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Business Planning

Corporate Lawyer in Virginia

Also Serving Washington, D.C. 

Entrepreneurs, small businesses, and larger corporations alike work with attorneys to handle litigation and ensure compliance with local rules and regulations. From how you structure and manage your company to how efficiently you resolve intellectual property issues, everything contributes to your long-term success. 

With so many statutes and codes to keep up with, it can be difficult to run a business — that’s where the business attorneys at J.S. Burton come in. Whether you need assistance with starting your business, understanding tax laws, handling succession, or litigating a dispute, we can help you. We opened our doors in 2005 and have been serving business owners and entrepreneurs ever since. 

To schedule a consultation with our Virginia business lawyers, call us at (888) 885-9001 or send us your availability via our contact form.

Business Law Services in Virginia Beach

It’s getting more expensive to run a business. Costs and taxes are going up, wages are increasing, and claims are rising. Working with an attorney can pave the way for the future of your business and help protect your assets and financial security. For example, they can help you restructure or transfer stocks to new shareholders. 

Business lawyers can also advise you on the federal and state laws that regulate corporate transactions and govern the workplace. They can help you maintain compliance with local labor laws. In a state like Virginia, these statutes change from year to year, so it’s important to have a strong relationship with an attorney who can bring you up to speed on the latest updates. 

As your company grows, you may also need guidance on corporate governance, risk management, and day-to-day operational questions that affect contracts, vendors, and employees. A business attorney in Virginia can help you anticipate issues before they become disputes and can explain how Virginia statutes, federal regulations, and decisions from courts such as the Circuit Court of the City of Virginia Beach may affect your decisions. This type of ongoing counsel allows you to focus on running your company while we address the legal details that support its stability.

Many owners seek out legal counsel only when a problem surfaces, such as a contract dispute or a disagreement among partners or shareholders. However, a commercial law attorney in Virginia can review your standard agreements, internal policies, and corporate records on a regular basis to reduce the likelihood of costly litigation. We can also coordinate your business planning with your personal estate planning so that your ownership interests are properly protected and can be transferred smoothly when you retire or step away from the company.

Common business law services include:

  • Forming business entities such as corporations, limited liability companies, and partnerships tailored to your ownership structure and goals.
  • Developing tax strategies that align with federal and Virginia tax laws while supporting long-term growth.
  • Drafting contracts and business agreements with customers, vendors, employees, and independent contractors.
  • Preparing business trusts and buy-sell agreements that coordinate with your estate plan and succession goals.
  • Managing corporate property and shareholder transactions, including stock transfers and recapitalizations.
  • Litigating and resolving disputes involving contracts, ownership interests, or other commercial issues.
  • Protecting intellectual property through appropriate contracts, policies, and registration strategies.
  • Designing succession plans that set out clear steps for leadership and ownership transitions.

Choosing the Best-Suited Business Structure 

When starting a business in Virginia, it's crucial to understand the various types of business structures available.

Here are the basic types of business structures you can consider:

  1. Sole Proprietorship: a simple and very common form of business structure. It involves an individual operating a business without creating a separate legal entity. As a sole proprietor, you have complete control and responsibility for your business.
  2. Partnership: when two or more individuals or entities come together to carry out a business venture. There are two primary types of partnerships: general partnership and limited partnership. In a general partnership, all partners have equal responsibility for the business's management and liabilities. In a limited partnership, there are general partners who control the business and limited partners who then have limited liability.
  3. Limited Liability Company (LLC): combines the limited liability protection of a corporation with the flexibility and simplicity of a partnership. It offers personal asset protection for its owners (known as members) while allowing for pass-through taxation.
  4. Corporation: a legal entity distinct from its owners (known as shareholders). It offers its stockholders limited liability protection, and its ownership is represented by stock shares. In Virginia, corporations can be either C corporations or S corporations, each with its own tax implications and requirements.

When considering the appropriate business structure for your venture in Virginia, it's recommended to consult with a knowledgeable Virginia business lawyer for personalized advice and guidance. At J. S. Burton, P.L.C., we offer free consultations and have years of experience in providing comprehensive legal services to businesses.

Our experienced business law attorneys in Virginia can assist you with:

  • Evaluating the pros and cons of different business structures based on your specific needs and goals.
  • Assisting with the formation and registration of your chosen business structure, ensuring compliance with Virginia laws and regulations.
  • Providing guidance on contracts, agreements, and other legal matters that may arise during your business operations.
  • Offering personalized service and attention to address your unique business requirements.

With our firm's years of experience and dedication to client success, we strive to deliver exceptional legal services tailored to your business needs. 

Corporate And Commercial Disputes In Virginia

Even well-run companies occasionally face disagreements that cannot be resolved internally, such as conflicts among owners, breach of contract claims, or issues with vendors and customers. Corporate and commercial disputes can consume time and resources, distract you from daily operations, and, if not handled carefully, escalate into litigation in courts such as the Circuit Court of Fairfax County or the United States District Court for the Eastern District of Virginia. When you work with our Virginia business law attorneys, you will gain a strategic partner who can evaluate your options, explain the potential risks and costs, and help you choose a practical path forward.

Disputes may involve questions about the interpretation of operating agreements, enforcement of non-compete provisions, collection of unpaid invoices, or the protection of confidential information and trade secrets. A Virginia business law lawyer can assist with negotiating settlements, representing you in mediation or arbitration, or, when necessary, presenting your position in state or federal court. We focus on understanding your broader business goals so that any resolution supports your long-term relationships, preserves key contracts, and limits disruption for your team and customers.

If you need business law services in Virginia Beach, do not hesitate to reach out to a commercial lawyer in Virginia from J. S. Burton, P.L.C.. Call (888) 885-9001 for a Free Consultation.

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "Prompt, Professional, Courteous, Concerned and Caring"
    - Bill O.
    "If you're looking for trustworthy and skilled professionals for your estate planning, look no further!"
    I recently had the pleasure of working with Fallon Whidden from the JSBurton Law Firm for my estate planning needs, and I cannot recommend them highly enough!
    - Tamara C.
    "I give them a 5* plus! Honest, Reliable, and Caring!"
    John Burton is the best and most honest that I have found. You can rely on him for all your needs. Once you have spoken to him, you won't be going anywhere else.
    - Richard K.
    "We highly recommend them"
    We recently had our Living Trust prepared by Fallon at JS Burton, PLC and they did an excellent job. Everything was explained in great detail and Fallon was awesome to work with! We highly recommend them for estate planning services.
    - Paul H.
    "An excellent estate planning attorney"
    Mr. Burton, Esq. is an excellent estate planning attorney and I recommend him with a 5 star rating. He is patient and answers all questions. His organization of the plan that he provided was in a binder and very complete.
    - Jeffrey S.
    "Very professional, friendly, thoughtful, and highly knowledgeable, Fallon expedited preparation and delivery of my documents. Overall, this was an awesome experience"

    I just had a great experience with this firm in preparing my estate planning documents. I needed to update some wishes and also ensure everything is in line for the state of Virginia, as I moved here from Pennsylvania. I worked with Fallon Francesca Whi

    - Wendy V.
    "I would highly recommend him."
    I have met with Mr Burton several times and always found him to be professional and personable
    - Bonnie T.
    "Highly recommended for estate planning"
    We were heard and guided to do the best for our families needs
    - Fred S.

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FAQs

  • What is business law?

    Business law encompasses the many rules, statutes, codes, and regulations that are established which govern commercial relationships and provide a legal framework within which businesses may be conducted and managed. Business law is highly diverse and includes areas such as:

    • business formation and organization
    • transactional business law (contracts) 
    • business planning
    • business negotiations
    • mergers and acquisition
    • divestitures
  • What factors should be considered in choosing the type of business form for my business?
    Although there are many important things to think about when choosing a business form, some of the main considerations include your preference of tax treatment, how you intend to capitalize the business, whether you plan to issue stock and trade it publicly, how you intend to structure the management of your business, and issues surrounding the liability of the business owners, among other things. It is very important to plan your business and to work closely with someone who can help you choose the business form that will meet your needs.
  • What is the difference between a subchapter C and S corporation?

    The Internal Revenue Code allows for two different levels of corporate tax treatment. Subchapters C and S of the Code define the rules for applying corporate taxes.

    Subchapter C corporations include most large, publicly-held businesses. These corporations face double taxation on their profits if they pay dividends: C corporations file their own tax returns and pay taxes on profits before paying dividends to shareholders, which are subsequently taxed on the shareholders' individual returns.

    Subchapter S corporations meet certain requirements that allow the business to insulate shareholders from corporate debts but avoid the double taxation imposed by subchapter C. In order to qualify for subchapter S treatment, corporations must meet the following criteria:

    • Must be domestic
    • Must not be affiliated with a larger corporate group
    • Must have no more than one hundred shareholders
    • Must have only one class of stock
    • Must not have any corporate or partnership shareholders
    • Must not have any nonresident alien shareholders.

    Additionally, after a business is incorporated, all shareholders must agree to subchapter S treatment prior to electing that option with the Internal Revenue Service.

  • What does it mean to “pierce the corporate veil?”

    Sometimes, courts will allow plaintiffs and creditors to receive compensation from corporate officers, directors, or shareholders for damages rather than limiting recovery to corporate assets. This procedure bypasses the usual corporate immunity for organizational wrongdoing, and may be imposed in a variety of situations. The specific criteria for piercing the corporate veil vary somewhat from state to state and may include the following:

    • Courts may not allow owners to benefit from a corporation’s limited liability if the underlying business is indistinguishable from its owners.
    • If a corporation is formed for fraudulent purposes.
    • Courts may impose liability on the individuals controlling the business if a business fails to follow certain corporate formalities in areas such as record-keeping.