Commercial Business Litigation in Boise, ID

1. Do I need a business attorney, or can I settle this dispute on my own?

If a matter is already in litigation, talk to an attorney right away. Even if litigation is only likely, there are steps you can — and should — take early to protect your business.

Knowing about a dispute that could lead to litigation can create legal obligations. For example, you may be required to preserve certain records to avoid extra liability.

Getting an attorney’s advice early also helps in another way. It gives you a clear picture of your legal rights and a cost-benefit analysis of your options — settlement, litigation, or other dispute resolution methods.

Litigation often results from mismanaging a dispute. Many disputes could have been resolved informally, with less time and expense, given the right legal guidance from the start. Business owners who try to “do it themselves” to save money often end up spending more on attorney’s fees later — after the issue has grown or gotten more complicated.

2. Can I sue for breach of a verbal contract?

Generally, yes — verbal contracts are enforceable, with some exceptions. They can be harder to prove than written contracts. That’s not because they carry less legal weight; it’s because the evidence of their existence is less certain. 

An Idaho business litigation attorney can review a potential dispute over an oral contract and advise you on enforceability, defenses, and possible litigation strategies.

3. How do I form a corporation?

The basic steps are:

• Choose your state of incorporation
• File electronic articles of incorporation with the appropriate secretary of state
• Obtain an EIN from the IRS and file any appropriate tax election
• Create bylaws
• Hold an initial meeting of the founders/incorporators to adopt the bylaws and approve pre-incorporation actions
• Elect the board and appoint officers
• Distribute shares and allocate responsibilities
• Create and open bank accounts
• Obtain and recognize ownership contributions
• Create and execute a shareholder agreement and other appropriate documents (NDAs, non-competes, IP assignments, employment agreements, etc.)
• Begin operations

4. Why are so many businesses incorporated in Idaho?

Idaho offers a corporate tax, filing, administrative, and legal system that many find appealing compared to other states. Idaho also limits public disclosure of owners and related parties on its public filings.

Idaho’s statutes and case law are robust, giving businesses a lot of guidance and predictability on internal corporate legal issues. Idaho also has several tax provisions that may favor certain types of companies. Where to incorporate is ultimately a case-by-case decision.

5. What are the benefits of buying an existing business?

There are several. First, buying an established business saves you significant time — you skip the startup process entirely. The business will also have already gathered key information: how it operates, how to improve, and what mistakes to avoid. Since time is one of a business’s most valuable assets, buying an existing one can save you a lot of it.