Morgantown Business Law Attorney

Morgantown Business Lawyer

If you are starting a new business – recently started a business – or looking to expand….

You know there is so much to do and so little time to do it. Do not make the process more difficult and certainly do not expose yourself to liability!

At Meadows Law PLLC, I take an outcome-based approach as your business law attorney and will service all your business needs. This begins during the initial consultation, where we will determine your: (1) current status, (2) desired outcomes, (3) additional concerns and (4) timeline.

After this, I go to work. I understand that this is an important aspect of your business —but not the only aspect of your business. Therefore, I am willing to meet outside working operating hours and can be reached 24 hours a day.

Tech Start-ups & Compliance

The phrases: Business technology, online businesses, Technology as a Service (TaaS), Financial Technology (fintech), and many others – are used to associate what you offer – with what people know and understand.

However, your legal guidance should not be standardized or simplified. Many businesses in the technology industry face unique legal challenges because they have: (1) unconventional business models; (2) unclear standards under preexisting law; and (3) evolving company roles and needs.

As your attorney, I want to protect your emerging technology – not simplify it. I offer standard services, such as the creation of business entities, non-disclosures, and covenants not to compete. Additionally, I have the background knowledge and resources to help develop policies and procedures that are effective and in compliance with U.S. law.

Services Include:

Formation- Drafting and filing creation of new business entity, operating agreements, shareholder buy-sell agreements, internal documentation establishing procedures and protection for intellectual property; data acquisition and retention; and terms of use agreements.

Operation- Third-party Agreements, including agreements for: employees; independent contractors, and consultants. State and Federal law compliance assessments, and policy recommendations.

Protection- Covenants not to compete, non-solicitation agreements, cease. and desist letters, business disputes, and litigation.

Franchise Agreements – Negotiation and drafting of franchise contracts, particularly for well-known brands, involving substantial legal fees and potential revenue for clients. Franchise agreements in West Virginia must comply with federal laws like the Federal Trade Commission Franchise Rule, and state-specific requirements. The agreements must ensure transparency about fees and obligations to protect both franchisors and franchisees.

Music and Media Licensing – Focused on arranging the legal rights to use music or media in commercial projects, which can involve large sums due to the value of creative works. While music and media licensing is governed by federal copyright law, contracts in West Virginia must be drafted to align with state business law principles. This includes ensuring proper registration and compliance with any state-specific taxation or business operation requirements.

Non-Compete Agreements – Non-compete agreements restrict former employees or business partners from working with competitors or starting a similar business within a defined time frame and geographic area after leaving a company. They help businesses protect trade secrets, client relationships, and competitive advantages. In West Virginia, non-compete agreements must be reasonable in duration, geographic scope, and scope of activities restricted. The courts balance the employer’s interest in protecting its business with the employee’s right to earn a livelihood. If a non-compete is overly broad or
unreasonable, it may be deemed unenforceable. Proper drafting is essential to ensure compliance with WV law.

Commercial Lease Agreements – Commercial lease agreements govern the rental of property for business use, detailing terms like rent, lease duration, maintenance responsibilities, and permitted use of the premises. These agreements secure long-term commitments from tenants, providing stability for both landlords and businesses. West Virginia law requires that commercial leases comply with the state’s landlord-tenant statutes, which address issues like lease termination, rent obligations, and property maintenance. Additionally, leases must align with zoning regulations and local ordinances that affect the type of business activities allowed on the premises. The WV Uniform Commercial Code (UCC) also plays a role in defining certain contractual terms for commercial leases.

Aircraft and Vessel Financing – Legal services for securing financing for high-value assets like planes or ships, with a focus on compliance and contract drafting. While federal regulations primarily govern aircraft and maritime transactions, West Virginia laws impact aspects like registration, liens, and state-level tax considerations. Legal work involves ensuring that all state compliance and lien filings are properly handled to secure ownership interests.

Healthcare Facility Equipment Leasing – Involves assisting hospitals, clinics, and nursing homes in West Virginia with leasing or financing high-value medical equipment, such as MRI machines, X-ray devices, and patient monitoring systems. Legal work includes drafting lease agreements, managing warranties, and ensuring compliance with state health regulations. In West Virginia, healthcare facilities must comply with both state health regulations and federal guidelines such as those under the Centers for Medicare & Medicaid Services (CMS) when acquiring medical equipment. Leasing agreements must ensure that equipment meets all regulatory standards for patient care and safety. West Virginia law also requires healthcare facilities to adhere to specific record-keeping and reporting requirements for the maintenance and use of medical equipment, which should be reflected in lease terms. Additionally, the West Virginia Board of Medicine may have oversight for certain medical equipment that directly impacts patient care, requiring legal attention to compliance during the leasing process.

Construction Equipment Financing – This area focuses on securing financing or leasing for heavy machinery used in construction projects, including bulldozers, cranes, and excavators. It involves drafting equipment lease agreements, managing liens, and ensuring that the terms align with construction project timelines and risks. In West Virginia, construction equipment financing must comply with state contract laws and the West Virginia Uniform Commercial Code (UCC), which governs secured transactions and liens on equipment. Equipment leases should address the conditions of use, maintenance, and transfer of ownership or repossession in case of default. West Virginia’s mechanics lien laws may also impact financing arrangements if disputes arise over payments on construction projects, making it essential to draft agreements that clearly define responsibilities and prioritize lien positions.

Manufacturing Equipment Financing – Involves helping manufacturing businesses in West Virginia secure loans or leasing options for industrial equipment like CNC machines, robotic assembly lines, and specialized production machinery. This practice includes structuring financing deals and drafting equipment leases. Financing for manufacturing equipment in West Virginia must adhere to the state’s Uniform Commercial Code (UCC) for secured transactions. This involves perfecting security interests through filings with the WV Secretary of State to protect lenders interests in the financed equipment. Additionally, any lease agreements must comply with state contract laws to ensure enforceability and address contingencies such as default, repossession, and warranty claims. West Virginia’s business incentives for manufacturing, such as the Manufacturing Investment Tax Credit, can also play a role in structuring financing arrangements to maximize benefits for clients.

Telecommunications Equipment Financing – This practice area involves helping telecom companies secure financing for the purchase or lease of cell towers, fiber optic cables, and network infrastructure. Legal work includes drafting lease agreements, managing loans, and ensuring regulatory compliance with the Federal Communications Commission (FCC). While telecommunications financing is heavily regulated at the federal level by the FCC, West Virginia law also plays a role in zoning and land use regulations related to the installation of telecommunications infrastructure. Legal work includes ensuring that equipment leases comply with local zoning laws and obtaining necessary permits from county or municipal authorities. Additionally, financing arrangements must adhere to the UCC for secured transactions within the state, ensuring that lenders’ interests are properly recorded and protected. West Virginia’s broadband expansion initiatives may also provide state-level incentives or grants that can impact financing terms for telecom infrastructure projects.

Intellectual Property Law Services

Copyright Registration for Creative Professionals. Copyright registration is crucial for artists, musicians, software developers, publishers, and content creators looking to protect their work. The registration process is standardized and typically involves filling out forms and ensuring compliance with administrative guidelines.

Software Licensing Agreements. Software licensing can involve substantial revenue for both the licensor and the licensee, particularly in tech-heavy industries; software developers, SaaS companies and tech startups. These agreements are often based on standard licensing terms with minor modifications for each client.

Domain Name Disputes (UDRP) – Resolving domain name disputes under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) can lead to quick resolutions with significant client interest to businesses, trademark holders, and domain name investors. The UDRP process is relatively streamlined, relying on arbitration rather than lengthy litigation.

Healthcare Law Services

Medical Practice Sales or Mergers. The sale or merger of medical practices, especially high-earning specialties, can involve significant sums. These transactions often involve reviewing contracts and regulatory compliance, with well-established processes for doctors, healthcare groups and private equity firms.

HIPAA Compliance for Small Healthcare Providers. Healthcare providers, even small practices, must comply with HIPAA regulations, which can result in high consulting fees. The work involves reviewing policies and implementing standard procedures to ensure compliance for medical practices, dental offices, and clinics.

Contact Meadows Law Office today for a consultation with a trusted Morgantown business law attorney.