Corporate & Commercial

GRC LEGAL represents clients from start-ups to industry leaders in all aspects of corporate and commercial law services. From starting a business to the winding down of one, there’s a need for solid business legal advice. We help ensure the intricacies of corporate law and commercial transaction requirements are handled properly and with value.

Industry-Focused Corporate Law Solutions

While we provide corporate law solutions to a wide range of industries, we have significant experience helping clients in the retail, technology, digital arts, digital marketing, professional services, fashion, ecommerce, health technology, energy, consumer products, telecommunications, and software industries.

The proper handling of business matters and information technology assets during mergers and acquisitions is imperative for obtaining proper valuation and securing or valuable IP assets. We provide legal services necessary for mergers and acquisitions to happen effectively and also efficiently with the least amount of intrusion on business operations.

Due Diligence

Due diligence required for successful mergers and acquisitions covers significant scrutiny and evaluation of all areas of business.  Our corporate lawyers have significant comprehensive business knowledge and acumen needed to successfully handle complex merger and acquisition deals.

GRC LEGAL can assist you in strategic management of your business ventures, as well as provide extensive experience in mergers and acquisitions deals. We recognize growth opportunities and can assist in the buying, selling, dividing, and combining of different companies or entities to help the growth of your enterprise or company without the need for the creation of a new subsidiary or joint venture.

GRC - Governance, Risk, Compliance & Regulatory

Business governance generally refers to the mechanisms, processes, and relations by which businesses are controlled and directed. We advise on best practices and help implement processes, procedures, documents and contracts, for your unique corporate governance needs.

Corporate Governance Differs Between Company Types and Industries

A company needs policies, procedures, checks and balances, assigned to individuals at different levels of the organization to run smoothly. However, implementing such business governance requires understanding of best practices of the particular business and industry type. Often, best business practices are learned after something bad happened and lessons were learned. We have experience to spot issues needing governance help, due to working with clients across various industries. Corporate governance is meant to facilitate a system of corporate guidelines that facilitate best practices in the operations of the company. So, the type of governance structures and principles will differ from company to company and industry type. Therefore, a company should draft rules and procedures that govern it, to specifically meet the company’s unique business needs. We are knowledgeable working with many types of businesses and have insight to different business governance needs.

We provide individualized advice and draft policies, agreements, and contracts to help tighten business governance. We have the experience to identify concerns in current business structures, and advise on best business practices. Our experience in business, corporate and commercial law allows us to offer special insight into corporate governance best practices. We counsel company owners, executives, boards of directors, officers and other officials on:

We provide advice on many areas such as company-wide risk management, executive compensation packages, and senior executive succession planning. More broadly, we help ensure our clients conform to the constantly evolving government standards and industry practices. Finally, we consult with clients to help develop internal codes of procedure and statements of beliefs.

Compliance

In data storage terminology, the phrase data compliance generally refers to the practice of ensuring that data is managed and organized in a manner that meets industry-wide regulations and rules set by the relevant jurisdictions or government. While the definition seems simplistic, the reality of actual compliance can be difficult. There is a lot of misinformation and lack of legal guidance available. Therefore, businesses may fail to properly comply with data regulations due to lack of awareness. Compliance has increasingly become a major concern for businesses, website operators, and organizations. Businesses have a difficult time deciphering what standards and compliance may be required when offering goods or services online or manuel. Additionally, different countries and jurisdictions often have contrasting standards for data compliance. It can be confusing for Internet businesses and website operators to recognize which standards they must meet.

Risk Assessment and Management

Businesses obtain great benefit from identification of vulnerabilities in technology systems, for improvement as well as legal compliance. Therefore, we provide counsel on strategic technology risk assessment and assist in the development of effective business and licensing models to provide technology assets protection. Technology transactions are best protected through risk assessment, procedures, and well-drafted agreements. Risk assessment is only the beginning for businesses. Once vulnerabilities are identified and systems, processes, and agreements are used to adequately protect technology assets, management is necessary. The process should be ongoing with periodic assessments for managing risk as changes evolve in technology as well as changes in law.

TMT - Technology, Media & Telecommunication

Technology Outsourcing and Transactions

Technology outsourcing, also referred to as “information-technology-outsourcing,” is the practice of outsourcing a company’s computer or Internet-related work (e.g., programming, coding, etc.) to other companies. The need for IT outsourcing often arises from a lack of resources as well as a drive for cost reduction of overhead. However, no matter how simple the outsourcing may be, companies should be diligent in putting information technology outsourcing agreements in place. Therefore, it is important to ensure proper legal agreements are in place. Aside from an IT Outsourcing Contract, the types of additional agreements and provisions to consider include. Businesses should take caution in using a third party contract for outsourcing of work. Even if the third party is a well-known company in the industry, each party should ensure they are properly protected. Form or standardized agreements aren’t drafted for fairness to all parties involved. We review, negotiate as well as draft custom tailored agreements to help protect the rights of our clients and provide recourse should a dispute arise. A proper IT outsourcing agreement should address several different aspects of the project. Also, technology outsourcing agreements should address expectations of each party, time frames, penalties, quality reviews, indemnity, termination, etc.

Cloud Computing Operations

Cloud Computing or cloud storage is often referred to as The Cloud. It refers to the technology model for enabling universal network access to a sharable pool of resources. Cloud storage refers to the technology model where digital data is readily accessible through computer services from server storage providers. The increased popularity of cloud storage combined with smart devices has brought legal and technological issues to the forefront. Among these issues is data security as well as data ownership questions. While many assume that the data they save to the cloud belongs to them, this may not always be true. Depending on the service agreement, the cloud provider may have an ownership interest or license in the hosted data. However, users of cloud computing may care only for the ease it brings to data retrieval. Therefore, questions of security and ownership may take a back seat until an issue arises. Experts warn that users of the cloud should refrain from making assumptions regarding the ownership or use of the service. For example, businesses using or providing cloud services need legal agreements in place that outline rights of all parties. Cloud agreements should be carefully negotiated and drafted with explicit indications regarding several factors.

Telecommunications

We experienced in data protection for hardware and software telecommunications technology as well as  anti-counterfeiting services to enforce patents, copyrights and trademarks against infringers and counterfeiters. We also drafts employment agreements,  independent contractor agreements, trade secret protection strategies, non-disclosure agreements (NDAs),  end user (EULAs) and other license agreements to safeguard rights in the software.  We negotiate indemnification agreements, provides advice regarding identification of applicable regulations with which telecommunication products need to comply such as radiated emissions and export control regulations, drafts contract development agreements, and assists with monetizing intellectual property and data protection and compliance rights in telecommunications technology. We also assist telecommunication companies and founders with entity formation and strategy, including capital and financing strategies.

Employment, Human Resources & Labor

We draft employment agreements and contracts custom tailored to your specific business needs and practices.  These agreements can be crucial to the smooth operations of a business and can help prevent or minimize legal issues. Creating well-drafted relevant policies and agreements requires knowledge of changing regulations. Additionally, employment agreements must be tailored to laws that vary from industry to industry.  Knowledge of complex employment issues that relate to various industries and types of business is necessary for constructing agreements.  In addition, employee contracts must be drafted to stand the test of time and law, or revised as needed. Companies should not rely on generic employment agreements because they often fail to provide adequate protection for all industry standards and forms of business.

We draft agreements to prevent breaches, tighten enforcement, or assisting you in potential litigation.  Even with proper agreements and contracts in place, the potential for breach is possible.  We are experienced in enforcement measures as well as in litigation of employee and contractor disputes. With well-drafted agreements, litigation can proceed most effectively and cost efficiently than it would without. So, effecting proper contracts and agreements is an important proactive measure for protecting your business.

Data Protection & Privacy & Cyber Security

Privacy by Design/Default for Proactive Measures

Data privacy refers to the relationship between the collection and dissemination of data and information. Since such data often contains sensitive information, several legal and political issues surround the control and disclosure of the data. There is reactionary and ever-changing nature of the laws and regulations that govern protection of such data and information. Therefore, compliance with these laws requires companies to constantly reassess their internal and external procedures when dealing with these challenges. Today, the range of data collected and disseminated via electronic means varies widely. Additionally, the rules and regulations differ for each type of data gathered as well as for the manner in which collected. For example, collection of medical information requires uniq compliance. Companies should balance the rights of web users against the need to collect data, especially for marketing purposes. The use of trackers on websites is common, but there are legal requirements that must be abided as well as to providing notice. We have an understanding of technology and data privacy concerns as well as the necessary legal compliance requirements.

Companies benefit from audit reviews of their processes, procedures, and documentation for security of privacy. We help companies develop procedures to address privacy concerns as well as deal with compliance requirements. Businesses that educate themselves and employees on best practices for securing privacy of data have fewer issues with breaches or compliance defaults. Legal compliance for security and protection of online privacy are huge concerns (or should be) for all businesses. Data breaches and hacking are prevalent in this age of virtual everything. Therefore, we help businesses develop privacy compliance practices to help limit liability.

Cybersecurity Solutions

Clients in the cybersecurity industry receive the full range of the firm’s services: litigation, intellectual property, and transactional. We are experienced in investigating and advising clients in data privacy and cybersecurity protection; trade secret protection and identification; protecting intellectual property assets; enforcing employment agreements, independent contract agreements, and NDAs; white collar investigations; e-discovery and litigation for cybersecurity legal issues; and drafting terms of use and privacy policies.

RegTech & FinTech & StartUp

Legal Planning for Business

All companies and entrepreneurs know that proper business planning is an integral part of running any successful business. While many owners recognize the need to consult legal counsel during the formation of a business entity, few realize that having a business law firm assist in operating the business and navigating a successful exit from a business venture can be just as important. Whether you are starting a business, transitioning a business venture, undergoing a merger or acquisition, or winding-down a business, our business lawyers can assist in guiding your company through its entire life cycle. We also help clients develop their businesses for success – big or small.

Start-Ups: Business Planning Development

Planning a new business startup is an intensive process and no one should have to go through it without business legal counsel. Therefore, GRC LEGAL can evaluate your company’s business planning ideas, and help assess what business entity type and growth strategies best fit your needs. Additionally, as a technology-focused firm, we have the experience to help manage and protect your corporate ethic assets at the formation stage to help avoid unnecessary issues after the company becomes successful. Similarly, we can help draft, negotiate, and review contracts indispensable to the start-up process and help protect the company while in initial growth stage.

 

Information Technology, Internet & E-Commerce

IT, Internet and eCommerce businesses require compliance with a myriad of laws covering privacy, security, copyright issues, etc. We offer comprehensive legal services including consultation on best practices and review & drafting of agreements for compliance. While we provide technologic solutions to a wide range of industries, we have significant experience helping clients in the retail, technology, fashion, eCommerce, technology, energy, consumer products, telecommunications, and software industries for a wide range of technologies including virtual reality/augmented reality; pharmaceuticals; apps and eCommerce processes.

Domain Name Acquisition Considerations, Registration and Transactions, Dispute Avoidance

Companies and brand owners secure domain names relevant to their brands for online business. However, business owners should consider intellectual property factors at time of domain acquisition. This is most important for new business owners starting a new business and picking a company name and domain. Domain names can potentially infringe upon another’s trademark or brand name. We assist with domain name selection, registration, and maintenance. Prior to registration, we perform domain and trademark clearance searches to help prevent intellectual property disputes over a chosen domain. We also provide guidance on registration practices and protections to help avoid ownership issues and security concerns. Large companies entrust us to maintain their large domain portfolios to avoid the tedious nature of tracking renewals. We maintain a docket and communicate with business unit owners regarding the disposition of brands and lines. This allows us to help businesses with new domain acquisition and letting domains to lapse that no longer of value.

To avoid malicious practices such as cyber squatting, typo squatting, username squatting, or online impersonation, the Internet Corporation for Assigned Names and Numbers (“ICANN”) has implemented a number of practices to deter misuse. For example, ICANN currently enforces a 60-day waiting period on domain transfers. Similarly, ICANN allows for the “locking” of domains to make domain theft more difficult. However, domain theft remains a concern. We advise on precautions to avoid losing a domain through unsafe Internet practices.

Implementing Online Privacy Policies

Online privacy has become an increasingly important concern for Internet users. Internet users must often submit personal information in order to secure Internet service or goods. Online privacy affects even the most casual of Internet users. The phrase “online privacy” may be used to refer to a general legal concept as well as the patchwork of current Internet rules and regulations. Providing online privacy to customers requires a combination of technological systems and legal policies. The first step in providing online privacy comes from performing a thorough audit of the company’s procedures and practices. We assist in analyzing whether a company’s Internet practices meet current legal standards and regulations. Next, we recommend having an up-to-date privacy policy on all websites. Privacy policies are basically website agreements that provide notice to consumers on expectations regarding collection and use of personal information. Privacy policies provide legal notice in some regards. These policies often limit a company’s liability regarding use of personal information as long as the company is transparent about how it is used. We draft privacy policies for websites owners to include provisions necessary for the specific type of Internet and ecommerce businesses.

eCommerce Agreements

Electronic commerce agreements include terms for the various activities to be performed via internet commerce transactions. These agreements provide a business with protections regarding third party services and transactions as well as limit liabilities. Additionally, they come in all forms and relate to virtually any type of internet commerce transactions. Therefore, Internet business owners should seek advice from knowledgeable attorneys with experience drafting eCommerce agreements. We assist with limiting legal liability when it comes to engaging in eCommerce. Because Internet commerce generally triggers authorities, many business owners may be unaware of the rules and regulations that apply to them. We audit and analyze current procedures and policies to advise on properly conducting business via the Internet. Our experience in data protection law as well as business law allows us to provide cost-efficient strategies and solutions while ensuring compliance with relevant legislations.

Dispute Resolution & Negotiation

We provide value to our clients through innovative approaches to resolving lawsuits, tenacity, and reliable advice. While we provide commercial litigation solutions to a wide range of industries, we have significant experience helping clients in the retail, technology, sporting goods/outdoor goods, fashion, ecommerce, technology, energy, consumer products, telecommunications, and software industries.