business Today

Merrigan, Brandt, Ostenso & Cambre, P.A. works closely with business owners to help their operations run smoothly. From contract negotiation to commercial litigation, our experienced lawyers are up to the task. Call us today at 952.933.2390 or contact us online to schedule an initial consultation.