Reynolds, Jensen, Swan & Pershing has experience prosecuting and defending a broad range of business litigation on behalf of individuals, partners, shareholders, businesses, business entities and corporate officers. Reynolds, Jensen, Swan & Pershing has insight into the mindset and litigation leverage points of both plaintiffs and defendants, whether as individuals or business entities. Reynolds, Jensen, Swan & Pershing keeps you properly informed in the course of litigation, and attends to the stress and cost of litigation. Reynolds, Jensen, Swan & Pershing aggressively defends your interests in a cost efficient manner. Reynolds, Jensen, Swan & Pershing works closely with you to identify how the litigation fits into your business plan and develops an effective litigation strategy that takes into account both your legal and business concerns. Reynolds, Jensen, Swan & Pershing represents clients in business litigation matters related to: Commercial issues; Contractual Disputes; Business Fraud; Shareholder and Partnership issues; Breach of Fiduciary Duty; Construction disputes; Premises liability; Leasing and real estate disputes; Misrepresentation and Fraud; Interference with Prospective or Existing Economic Relationships. Legal disputes often present with multiple issues which makes them difficult to resolve because of the complexity of the law that surrounds each issue. Reynolds, Jensen, Swan & Pershing identifies the various issues and assists the client through the different stages of the litigation process. Reynolds, Jensen, Swan & Pershing will assess your matter and provide you with the guidance necessary to ensure a successful outcome.
Starting a business requires meticulous and comprehensive planning. Issues such as entity formation, entity formality compliance, financial planning, tax implications, and potential liabilities must be carefully considered when creating a business. Reynolds, Jensen, Swan & Pershing dedicates itself to guiding clients through the process of selecting the entity type best suited to your business goals and then the creation of the entity. Reynolds, Jensen, Swan & Pershing has a comprehensive understanding of corporations, limited liability companies, limited partnerships, non profit organizations, and partnerships. Reynolds, Jensen, Swan & Pershing assists you with the organizational process and the filing of documents required by regulatory agencies. Reynolds, Jensen, Swan & Pershing can serve as your entity’s legal counsel. As your corporate counsel, Reynolds, Jensen, Swan & Pershing provides advice and advocacy on entity minutes, annual corporate filings, share issuance, employment contracts, non compete agreements and board of directors formations, among other issues and contracts with key vendors or customers.
Commercial Real Estate Leases
Every business must assure itself that it can function from specific location and most businesses establish such a location through a commercial real estate lease. Reynolds, Jensen, Swan & Pershing recommends using an experienced and knowledgeable attorney at the beginning of a lease transaction which may prevent complications and later litigation. Reynolds, Jensen, Swan & Pershing offers experienced and knowledgeable commercial lease negotiation and review. Reynolds, Jensen & Swan represents both landlords and tenants in franchise, retail, and industrial leasing transactions involving the negotiation and drafting of space leases, California shopping center leases, land leases, office space leases, and ground leases. Reynolds, Jensen, Swan & Pershing will help you read and understand the proposed lease. Reynolds, Jensen, Swan & Pershing will serve as your leasing counsel and assist in negotiating legal issues and drafting relevant provisions with a “business oriented" approach. By gaining insight into your objectives, Reynolds, Jensen, Swan & Pershing assists you addressing your commercial leasing needs in an experienced, responsive, and cost effective manner.
Commercial Real Estate Disputes
Reynolds, Jensen, Swan & Pershing has substantial experience representing clients as plaintiffs or defendants in actions arising out of claims relating to the buying and selling of commercial real property. Reynolds, Jensen, Swan & Pershing understands the intricacies involved with such claims. Such claims can include the failure to disclose defects in commercial real property. In the course of escrow minor problems of arising, such as a missing or incorrect loan document or last minute title problems, but more serious claims can also arise, including one party backing out of the transaction. Reynolds, Jensen, Swan & Pershing provides counsel to help the client determine whether the circumstances provide a legal excuse to allow a party out of the transaction. Reynolds, Jensen, Swan & Pershing provides legal counsel as to whether a court may allow enforcement of the sale through the filing of a suit for specific performance. Reynolds, Jensen, Swan & Pershing also advises on other types of disputes which can arise from the many contingencies to closing a sale or with respect to the determination of damages from the breach of the sale agreement.
Construction Law for Businesses
Reynolds, Jensen, Swan & Pershing provides legal counsel to Contractors and Subcontractors throughout the process of bidding on, to the signing of, a contract to the completion of a project. Each phase of a construction project carries the possibility that legal issues will arise and Reynolds, Jensen, Swan & Pershing recommends legal counsel to assist the Contractor and Subcontractor through the process and assists them in avoiding the legal pitfalls arising from licensure issues and other project disputes, including those arising between Contractors and Subcontractors or property owners or developers. Reynolds, Jensen, Swan & Pershing can provide legal advice which may help the client avoid non payment problems and other payment issues when they arise. Reynolds, Jensen, Swan & Pershing attorneys often serve as arbitrators or mediators and can be helpful in assisting the client mediate a solution prior to commencing litigation.
Bankruptcy Matters for Businesses
The bankruptcy litigation lawyers at Reynolds, Jensen, Swan & Pershing represent debtors, creditors or unsecured creditor committees in any type of adversary proceeding or litigation that arises in the context of a bankruptcy or insolvency related matter. Reynolds, Jensen, Swan & Pershing assists its clients in resolving active litigation matters in bankruptcy. Payments made by a debtor during the 90 days prior to a bankruptcy filing may be recoverable as an "avoidable preference" in certain circumstances. Reynolds, Jensen, Swan & Pershing defends creditors who have been sued by the bankruptcy estate in the estate's effort to recover allegedly preferential payments. The Bankruptcy Code provides many possible defenses to creditors who have been sued for an avoidable preference, including a defense that the payment was made in the ordinary course of business, or that the creditor who received payment made a subsequent advance of "new value" to the Debtor. Where the bankruptcy estate has served you with a demand for return of an allegedly voidable preference or an adversary complaint, you should consult with the experienced litigators of Reynolds, Jensen, Swan & Pershing to determine whether you may have viable defenses to the claim of avoidable preference. Also, if a debtor had not marshaled assets appropriately or where assets of a debtor have been transferred outside of the ordinary course of business prior to a bankruptcy filing, the bankruptcy estate or creditors may have a claim to recover assets transferred based upon the fraudulent transfer of the assets. Reynolds, Jensen, Swan & Pershing has considerable experience representing creditors in attempting to recover property fraudulently transferred. The firm also defends parties who have been sued by a bankruptcy estate claiming that a sale of transfer of an asset prior to bankruptcy was fraudulent. Reynolds, Jensen, Swan & Pershing & Swan lawyers provide representation to creditors challenging a debtor's right to obtain a discharge, due to misconduct, or to allow a specific debt to survive the bankruptcy. Additionally, the firm represents debtors in defending against these actions.
Labor and Employment
Reynolds, Jensen, Swan & Pershing provides legal counsel to businesses with respect to their use of employees and independent contractors. Reynolds, Jensen, Swan & Pershing counsels the client in understanding California “at will” law and the exceptions to “at will” for implied contracts and prohibited terminations. Prohibited terminations include: discrimination based on race, gender, sexual orientation, religion, military/veteran status, whistle blower or workers’ compensation status, etc. An employee need not be terminated to file a claim. Reynolds, Jensen, Swan & Pershing encourages its clients to be aware of unusual situations that create concern in these areas, and encourages its clients to immediately contact Reynolds, Jensen, Swan & Pershing for legal advice.
Wills, Trusts and Estates
Reynolds, Jensen, Swan & Pershing assists clients with the complexities of personal and business estate planning and administration. Reynolds, Jensen, Swan & Pershing services include: Wills and trusts, including living wills and special needs trusts, Trust, estate, and probate administration; Intergenerational wealth transfer strategies; Business and personal succession planning; Powers of Attorney; Charitable and not for profit entities; Executive compensation arrangements; Conservatorships. Reynolds, Jensen, Swan & Pershing considers your specific circumstances and recommends the most appropriate estate planning strategy for your situation based on your goals and objectives. Reynolds, Jensen, Swan & Pershing assists you in understanding your options and legally expressing your wishes regarding life prolonging medical treatments should you become incapacitated, and provide legal services for special needs trusts, which help to maintain continued government benefits for an heir who has a disability. Reynolds, Jensen, Swan & Pershing provides legal counsel for clients on the strategies available to preserve wealth and protect assets during the passing of one's estate. Reynolds, Jensen, Swan & Pershing will orient you to the financial and legal strategies families, individuals and businesses implement to hand down their estate, including a business, while reducing their tax burden to the greatest extent possible. Reynolds, Jensen, Swan & Pershing works to create a personalized intergenerational wealth transfer strategy tailored to complement each client’s financial circumstances. Estate plans which utilize one or more trusts require administration of the trust upon the deaths of persons creating the trust. Reynolds, Jensen, Swan & Pershing also provides legal counsel for the post-death administration of trusts as well as for probate of testate and intestate estates, spousal property petitions, trust amendments, trust division upon the death of a spouse and trust funding.