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Contract Negotiation
A contract is the basis for all business agreements. By definition a contract is an agreement in legal form between two or more parties to do or not do some legal act. Since contracts can have serious legal ramifications, it should not be entered into lightly. Let Tindall Law Firm help you navigate through your next contract negotiation!

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May 2013

Welcome to all my wonderful clients, friends and business associates. At Tindall Law Firm, LLC we have begun to offer a newsletter sharing valuable tips regarding the law; offering articles on hot issues in the law; commenting on topics of interest; and helping you navigate the tricky world of the law, which is ever changing. This is our third newsletter providing a discussion of other areas of the law. We hope you find this newsletter helpful as you go about your daily lives. At any time if you have any questions on any of the materials you find in our newsletter or any other legal issues, please do not hesitate to contact me. If there is any legal issue of interest that you would like to see addressed in our newsletter, please let us know. We value your feedback very much. We treasure our clients very much and we aim to treat each of you as a member of our family and with a commitment to excellence, zealous advocacy on your behalf, and quality service. 

All the best, 
Attorney Tavis Tindall

Minding  Your Business

When organizing business roles identify each party correctly.


You would be surprised how often business persons wrongly identify negotiating parties and how important it is to get it right! Correct legal names of the parties are needed for the contract. It needs to be clear who is responsible for performing the obligations under the agreement (and who you have legal rights against if things go wrong). For instance, if a business is organized as an LLC or a corporation, identify it by its correct legal name --including the Inc. or LLC suffix -- not by the names of the people who are signing the agreement for the business. 

4 ways to Legally Protect Your Family Business 


Many times family crises are unavoidable and unpredictable. You don't have to be unprepared when these situations arise. Here are four options that can help protect your family business through a crisis.


1. Confidentiality Agreements

Require each and every employee-family and non-family-to sign a non-disclosure agreement. Not only does this help family members maintain a level of secrecy and privacy about the business' affairs, it also prevents slander outside the business. This option can also make it more difficult for in-laws and other parties from using your family information in a lawsuit.


2. Covenants Not to Compete

A covenant not to compete and confidentiality agreement if drafted properly can help prevent an employee from taking the trade secrets or confidential information of the business, including but not limited to customer lists or other employees, to a competing company or a new company the departing employee may start up in competition to yours. The agreements have to contain valuable consideration; be reasonable in geographic scope and time limitation; cannot violate a valid public policy interest; or be too crippling to the offending employee's ability to legitimately make a living. The confidentiality agreement must also be reasonable and cannot claim information in the public domain is protected.


3. Choosing the Correct Life Insurance

It is wise to have a last-to-die insurance policy if the family business owner's estate is subject to estate taxes. This helps cover any unexpected estate taxes the heirs may have to pay. (For more information on estate planning, please call our office and set up a time to discuss your options.) This insurance plus key man life insurance can also be vital to an organization to help the company partially absorb the financial loss of a key employee or owner due to his or her untimely death.


4. Fraud Prevention

The best way to protect your family business from fraud is to require multiple signatures on checks. If you have procedures to follow and don't allow only your controller to sign the biggest checks or have a second person review monthly bank statements you, should easily be able to prevent internal fraud. Make sure your banker understands your procedures so he or she can identify foul play.



At Tindall Law Firm we work hard for clients every day. We all want to see clients receive the justice and compensation they deserve. As a family-based business, our staff is close, and we extend that friendly, caring attitude to our clients. We treat our clients as if they are our own family and truly care about them as more than just a number. It is this quality along with superior service and competent representation that has allowed us to become the "lawyer for life" for all of our clients and their families and friends to whom they refer us. 



Tavis Tindall
Tindall Law Firm

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