Portland Business & Commercial Law Blog

Once the concept and preliminary plans for a new business are in place, finding funding in Oregon and elsewhere is sometimes a far greater challenge. Even where business formation has been accomplished with the assistance of a business law attorney, obtaining the funding to move forward may still be a major obstacle and point of stress for the company. Experts suggest that the new entity join its business' community and start some heavy-duty networking.

This is a time-intensive project because the startup's founder(s) do not know precisely where that funding will come from at first. Therefore, there is a need to talk to as many people as possible in one's particular business community and to keep networking until the funds are located. In addition, the startup's founder(s) must do their own due diligence and research the venture capitalists and angel investors that have expressed an interest. A particular investor may not be appropriate for the business selected.

In Oregon and anywhere else the concern of a small business when it becomes embroiled in a court case with another company goes beyond just the dollars and cents pertaining to the disputed claim. The small business owner must also worry that the company does not get off of its focus and its mission by the distraction of an emotional adversary battle. That kind of obsession can build up in business litigation when the case involves multiple depositions of key executives and extensive e-discovery that is technical enough to get anyone out of focus.

One regretful aspect of the problem is that the company might be required to invest serious time and resources on issues that have little or nothing to do with the company's business activities. The claims may have more to do with fuzzy demands and unfounded legal assertions. These matters may nonetheless require large investments of time by high-level managers. Almost every case between business entities will involve time-consuming data searches looking for the answers to detailed inquiries by the other side.

It is common sense that a business owner in Oregon should have a battery of business agreements to use for various situations that come up in the course of doing business. Contracts are something in which an experienced business law attorney excels. Whenever possible, obtain the attorney's expertise when attempting to draft agreements in the business. After all, the professional processing of business transactions is a win-win proposition which leads logically to increased business for the company.

There are some general contract-drafting principles that a business owner can remember. There may be times when it is necessary to act quickly and to create a contract for oneself, but it is also worthwhile to know these principles while working in cooperation with the company's business law attorney.  Make sure that all of the information that is the subject matter of the contract is detailed and recorded prior to attempting to draft an agreement.

High tech companies located in Oregon and other states appear to be occupied with a constant flow of patent and intellectual property litigation. One case that has lingered for years is a business litigation matter in which networking giant Cisco sued newcomer and hated competitor Arista Networks for allegedly stealing Cisco's vital intellectual property assets. Cisco alleges that Arista, which has been quite profitable and successful, made its mark on the back of Cisco's proprietary technology.

Cisco's claims are credible considering that Arista was formed and is being run by a group of renowned engineers who were a part of the inner circle of creators at Cisco in prior years. Recently, the CEO of Cisco announced that it will settle litigation with Arista for payment to Cisco of $400 million. The news seems to have benefited Arista more than its larger competitor. Arista's stock went up and its investors were reportedly enthused at the closing of the litigation for an amount that Arista could well afford.