The Law Offices of Jotham S. Stein P.C. has negotiated (or counseled clients during the negotiation of) numerous employment and founder-related agreements, including executive employment contracts, stock option agreements, change of control agreements, merger agreements, management carve out agreements, non-compete agreements and severance agreements.

Attorneys from the Law Offices of Jotham S. Stein P.C. offer corporate executives, managers, shareholders, investors and employees advice on ways to best protect themselves, and explain the risks of choosing not to do so, before employment begins and/or while the transaction is taking place. Law Offices of Jotham S. Stein P.C. attorneys have counseled hundreds of individuals during employment and investment related negotiations.

Because executives, investors, managers, founders, acquirers, employees, venture capitalists, and others sometimes compete for a limited equity pie, securing counsel early is especially critical in dynamic, deal-driven situations. Frequently, companies and boards produce documents or clauses in the “normal” course of business which drastically restrict their employee/shareholder’s rights.

Protection during the employment relationship may also be important because key company players and high-level executives are sometimes forced out of their jobs, and lose millions of dollars in equity and unvested stock options. Sometimes successful executives lose their jobs for reasons that are economically irrational or appear to make no sense. Even “non-essential” founders are periodically terminated by people who were once their “friends.”

As part of their employment counseling practice, attorneys from the Law Offices of Jotham S. Stein P.C. may advise employees suffering discrimination or harassment in the workplace while the employee is still employed. In addition, they may counsel managers, shareholders, executives and others being forced out while the manager, shareholder or executive is still employed. Early counseling is important. Employees who see “the writing on the wall” and do not seek legal advice sometimes commit classic workplace errors, errors that may debilitate their case if they must later file a lawsuit.

The Law Offices of Jotham S. Stein P.C. also represent executives, entrepreneurs, founders, investors, shareholders and employees in their everyday business lives. For example, the employee or founder as an investor may need representation during a negotiation. Or, the employee or founder as an investor may suffer at the hands of an unscrupulous stockbroker or financial advisor. Securities laws and the common law may both be implicated and arbitration or litigation might be required. Attorneys from the Law Offices of Jotham S. Stein P.C. have seen their share of relationships go bad. Consequently, firm attorneys have an appreciation for contract clauses and transactional structures that may minimize the risk of future litigation.

Representing Private and Public Corporations, LLCs, Partnerships and other Business Entities

Private and public companies alike frequently miss out because their attorneys do not offer good business advice. Most corporate executives know that smart business decisions require much more than simply understanding the law.

Law Offices of Jotham S. Stein attorneys offer business advice and business counseling to their corporate clients. Firm attorneys have negotiated (and counseled clients during the negotiation of) many contracts, including technology licensing deals, merger agreements, and professional service contracts. The “other side” of those negotiations have included small closely held companies all the way up to Fortune 100 corporations. Mr. Stein, firm principal, has also served as a part-time General Counsel of a high-technology Silicon Valley company.

Private and newly public companies frequently run into difficulties with other corporations, sometimes with industry juggernauts. The conflicts are not always even-handed. Large corporations can wield their power over smaller companies in abusive ways. For example, a big company may decide not to pay on an important contract, knowing full well the smaller company will have difficulty dealing with the resulting cash flow problems.

Business conflicts can cause real risk to a company and force executives to spend valuable time on litigation, rather than focusing on running the business. In situations where a company runs into trouble with another corporation, attorneys from the Law Offices of Jotham S. Stein may work directly with the owner, founder, chief executive officer, general counsel or other business decision-maker to develop a negotiation and/or litigation strategy that meets the business’ needs. If negotiation is the best approach, firm attorneys may negotiate directly or advise the corporate decision-maker during negotiations. If litigation is required, the Law Offices of Jotham S. Stein strives to litigate in a way that keeps the company’s decision-makers fully involved and informed, yet free to spend their time building the business. Over the years, the Law Offices of Jotham S. Stein has represented many companies in a wide variety of disputes in state and federal court and in multidistrict litigation.