Practice Area

Practice Areas

We offer an array of civil litigation and transactional legal services.

Wolk & Levine, LLP is a boutique business law firm. Our attorneys provide attentive services to businesses, business owners, executives, and entrepreneurs throughout California. We work with companies helping them expand and increase profits while becoming and remaining legally compliant. We welcome the opportunity to meet with clients, but are able to successfully and efficiently communicate with clients via email, facsimile, telephone, and teleconferences as well. This allows us to assist clients throughout California without in-person meetings.

The list of practices areas to the right represents the services that we frequently provide to our clients. Please contact our offices if you need assistance with something not on this list. If we do not have an attorney who can help you, we will happily provide you with a referral when possible.

Our Expertise & Practice Areas

Estate Planning

Asset Protection

Whether you have personal or business assets at risk, our attorneys can help you evaluate your possible liability and prepare a plan to minimize your current and potential exposure. Comprehensive asset protection involves proper corporate formation and compliance, sufficient capitalization, the proper levels of insurance, up-to-date contracts, and proper asset naming, division, and holding practices. Wolk & Levine, LLP takes a wholistic approach to asset protection and will work with your other advisors to prepare a plan that is complete, as well as manageable.

Our attorneys have experience in preparing various revocable and irrevocable trusts, forming holding companies, and drafting leases and licensing agreements to properly distribute your assets and intellectual property between multiple entities to reduce individual liability.

Contact our office today for a consultation to find out how we can assist you with your estate planning and asset protection needs.

General Estate Planning

Our office has relationships with tax and insurance professionals to assist you in creating a comprehensive estate planning and asset protection plan.

The following are example packages prepared for other clients. You are welcome to choose from these options or ask one of our attorneys to prepare a custom plan for you and your family.

Trust Estate Plan Package 1
•A living trust to hold your assets to be distributed after your passing without subjecting your beneficiaries to the hassle of probate;
•A pour-over will placing all assets not accounted for in the living trust (such as those acquired later in your life or which were not placed in the trust by accident) into the trust at the time of your passing;
•Certification of Trust to be presented to financial institutions and lenders;
•Instructions for maintenance of your trust during your life and after your passing;
•Trust folder;
•Printing on 24lb durable paper;
•Free consultation with an attorney.

Living Trust Estate Plan Package 2 – Basic Living Trust Estate Plan with Real Property
•A living trust to hold your assets to be distributed after your passing without subjecting your beneficiaries to the hassle of probate;
•A pour-over will placing all assets not accounted for in the living trust (such as those acquired later in your life or which were not placed in the trust by accident) into the trust at the time of your passing;
•Certification of Trust to be presented to financial institutions and lenders;
•A healthcare directive to pass on your wishes regarding life support in the event that you become incapacitated;
•Powers of attorney appointing individuals of your choosing to manage your affairs should anything happen to you;
•Transfer and assignment paperwork, including deeds, to properly fund your trust and avoid probate, as well as county preliminary transfer reports.
•Instructions for maintenance of your trust during your life and after your passing;
•Trust folder;
•Printing on 24lb durable paper;
•Free consultation with an attorney.

Living Trust Estate Plan Package 3 – Living Trust Estate Plan with Life Insurance Or Generation Skipping Trusts
•A living trust to hold your assets to be distributed after your passing without subjecting your beneficiaries to the hassle of probate;
•A pour-over will placing all assets not accounted for in the living trust (such as those acquired later in your life or which were not placed in the trust by accident) into the trust at the time of your passing;
•Certification of Trust to be presented to financial institutions and lenders;
•A healthcare directive to pass on your wishes regarding life support in the event that you become incapacitated;
•Powers of attorney appointing individuals of your choosing to manage your affairs should anything happen to you;
•Irrevocable Life Insurance Trusts or Generation-Skipping Trusts;
•Transfer and assignment documents, including deeds, stock transfers, LLC membership interest and intellectual property assignments;
•Instructions for maintenance of your trust during your life and after your passing;
•Custom Trust Binder;
•Printing on 24lb durable paper;
•Free consultation with an attorney; and
•Free revisions for 1 year.

Living Trust Estate Plan Package 4 – Comprehensive Living Trust Estate Plan with Investment Property
•A living trust to hold your assets to be distributed after your passing without subjecting your beneficiaries to the hassle of probate;
•A pour-over will placing all assets not accounted for in the living trust (such as those acquired later in your life or which were not placed in the trust by accident) into the trust at the time of your passing;
•Certification of Trust to be presented to financial institutions and lenders;
•A healthcare directive to pass on your wishes regarding life support in the event that you become incapacitated;
•Powers of attorney appointing individuals of your choosing to manage your affairs should anything happen to you;
•Irrevocable Life Insurance Trusts or Generation-Skipping Trusts;
•Asset Protection Limited Liability Company (LLC) to hold investment property while shielding your other assets from liability;
•Transfer and assignment documents, including deeds, stock transfers, LLC membership interest and intellectual property assignments;
•Instructions for maintenance of your trust during your life and after your passing;
•Custom Trust Binder;
•Printing on 24lb durable paper;
•Free consultation with an attorney; and
•Free revisions for 1 year.

Living Trust Estate Plan Package 5 – Comprehensive Living Trust Estate Plan with Investment Property and Qualified Personal Residence Trust
•A living trust to hold your assets to be distributed after your passing without subjecting your beneficiaries to the hassle of probate;
•A pour-over will placing all assets not accounted for in the living trust (such as those acquired later in your life or which were not placed in the trust by accident) into the trust at the time of your passing;
•Certification of Trust to be presented to financial institutions and lenders;
•A healthcare directive to pass on your wishes regarding life support in the event that you become incapacitated;
•Powers of attorney appointing individuals of your choosing to manage your affairs should anything happen to you;
•Irrevocable Life Insurance Trusts or Generation-Skipping Trusts;
•Asset Protection Limited Liability Company (LLC) to hold investment property while shielding your other assets from liability;
•Qualified Personal Residence Trust to minimize the tax basis for your primary residence;
•Transfer and assignment documents, including deeds, stock transfers, LLC membership interest and intellectual property assignments;
•Instructions for maintenance of your trust during your life and after your passing;
•Custom Trust Binder;
•Printing on 24lb durable paper;
•Free consultation with an attorney; and
•Free revisions for 1 year.

Restaurants and Convenience Stores

At Wolk & Levine, LLP, we share in your passion for your business. You will often find our attorneys eating at our clients’ restaurants or otherwise using their services. Owning a restaurant can be an exhausting endeavor fraught with potential for liability but our clients all agree that is is also an extremely rewarding business. Running a restaurant takes equal parts passion and good advice and our attorneys are ready to assist you with successfully navigating the course.

Our attorneys have extensive experience with business formation and investment deals, to help you turn your passion into the start of a business. In the months before you launch, Wolk & Levine, LLP can help you develop the concept for your restaurant, ensuring that your intellectual property is clear and properly registered and protected. We have relationships with insurance companies, consultants, and real estate brokers, and will be there to review your agreements and leases as you develop the right team for your business.

Do you need help obtaining a business license, conditional use permit, or liquor license? Our attorneys can walk you through the process of dealing with city and state regulation for your business and represent you before the City Council in permit and licensing proceedings. We can also assist you with the compliance issues associated with hiring employees and ensure that you and your business are protected from both internal and external threats. Wolk & Levine, LLP can prepare the documents needed to avoid conflicts with your staff and suppliers. But, should a dispute arise, our attorneys will advocate on your behalf.

As you expand your restaurant, Wolk & Levine, LLP will be there to develop a plan for expansion, whether that includes additional locations, franchising, joint ventures, or sales.

Employment Law

Employment Agreements:

Our attorneys will prepare an employment agreement template, or templates, for you to use with your existing and future employees. Protect your interests and company property with non-disclosure and non-compete provisions. Your business may have very valuable intellectual property and confidential client information that should be kept safe and protected from everyone, including your current employees. Not only will our agreements make your business run smoothly, they will assist and protect your business when the time comes to separate from one of your employees.

Have you ever worried about your employees starting a competing business? Contact us today for a free consultation and have one less thing to worry about.

Employee Policies and Handbooks:

In addition to an employment agreement with each of your employees it is important to maintain uniform policies for workplace performance, behavior, and vacation procedures. Our attorneys can prepare these policies for you as well as for your employees in the form of an Employee Handbook. Your handbook will clearly lay out company policy and help reduce your potential liability in the event of an adverse legal action taken by a disgruntled current or former employee. We will help you establish guidelines for employee phone and cell phone use, email and computer use, even proper use of social networking sites with relation to the business.

Document Audit:

Do you already have employment agreements and employee policies? When was the last time they were updated? Our attorneys stay up-to-date with the latest employment law regulations and cases and can help ensure that your documents are in compliance with recent laws and the latest technology. Do you have a Twitter and Facebook policy? — you should! The activities of your employees online can have a serious impact on your business.

Independent Contractor Agreements:

Are you hiring someone on a temporary basis? Do you need an agent or sub-contractor to assist you with an existing job or project? If you want to work with someone but do not want a regular employment relationship, an independent contractor agreement may be just what you need. Let our attorneys draft a custom independent contractor agreement to protect you from liability and memorialize the terms of your agreement.

Recent Developments:

The Federal Trade Commission (FTC) recently released updated guidelines aimed at protecting consumers from potentially misleading endorsements. Under these new rules, an employer could be liable for statements made on non-employer maintained websites (such as personal blogs, MySpace, Facebook, and Twitter) by employees. Employees are now required to disclose their relationship to an employer when making endorsements even if those endorsements reflect their own thoughts, opinions and beliefs. A misleading statement by an employee made on one of these social networking sites can expose an employer to expansive liability and it is recommended that all employers review their employment policies to ensure that situations such as these are covered. Avoid potentially costly litigation by updating your employment agreements today!

Litigation & Disputes

State and Federal Court:

Wolk & Levine, LLP litigation attorneys work to achieve the best results possible for you and your business when engaged in lawsuits. However, we strive to avoid litigation and look for creative solutions to problems that bring cost-effective and efficient resolutions. We take a realistic approach to business and acknowledge that sometimes lawsuits are unavoidable or necessary.

General Estate Planning

Some trademark disputes are resolved through the Trademark Trial and Appeal Board, instead of through the regular state and federal civil courts. Wolk & Levine, LLP’s trademark attorneys handle both the prosecution and defense of TTAB cases. We know the specific rules and regulations applicable to TTAB, as opposed to regular state and federal civil court that many attorneys are familiar with.

E-Commerce and Gaming Litigation

Most businesses have expanded to include an online presence and are conducting online sales. This expansion has become so commonplace that it is possible to have a website up and running within a day. However the legal aspects of such actions are often overlooked. The migration of brick and mortar commerce to “e-commerce” has been accompanied by numerous revisions to existing legislation and new case law governing the process of contracting online.

Our attorneys are up to date on the most recent laws and legal opinions concerning internet and e-commerce law and regularly contribute to practice guides and publications on recent trends in these areas. Wolk & Levine, LLP has also worked with international companies concerned with gaming and gambling regulation for their websites, as well as compliance issues for sweepstakes, contests, and auctions.

Intellectual Property and Online Disputes:

Your intellectual property serves multiple roles online identifying you to your consumer and, in most cases, giving the location of your website or online store through your domain name. Wolk & Levine, LLP offers intellectual property services that range from registering and licensing copyrights and trademarks to assisting with disputes regarding infringement and “cybersquatting.”

Online Agreements:

Our attorneys can review your current contracts to make sure they protect you when you expand your business to include online sales or draft new, custom, contracts to suit your needs. When considering online contracting and online sales new concerns arise and provisions for arbitration and choice of forum take on increased importance.

Advertising and Contests:

Online advertisements and contests are regulated by a patchwork of state and federal laws and may also include private service provider policies when sites such as Facebook and Twitter are involved in a campaign. Our attorneys can help you navigate these potential compliance pitfalls, review and clear copy, and prepare registration filings and terms for contests and give-aways.

Cloud Law:

The laws surrounding standard online content are experiencing another shift as the trend in e-commerce shifts from static content available for download to a dynamic relationship between content providers and content consumers hosted through “cloud” services and servers. Our attorneys are well versed in this emerging legal field and can help you as you expand your business to include the latest in cloud technology.

Homeowners Association

Property belonging to a community or development that is governed by a homeowners’ association (HOA) inhabits a unique legal landscape. Driven by service and results, our attorneys use their extensive knowledge of this landscape to successfully represent the interests of HOAs and their members in a variety of matters.

Alternative Dispute Resolution (ADR)

Many disputes with HOA members cannot be resolved through an HOA’s own mechanisms and procedures. In such cases, alternative dispute resolution (“ADR”) can be an effective and efficient method of avoiding litigation and resolving a dispute. Our attorneys have the skills and experience necessary to achieve the most favorable results for our clients.

Amendment and Enforcement of CC&Rs

The Covenants, Conditions, Restrictions & Reservation of Easements (CC&Rs) contained in an HOA’s governing documents are binding on all HOA members and are critical to protecting their interests. We assist our clients in taking the steps required to amend and update their CC&Rs, ensure fair enforcement against all owners, and work to address any violations of an HOA’s governing documents.

Litigation

While many disputes impacting HOAs and their members can be resolved without judicial intervention, sometimes litigation becomes necessary. When it does, we provide our clients with zealous and effective representation. From initial case evaluation, to settlement negotiation, to trial, we devote personalized attention to our clients’ needs and represent their interests with drive and commitment. Our attorneys have litigated cases on behalf of HOAs and their members.

Record Requests

An HOA is required to maintain various records and items of information in the course of its operation. It is common for HOA members to request copies of such records and information, especially when a dispute arises between an HOA and its members. We work to provide our clients with an understanding of the HOA’s responsibilities in responding to these requests, while also striving to protect against wrongful disclosure of sensitive, confidential, or privileged information.

Intellectual Property

Whether you’re a business owner, writer, or artist, your intellectual property may be the most valuable asset you own; feel safe knowing an attorney is working to protect your interests. In addition to trademark and copyright registrations, contracts, licensing, and monitoring, we can help you resolve intellectual property disputes and pursue others for violations of your rights.

Trademark, Copyright, and Patent Registration:

Our services begin with a direct hit search of prior and pending registrations for conflicts with your application. Once this is completed we will:

•Prepare your application;
•Submit your application electronically;
Be the contact on record to notify you of updates on your application
Respond to any office action relating to the application, such as for clarification of the identify of the registrant or problems with the design or specimen.

If you use our services to register your trademark we offer a discount on monitoring services after your application is accepted.

Comprehensive Search:

Even if you have checked the United State Patent and Trademark Office to see if your intended trademark is available, your application may still be rejected. The standard for determining whether two trademarks conflict is whether they are “confusingly similar” so even if your name is available it may still be unregisterable if there are similar registrations. Additionally, common law trademark protection attaches as soon as someone starts to use a mark in commerce.

To avoid potential complications with your application our attorneys can prepare a comprehensive search to determine the availability of your mark then encompasses current and pending federal registrations, state trademarks, and common law uses. Additionally, if we perform a comprehensive search before submitting your application we will respond to any office action that may arise for your application free of charge.

Office Actions:

Once your application has been reviewed by the examining attorney there may be additional information you are required to submit to avoid abandonment. If we have prepared your application then we will respond to any office action that pertains to our filing, such as for the design or specimen, and if we have performed a comprehensive search we will respond to all office actions on your file free of charge.

Patents:

Wolk & Levine attorneys can assist you with filing provisional, design, and utility patent applications. We work with mechanical, electrical, software, chemical, and business method inventions, and offer assistance with protecting your rights domestically and internationally. Other patent services available include infringement litigation and opinions on infringement, validity, freedom to operate, and patentability.

Licensing and Intellectual Property Agreements:

Licensing

– We can prepare agreements for you to license the use of your intellectual property without losing control or ownership. Our licenses are completely customized by an attorney to suit your particular needs and industry.

Assignments

– If you’re interested in selling or assigning your rights in a trademark, patent, or copyright we can prepare the paperwork for you and even negotiate the deal.

Cease and Desist Letters:

If you think someone has infringed on your rights we can prepare a “cease and desist” letter informing them of their unlawful activity and the need for them to stop immediately. We will also include all the releases and paperwork necessary to resolve the situation and even transfer ownership of infringing domain names if applicable.

Business Services

Asset Protection

Wolk & Levine, LLP is a full-service business law firm providing assistance with formation, hiring of employees, intellectual property registration, negotiating and drafting contracts, business valuation and sales, franchising, and dispute resolution.

Are you a:

Startup?
Content Creator?
Established Brand?
Company Shareholder, Owner, or Officer?

Corporate Maintenance:

California law requires all corporations to maintain certain records and file specific documents periodically with the Secretary of State to remain in good standing. Failing to meet these obligations may result in the loss of personal asset protection of the corporation’s directors and shareholders. Wolk & Levine, LLP prepares and keeps the necessary minutes of meetings, resolutions of the Board of Directors, Statements of Information, and more to avoid potential corporate suspension or personal liability.

Partnerships:

If you’re conducting business with another party, you may already have a partner. Reducing your relationship to writing is a safe and smart way to create a clear division of duties, ownership, and profits to avoid future disputes. If you are conducting business, and sharing profits, with another person, you may be jointly and severably liable for their actions as well as the actions of the partnership entity. Having a written partnership agreement can not only define the rights and responsibilities of each partner, it can also limit the liability of certain partners in specific situations.

Nonprofits:

Running a charity is an admirable and rewarding venture that benefits individuals and society as a whole. But, to maintain nonprofit status, you must comply with strict legal mandates. Wolk & Levine assist in the formation, application for tax exempt status, and company maintenance of all types of nonprofit entities including mutual benefit corporations and 501(c)(3) nonprofit corporations.

Contracts and Negotiation:

Very few types of agreements are legally required to be in writing. We memorialize our agreements in written contracts because we want to preserve the understanding of the parties, an understanding that may change over time or be affected by the circumstances of the relationship. In essence, written agreements act as a safety-net in the event of a worst-case scenario. Because of that, our attorneys will negotiate on your behalf and work to draft the most favorable agreement for your position, always keeping in mind how the contract will hold up in the event of a complete break-down of the relationship.

From business deals to assignments to pet custody and arbitration agreements, we will listen to what you want in the contract and draft a contract to fit your needs. If you are starting a business with a corresponding website, you will need various disclaimers and will need to be in compliance with legal privacy standards. Wolk & Levine, LLP can draft privacy policies and provide suggestions on how to inform your clients and viewers of your policies and disclaimers.

In addition to contract drafting and negotiation services, Wolk & Levine, LLP can also review existing contracts and those written by a third party. Are you a writer? Are you in the entertainment industry? For a minimal retainer, we will review your contracts and provide suggestions to ensure that your rights are properly protected.

Securities and Investments:

The Wolk & Levine, LLP securites practice is focused on investments and corporate finance for new business ventures, privately held companies and entertainment projects. Our attorneys have experience with the preparation and registration of all forms of business entities as well as the various options available for raising capital through private placement memorandums and registered public offerings.

Choosing the right structure and type of offering will depend on the nature of your business, your target investors, and the long-terms goals of your company. Allow our firm to act as your advisor as you navigate the state and federal regulations associated with raising money so that you can focus on continuing to grow and expand your business.

In addition to corporate finance services, Wolk & Levine, LLP also offers a number of complementary services to benefit your company, including equipment leasing and financing, intellectual property registration and licensing, and the structuring and implementation of partnerships, joint ventures, and mergers.

Real Estate:

Most businesses encounter issues with real estate at some point in their operation. Even businesses that operate primarily online need a place for their equipment, their inventory, or their personnel. Wolk & Levine, LLP has experience with real estate transactions including buy-sell agreements, commercial and short-term leases, wrap-around and loan assumption deals, warehousing and storage matters, and litigation.

Whether you are in the midst of a dispute, or just need assistance with negotiations or a review of documents, our attorneys can guide you through the process.

Estate Planning

Asset Protection

General Estate Planning

Whether you are interested in a simple living trust estate plan to avoid the time and expense of probate, or have a large estate you wish to shield from liability, our estate planning attorneys can assist you in creating a custom plan for a flat rate.
Our office has relationships with tax and insurance professionals to assist you in creating a comprehensive estate planning and asset protection plan.
The following are example packages prepared for other clients. You are welcome to choose from these options or ask one of our attorneys to prepare a custom plan for you and your family.

Trust Estate Plan Package 1

A living trust to hold your assets to be distributed after your passing without subjecting your beneficiaries to the hassle of probate; A pour-over will placing all assets not accounted for in the living trust (such as those acquired later in your life or which were not placed in the trust by accident) into the trust at the time of your passing; Certification of Trust to be presented to financial institutions and lenders; Instructions for maintenance of your trust during your life and after your passing; Trust folder; Printing on 24lb durable paper; Free consultation with an attorney.