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Business Law

Why do I need a business lawyer

Business or transactional law is the practice of law that relates to money and commercial matters.  Businesses provide goods and services and governments regulates those transactions. Generally, a business attorney will help in 2 broad categories. First, the formation of the business entity. Second, the advising on compliance matters impacting the business’s operations. 

A good business lawyer’s goals is to explain to a business client potential problems and risks. This allows a business owner to make educated decisions on how to run their business.  

A business lawyer usually spends most of their time out of court. The goal is advise and assist business owning clients on how to achieve their strategic goals. It could be how best to mitigate legal risks, identifying potential problems, or researching opportunities. Additionally, this of course means reviewing and drafting many contracts and forms, and being a valuable “second set of eyes” to business owner.

Where we can help

In general, these are areas or services where we help business owners:

  • Business Formation (Founders Agreements, Registration of LLCs and Corporations)
  • Business Partnerships (Partnership Agreements, Operating Agreements, Bylaws)
  • Buying/Selling Businesses or their Assets
  • Permitting and Licensing (Professional & Vocational LicensingLiquor Licenses)
  • Trade Names, Trademark, and Service Mark Registration
  • Licensing Deals and Entertainment/Media Content Agreements
  • Liability Waivers
  • Commercial Lease Review
  • Sublease Agreements
  • Management Employment Agreements
  • Employee Handbooks
  • Independent Contractor or Service Provider Agreements
  • Succession Planning (we frequently collaborate with financial advisors and estate planning lawyers)
  • Nonprofit Formation and Tax-Exemption Application
  • Education and Training Seminars
  • Business Disputes, Cease-and-Desist Letters
  • Contract & Government Forms/Application Reviews
  • Don’t see what you need listed? Just ask! We have over 25 years of collective experience, so we’ve seen a lot of business situations. We do free 30-minute initial consultations.

Consider how we help …

Business owners tend to regulation and paperwork as obstacles to their deals. However, it is usually poor communication, planning, and a lack of attention to details that causes most disputes and penalties. The value of following legal formalities is to mitigate risks and ideally have smooth sailing. For example, a business partner cannot keep changing a deal because it was signed off. Another example, is to avoid penalties and fines by filing timely and accurate reports to the government. The importance of written contacts is cannot be overstated. Documentation of your deal represents one of the best pieces of evidence in a contract dispute.

Second,  an lawyer with experience in your industry is critical. Understanding what to look for in a commercial lease or professional agreement is helpful to spot things out for a client new to business law. Doctors go to medical school, chefs become trained at culinary school, and entertainers hone their craft … but they don’t know contract law, intellectual property rights, or industry-specific regulation. They need an advisor, counselor, and navigator to get through the complex web of laws, contracts, and rights. An experienced attorney that knows your industry is an invaluable counselor.

Lastly, for business owners that look to the end, they need an attorney to help them move to the next stage of their life. Whether it be selling or closing their business or succession planning, an attorney can help with those processes and plans. Due diligence is a key process to buying/selling or transferring a business It requires understanding the risks of a deal and yes, reviewing a lot of documentation and information. Selling a medical practice or buying a bar is not just the money changing hands, but the rights, contracts, and relationships that may come with it.

So as a business owner, you should focus on what makes your business great, but let us provide the formalities and advise you on the legal aspects that impact your business deals and relationships.

Something to think about

Attorneys are definitely recommended in a business dispute, but consider a business lawyer to act as an ounce of prevention. You don’t know what you don’t know. By the time you or your business is in litigation, the damage is done. Don’t you owe it to yourself and your business, that you are making educated decisions knowing the risks?

For example, when a prospective employee files a lawsuit claiming gender discrimination based on your hiring process, all you can do is hire an attorney to defend your business. However, if you vetted your process with a lawyer and consulted with them beforehand, you would be able to change the process prior to implementing.

Sometimes the investment to have a lawyer review and consult prior to taking action is better than the costs of a stress and fees to defend yourself.



This website is owned and maintained by Hew & Bordenave, LLP (H&B), a law firm based in Honolulu, Hawaii, USA. This DISCLAIMER page outlines the purpose of this website and makes specific disclaimers. Please read carefully.

This website is only for general information and marketing purposes of H&B and its services.

This website contains general information about H&B and is provided “as is” and without warranty of any kind, express or implied. Any information contained on this site is not intended to be legal advice, and it should not be considered as advice or relied upon as such. The content of this site should not be used as a substitute for the professional judgment of an attorney. Anyone needing legal advice should consider seeking out an attorney in their relevant jurisdiction. Any information presented on this website regarding prior results is not guarantee similar outcomes for anyone or other clients.

If you decide to contact H&B through this website understand that shall not establish an attorney-client relationship. Any information or documents transmitted by you to H&B, without a signed engagement letter between you and H&B, shall not be treated as confidential, secret, or protected in any way. 

In accordance with the Hawaii Rules of Professional Conduct, this website may be considered attorney advertising. The materials contained on this website have been prepared by H&B for informational purposes only, may not reflect current legal developments and do not constitute legal advice.

While H&B makes reasonable efforts to keep the information on this website accurate and current, H&B makes no claims or guarantees of accuracy and is not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information.

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June 2021

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This website is owned and maintained by Hew & Bordenave, LLP (H&B), a law firm based in Honolulu, Hawaii, USA. This page outlines H&B’s PRIVACY POLICY with respect to your interaction with our website and how we handle your personal information if we receive it through your use of our website.


This Privacy Policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information.

What personal information is collected through this website and how is it used?

We collect information about users from our web server logs and through cookies, where applicable. We do not share any of the information collected with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it. 

The information collected is anonymous and does not contain identifying information about the visitor, but may include information such as their city or region, how they arrived at our site – through direct search or a referral site, how much time they spent on a page, what pages they visited, etc.

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We take certain appropriate security measures to help protect data collected from our website from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.

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If you have any additional questions or concerns about this Privacy Policy, please contact us via the information provided on this website. If our information practices change in a significant way, we will post the policy changes here.

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We of course appreciate any interest in our firm and its services. However, if you decide to contact H&B through this website and submit any information, such as using our “Contact Us” form, then please understand that action in of itself shall not establish an attorney-client relationship. Any information or documents transmitted by you to H&B,  via the website, such as the “Contact Us” form and if you do not have a signed engagement letter between you and H&B, then that information or documentation shall not be treated as confidential, secret, or protected in any way with respect to the attorney-client relationship. Therefore, do not submit any information or documents in this way other than your contact information and a basic explanation as to why you are contacting H&B (e.g. setting up a no-cost initial consultation).

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Effective June 2021