Practice Areas

BUSINESS LAW

McCarthy & Rubright, LLP takes an active role in helping North State businesses succeed. We offer advice and document drafting to help you create and run your business, whether you are a first time entrepreneur or you are dealing with large and complex business transactions. We also offer advice and document creation on a spectrum of business issues. We can assist with your business transactions and disputes, including:

• Counseling on proper entity formation to gain advantage for your particular need
• Partnership, Limited Liability Member, and Shareholder Agreements
• Coordinating with your tax advisors to ensure optimum tax advantages
• Forming new entities and revising, updating, or amending existing entities
• Reviewing, explaining, and revising contracts used in your daily operations including contracts with customers, vendors, suppliers, and contractors.
• Advice concerning Employee relations, personnel issues, and compliance with State and Federal statutes and regulations
• Intellectual property issues including trademark or copyright protection, trade secret issues, software licensing and distribution, and nondisclosure agreements.
• Assisting with negotiating and documenting financing agreements, whether secured or unsecured, including operating loans, grant review, and local agency economic development bonds.
• Employment contracts and severance packages
• Business reorganization, buy-sell agreements, and dissolutions

EMPLOYMENT LAW

McCarthy & Rubright, LLP understands the issues facing business owners and management regarding employment law and regulation. We have a proven track record of successfully assisting employers avoid claims by reviewing and helping to revise day to day employee/management operations. Our attorneys have the knowledge and experience to advise and counsel employers of all sizes on all aspects of the employer-employee relationship, including hiring and termination, drafting and updating employee handbooks and workplace policies, assisting employers with wage and hour compliance, guiding employers through the maze of laws affecting employer-employee relationships. If an employee does make a claim, our experienced litigators will assist you with all stages of the dispute, from the initiation of administrative proceedings through litigation when necessary. Whether the claim involves discrimination, harassment, retaliation, hostile work environment, wage and hour disputes, wrongful termination, or contract disputes, we can provide support, advice, and representation tailored to your specific need.

ESTATE PLANNING

Estate Planning is important, no matter what the state of your personal wealth, to ensure that your goals are met and your last wishes are carried out. We can also work with your tax professional to ensure that your loved ones have as little tax burden as possible when they receive your estate gift. We offer comprehensive estate planning services, including:

• Counseling and advice on estate creation and disposition
• Last will and testament creation, changes, and disputes
• Trust formation, modification, and disputes of both revocable and irrevocable trusts
• Powers of Attorney for financial, medical, and other matters
• Advance Health Care Directives
• Advice on Reverse Mortgages
• Litigation of estate issues

We also provide wealth preservation and asset protection planning including advising and forming corporations, Family Limited Partnerships, and Limited Liability Companies to assist in securing your wealth and reducing your financial risk exposure.

Our experienced attorneys also have extensive experience in Trust Administration and Probate and Decedent’s Estate Administration. We can assist with all size estates, from smaller estates benefitting from expedited estate administration, to large and complex estate administration and litigation.

Litigation and Dispute Resolution

McCarthy & Rubright LLP has experienced and knowledgeable litigators who can represent you in legal disputes. Whether the matter stems from one of our core areas of practice, or whether your dispute involves some other area of law, the expertise we bring to the Courtroom will benefit your case. Whether your matter involves alternative dispute resolution such as mediation or arbitration, civil litigation between two parties, or your matter involves complex issues with multiple parties, we will fight to protect your rights and interests. We have a proven track record of pressing hard in litigation when the situation calls for it, but we also have skill in finding creative solutions to disputes which are beneficial to our clients when that avenue best serves our clients’ needs.

Home Owners Association Law

We have been representing planned unit development associations for over four decades. We are familiar with the issues relating to non-profit corporations, the entity most associations adopt, and the law related to management and the operation of such corporations. We are likewise proficient with the strict requirements of the Davis-Stirling Act and can skillfully assist your association in carrying out the duties required of the Board of Directors and Management. We can also assist in enforcement of your CC&R’s and can offer quality representation of your Association in disputes with members regarding governing documents.

If your governing documents are out of date, or if you are uncertain whether your governing documents effectively comply with current law and work to protect the Association, we can assist with review and modification, as needed, of your Association’s governing documents and rules. We can also advise your Board of Directors and Management, as needed, to ensure that the actions being taken by the Association, including disclosures and procedural matters, comply with the governing documents and law to avoid member disputes and litigation.