Business Law Center of Hawaii believes it is more important to do a few things very well than to do many things less effectively. Amongst those services which we have extensive experience in providing are the following:
Service Contracts

Business Law Center of Hawaii’s primary experience in drafting, reviewing, and negotiating service contracts is in environmental treatment systems, engineering contracts, chemical production agreements, construction agreements.

Custom vs. Form: Which is right for you?
Many clients come to us saying “I already have an agreement that I use for every project” or “I’ve been using this form that I found online”.  Our advice is always the same: toss it out and start from scratch.  No two business are exactly the same, just as no two projects are exactly the same.  As such, every business should have a living set of terms and conditions for the services or products it offers which is revised from one project to another, and which continues to evolve as the business does.  Likewise, businesses need to understand that the terms and conditions governing a service contract are not to be used for services or products being procured by the business, for secrecy agreements, for consultant agreements, etc.  If you wouldn’t entrust your health to strangers over the internet, why would you entrust your business and your livelihood to them?
Commercial and Legal Negotiations

Drafting and reviewing contracts are incredibly important, but they don’t mean much if nothing is successfully negotiated.  Unlike many commercial attorneys, Business Law Center of Hawaii’s philosophy behind negotiating contracts is simple: be fair and be pragmatic.  If two attorneys can get on the phone and negotiate an agreement, more often than not, a fair agreement that benefits all parties can be reached.
General Business Advice

In addition to contract and other advice, our clients also look to Business Law Center of Hawaii for general business advice thanks to Steve and Wayne’s decades of combined business experience, from Steve’s experience working in executive, management and legal capacities for a number of mid-size corporations, as well as Wayne’s degree in business from the Shidler College of Business and years spent learning from Steve here at Business Law Center of Hawaii.
Business Formation and Reorganization

As Steve Jobs has said numerous times, “doing it right the first time [is] easier than having to go back and fix it.” Although this philosophy meant focusing on innovation and quality in Apple’s products, this philosophy also applies to a business’s formation: correctly deciding and spelling out an owner’s liability, percentage of ownership, dispute resolution, corporate structure, rights of first refusal, type of business entity, etc. when forming a business will help to prevent issues down the line whether the issues are internal (e.g., internal disputes, dissolution, death of an owner, etc.) or external (e.g., piercing of the corporate veil, taxation, etc.).
Mergers and Acquisitions

One of the most complex areas of the law, mergers and acquisitions, or M&A, transactions can be quite frequent and can involve incredibly complex versions of typical contractual issues like taxation, warranties, indemnifications, joint and several liability, method of payment, covenants not to compete, closing conditions, etc.  It is important to keep in mind that not only is the buyer purchasing a business or its the assets, the buyer may also be purchasing  the target business’ liabilities.
Due Diligence

When purchasing a car, one typically will take a number of test drives, read numerous reviews, talk to professionals, talk to friends and family, research a brand’s reliability or perhaps its nature as a status symbol, etc.  This is essentially what due diligence is.  When deciding to purchase a new business, invest in an existing business or lend money to a business, there’s unfortunately no dealerships to take test drives and often there are no thorough reviews of the businesses or their practices.  Instead, we believe, there should be knowledgeable investigators evaluating a company’s financial statements, insurance history, potential risks, ongoing lawsuits, personnel practices, intellectual property rights, etc. and reporting back to the client on whether the business’s commercial potential outweighs any current or potential risks and whether or not the current price tag is justifiable.
Secrecy, Non-Disclosure and Confidentiality Agreements

Whether your trade secrets and proprietary technology need protection or you are being asked to sign a confidentiality agreement which protects someone else’s secrets, don’t underestimate how critical the language of the confidentiality agreement can be.  Like almost all contracts, secrecy agreements are not just boilerplate.  They usually need to be customized to fit the occasion.  Yes, almost every secrecy agreement that finds its way on our desks contains the same basic provisions (e.g., defining the same handful of obligations and exceptions, providing for injunctive relief, etc.).  However, there are numerous issues that come up in every secrecy agreement which just are not addressed by boilerplate.  Common issues include ensuring that (1) the disclosures are limited to specific situations and to specific people/entities, (2) the party receiving the confidential information is obligated to keep that information secret for as long as possible, (3) the confidential information is only used by the other party as you intend for it to be used, (4) will specific marking of information be required before protections are applied – and the list goes on.

Whether you’re the franchisor or the franchisee, the world of franchises is incredibly unique and incorporates numerous areas of the law, including general commercial law, Federal Trade Commission (FTC) and state regulations and laws, business formation and reorganization, intellectual property, and, as such, comes with its own unique set of contractual issues.
Commercial Property Leases

Although at their heart commercial leases are just contracts, proper understanding of commercial real estate leases requires the understanding of the language of real estate in order to negotiate issues like holdover tenancy, usable space vs. rentable space, exclusivity during negotiations, ownership of improvements, etc.  The most important thing to understand, and the most important thing that is often overlooked is that commercial leases are negotiable—never let a landlord pressure you into signing a lease that has not been reviewed and negotiated!