Commercial Law

Commercial law governs the broad areas of business, commerce, and consumer transactions. Specific law has developed in a number of commercial fields. These include Banking, Bankruptcy, Consumer credit, Debtor and creditor, Landlord-Tenant, Mortgages, Negotiable instruments, Real estate transactions, Sales, and Secured transactions.  The Uniform Commercial Code, which has been substantially adopted as statutory law in nearly every state, governs numerous areas of commercial law

Contracts

An agreement between private parties creating mutual obligations enforceable by law.  The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.  In some states, element of consideration can be satisfied by a valid substitute.  Possible remedies for breach of contract include general damages, consequential damages, reliance damages, and specific performance.

Ehlert & Associates provides initial drafting, review, and negotiation of business contracts, including…

  • Day-to-day contracts
  • Management contracts
  • Consulting contracts
  • Employment contracts
  • Construction project contracts
  • Equipment purchase or lease

Because of the variable nature of the parties, subject matter, detail, and structure of these agreements, we use an hourly fee structure based on your circumstances. Inquire for details.

Employment

Employment law is a broad area encompassing all areas of the employer/employee relationship. Employment law consists of thousands of federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (such as minimum wage regulations) were enacted as protective labor legislation. Other employment laws take the form of public benefits, such as unemployment compensation.

Some major areas of employment law include employment discrimination, unemployment compensation, and pensions.

Ehlert & Associates advises employer-clients in these areas of law prior to disputes, and works with employers after claims have been brought.

Consumer credit

Credit allows consumers to finance transactions without having to pay the full cost of the merchandise at the time of the transaction. A common form of consumer credit is a credit card account issued by a financial institution. Merchants may also provide direct financing for products which they sell. Banks may directly finance purchases through loans and mortgages.

The law of consumer credit is primarily embodied in federal and state statutes. These laws protect consumers and provide guidelines for the credit industry.

Ehlert & Associates guides clients through state and federal regulations to avoid violations when dealing with consumers.

Payment systems

The “payments” side of commercial law includes traditional devices (cash, checks, promissory notes) and their more recent plastic and electronic substitutes (credit and debit cards, electronic transfers, Bitcoins, whatever). Transactions in negotiable paper are the subject of several articles of the UCC; the plastic and electronic systems are governed by federal statutes and regulation, as well as by private contract. Behind the statutes is one of the great common-law inventions: “negotiability.” 

Ehlert & Associates advises clients on payment processing and the regulatory compliance required in transactions.

Secured transactions

The law of secured transactions in the United States covers the creation and enforcement of a security interest.  A secured transaction happens when a person or business borrows money for the purpose of acquiring property, including real estate, vehicles or business equipment. A security interest exists when a borrower enters into a contract that allows the lender, or secured party, to take collateral the borrower owns in the event that the borrower cannot pay back the loan.  The term “security interest” is often used interchangeably with “lien.”

Ehlert & Associates represents borrowers and lenders in secured transactions – before, during, and after.