Farwell Rashkis, llp is a general civil law firm representing businesses, families and individuals in transactional and litigation matters. Below are our primary areas of practice along with a listing of legal issues prospective clients often seek assistance with. Take note of our alcohol beverage law, construction law, and ADA claim defense areas that have grown out of our general business and real estate practices.
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Alcohol Beverage Law
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Construction Law and Defect Litigation
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Business Law and Counseling
- Estate Planning
- Real Estate Transactions and Litigation
- ADA Claim Defense and Compliance
- Civil Litigation
- Mediation of Litigated Cases
- General Representation of Wineries, Breweries, Distilleries and Other Manufacturers and Suppliers of Alcoholic Beverages.
- Preparation and Review of:
- Distribution Agreements
- Alternating Proprietorship Agreements
- Contract Brewing, Contract Distilling or Custom Crush Agreements
- Agreements for the Purchase and Sale of Assets or Equity
- ABC Licensing and TTB Permit Applications
- COLA Applications
- Identification of Proper Licenses and Permits
- Tied House Considerations
- Advice and Counsel Regarding Proper Trade Practice
- Distributor Relationships: Improvement of and Whether and How to Terminate
- Administrative Hearing Process Representation (i.e., defense against accusation of licensing regulation violation or application protest)
- Start Up Representation for Founding Owners
- Succession Planning
- General Representation of General and Special Trade Contractors
- Construction Contracts
- Mechanic’s Liens
- Contractor Licensing
- CSLB Complaints
- Contractor Insurance Coverage
- Construction Defect Claims
- General Business Planning and Entity Selection
- Incorporation and LLC Formation
- Ongoing Corporate Compliance and Formalities
- Copyright, Trademarks and Trade Secrets
- Entity Windup and Dissolution
- Representation in Business Transactions such as:
- Shareholder Buyouts and Stock Repurchases
- Business Ownership Transfers
- Asset Purchases
- Preparation and Review of:
- Partnership Agreements
- Shareholder Agreements
- LLC Operating Agreements
- Buy-Sell Agreements
- Business and Service Contracts
- Preparation of Wills, Trusts, Durable Powers of Attorney and Other Estate Planning Documents
- Review and Updating of Existing Estate Planning Documents
- Representation and Counseling of Trustees
- Probate and Trust Administration
- Conservatorships
- Purchase and Sale of Commercial or Residential Property
- Preparation of New or Review of Existing Leases
- Lease Negotiation
- Preparation of Easements
- Preparation or Review of Deeds of Trust and Promissory Notes
- Evictions and Other Landlord-Tenant Issues
- Eminent Domain and Inverse Condemnation
- Quiet Title Actions
- Making Claims Against Sellers for Non-Disclosure and Other Breach of Contract Issues
- Making Claims Against Brokers/Agents for Breach of Fiduciary Duties
- Approach Claims with an Eye Toward Early Resolution Instead of Unnecessarily Prolonging the Life and Cost of the Lawsuit
- Evaluate the Merits of the Claims by Consulting with a Certified Access Specialist Professional (CASp) Including Site Inspection and Report
- Appreciate that Claims Filed Under Title III of the Americans with Disabilities Act (ADA) are Largely Statute Driven Which Make Them Often Better Addressed Through Direct and Efficient Processing Rather Than Active Litigation
- Work With Opposing Counsel to Obtain Consent Decrees Regarding Repair and Compliance, Which Controls the Trajectory of the Lawsuit, Often Keeping Fees and Costs Under Control and Reasonable
- Negotiate Down Claimed Attorneys Fees and Costs, When Possible
- Diligently and Efficiently Close Out Claims so Landlords and Business Owners Can Focus on Other Matters
- Advise on Long Term Solutions to Maximize ADA Compliance and Minimize the Possibility of a Future Claim
- Representation of Plaintiffs and Defendants in:
- Breach of Contract Claims
- Business Disputes
- Negligence Claims
- Other Civil Litigation Matters
- Breach of Contract
- Business Disputes
- Partnership, Shareholder and Other Disputes Between Business Owners
- Personal Injury
- Discrimination and Sexual Harassment Claims
- Landlord-Tenant Disputes
- Construction Related Disputes and Defect Litigation