Business Law | O'Keeffe O'Brien Lyson Attorneys

Business Law

June 2, 2020

Do Force Majeure Clauses Apply to COVID-19 Circumstances?

As many businesses have been shut down due to the novel coronavirus pandemic, companies have lost revenue, experienced staff shortages, had interruptions in supply chains, and many more difficulties. All of these circumstances can make it challenging or impossible for a company to fulfill its obligations under one or more […]
January 31, 2020

There’s Been a Breach in My Business Contract. ? Now What?

A breach of contract occurs when one of the two parties involved breaks their end of a contract. There are many instances in which this can occur, which is why breach of contract suits are quite common in small claims courts. Continue reading to learn your legal options when a […]
January 13, 2020

What Business Entity is Right for You?

One of the most important decisions that a business owner can make is how to structure the company.  There are different options for business entities, and you should carefully consider each one to determine its possible benefits and drawbacks for your specific business. It is wise to discuss this matter […]
December 11, 2019

Can You Use One-Size Fits All Contracts from the Internet?

Business transactions and agreements are memorialized in contracts. These contracts are legally binding and should have terms that address every aspect of the agreement. These days, many websites offer contracts for sale online, and it can be tempting to use an online contract instead of seeking help from an experienced […]
November 29, 2019

LLC vs. Corporation. Which One is Right for Your Business? ?

There’s a lot to consider when starting a business. While deciding if you will be a Limited Liability Company (LLC) or a corporation (Inc.) may seem complicated, it is a very important decision that will have a significant impact in the future. LLCs are fairly new as they started in […]
September 25, 2019

Legal Considerations for Startups

Starting a new business is an exciting and worthy pursuit, but there’s a lot to it. In fact, there are several important legal considerations you should address before you even consider launching your startup. Working with an experienced Fargo business attorney will help ensure that your new business enterprise is […]
September 17, 2019

Succession Planning for Family-Owned Businesses

An important, but sometimes overlooked, component of an estate plan for family-business owners is a succession plan for the continued management and operation of the business after the owner is no longer involved with the company. Most family-business owners intend for their businesses to survive them and believe their children […]
August 20, 2019

Drafting an Operating Agreement for Your Limited Liability Company ?

Starting a business is an exciting prospect, and you want to ensure you take every necessary step to set the enterprise up for success. If you intend to set up a limited liability company (LLC), the process begins with registering the LLC with the State of North Dakota by filing […]
August 2, 2019

Evaluating Job Applicants With Background Checks in North Dakota ??

When starting a new business, one of the first tasks to get your business up and running is hiring employees. In doing so, you may want to conduct background checks on applicants to prevent any surprises after the applicant is hired. Background checks can be a useful tool in evaluating […]
July 26, 2019

Consider These Legal Issues to Protect Your New Business

The idea is there. The need is there. The building space you’ve been dreaming of is available. You’ve come up with nearly everything to begin the process of starting your own business. Before you get too far into the details of your new business, consider and address some of these […]
July 18, 2019

Does Someone Owe You Money? ? Consider Utilizing Small Claims Court.

Small claims court, also known as conciliation court, is an informal proceeding designed to be a relatively inexpensive and quick process to recover money owed.  Small claims court is generally limited to the recovery of money.  If you are owed an amount less than $15,000, you may consider pursuing your […]
July 5, 2019

Common Business Contracts

Companies enter into contracts during all stages of business. No matter what type of transaction a contract governs, it is critical to review unfavorable terms and confirm that a contract is enforceable under the law. An experienced business lawyer should always draft or review contracts before a business owner signs […]
June 5, 2019

What is Arbitration?

If you have a serious business dispute, taking the matter to court isn’t the only option. In fact, heading to court is often expensive, time-consuming, and unpredictable, and typically should be reserved for those instances when all else fails. As a result, many people consider arbitration as an alternative form […]
May 28, 2019

Getting Your Startup Off the Ground

You have an amazing idea for a startup business, and you’re ready to move. The best way to help ensure that your startup makes it off the ground and continues to soar is to secure the professional legal services of an experienced business attorney and to continue to carefully attend […]
February 28, 2019

Ways to Resolve Breach of Contract

All individuals and businesses enter into various contracts on a regular basis. It is often only a matter of time before another party fails to uphold their end of the agreement or accuses you of failing to perform your part. When a contract dispute arises, you may think that heading […]
February 18, 2019

Buy-Sell Agreements: Unreasonable Restrictions on Alienation

In general, a buy-sell agreement is a contract between the owners of a company and the company which both restricts the transfer of ownership and facilitates the sale of an ownership interest. A buy-sell agreement provides a mechanism for an owner to sell his or her ownership interest in a […]
December 18, 2018

Ownership Issues for a Startup Business

Various issues can always arise when starting a business, especially when ownership and responsibilities are not clearly laid out from the start.  When starting a business, it is crucial to discuss ownership, compensation, and responsibilities.  This can be challenging when a business is first forming and those roles are evolving […]
December 12, 2018

An Introduction to Asset Protection

An asset is defined as, “property owned by a person or company, regarded as having value and available to meet debts, commitments, or legacies.”  As a result of legal liability, assets can be levied upon by creditors.  Protecting assets is not about hiding assets, it is about utilizing options to […]
December 4, 2018

Work Email: Who Owns it?

Generally, employers own work email accounts.  Employers typically own the computer used to access the email, servers, and other data.  Accordingly, emails sent and received on work email accounts are the property of the employer and can generally be monitored by the employer.  Employees should not expect email messages to […]
October 25, 2018

Guidelines for Protecting Proprietary Information

Intellectual property is a crucial part of many businesses.  Protecting this proprietary information is essential.  Proprietary information includes trade secrets, client lists, development plans, marketing plans, and other confidential information.  Although non-competition agreements are almost always void in North Dakota, that is not the only way to protect your business’ […]