Guidance For Individuals and Businesses In Central Illinois | Bloomington, IL | Marvel Law, P.C.
  • (309) 807-2885

AGRICULTURE LAW

Whether you own farm land as an investment or as your livelihood, it is important to make smart legal decisions. We routinely assist clients by addressing their legal concerns and questions in various capacities including:

  •  Buying and selling farms and tracts of land
  •  Partition lawsuits
  •  Easement disputes
  •  Drainage issues
  •  Quiet title actions and deed concerns
  •  Auction sale of farms
  •  Farm leases
  •  Creating or enforcing easements
  •  Resolving zoning issues
  •  Litigation to resolve real estate disputes
  •  Estate planning for farmers and their families
  •  Eminent domain issues
  • 1031 property exchanges
  • Coal, oil, mineral and wind power agreements
  • Hunting leases
  • Settling Decedents’ Estates

In working with clients our goal is to educate and counsel our clients not only to assist in the resolution of the pending matter but also to educate our clients on how to identify similar issues in the future in order to avoid costly disputes or misunderstandings. We will provide your legal options, develop a plan and implement the plan in order to reach your objectives. My experience both as a litigator and transaction attorney provides a unique perspective on handling business negotiations and contract drafting.


BUSINESS & COMMERCIAL LAW

When you start, grow, invest in a company or are asked to manage the investments and operations of a business, either profit or non-profit, each choice you make can result in high-stakes consequences. You need information, advice and an advocate to represent you to not only protect your business, but also poise it for growth and success. Counseling and Advocating for Business Business moves at the speed of NOW. Obtaining salient advice in a timely manner for you to make business decisions can set you on a course for success or failure. We can help you move at the speed of business in answering your questions relating to: •Business formation and organizational structuring including: advice involving small businesses, corporations, sole proprietorships, partnerships, not-for-profit organizations and LLC’s •Business litigation involving construction disputes, partnership litigation, shareholder disputes and breaches of contracts •Advisement on the need and use of buy-sell agreements, partnership agreements, employee contracts and more •Sales, business valuations, acquisitions and mergers of businesses and related litigation •Real estate law issues, including representation of homeowner’s associations, condominium associations and common interest communities While some business litigation issues and breach of contract issues may require an aggressive approach in the courtroom, many can reach effective resolutions through other, more cost-effective and efficient methods. We skillfully negotiate and reach settlements for the benefit of our clients in a large number of the business law cases we handle.

ESTATE PLANNING

Do you trust the state to decide what happens to your assets when you die?  If not, you need to be sure that you have effective estate planning. Marvel Law can serve your family with purpose and set up effective estate planning.  Estate planning deals with discussing, understanding and developing a plan of action that addresses the personal nature of your concerns and wishes for your estate. The personally tailored estate plan should reflect your desires clearly and directly. At Marvel Law, our experienced estate planning attorneys will help you and your family work through the legal and familial issues involved in the estate planning process. We provide salient legal advice and the personal attention you need to ensure your family’s future is protected and your direction is clear.

Our estate planning attorneys can streamline the estate planning process by meeting with you at our office, conducting a phone conference or we can complete the initial intake by electronic communication. You choose the best communication method for you, unconstrained by physical location, timing or your schedule. We can provide you secure access to your personal law firm file, allowing you to download, review and comment the documents entirely from your computer or mobile device. We will explain the function of each document and how each can offer you peace of mind. Our services include the following:

  • Wills and trusts

  • Health care directives and living wills

  • Powers of attorney

  • Revocable trusts and irrevocable trusts

  • Special needs and supplemental needs trusts

  • Medicaid planning

  • Prenuptial agreements

  • Guardianships

The delivery of estate planning services has changed. We believe that a combined approach of direct input from you as well as tailored advice for your specific needs allows us to deliver your estate plan in a timely and efficient manner. We will work with you to help you answer important questions such as:

  • Would a trust be beneficial to you or would a simple will suffice?

  • Whom should you name as your trustee, executor or guardian?

  • Can disagreements within a blended family be mitigated or prevented?

  • Does your spouse get everything when you die?

  • How can you take care of a special needs relative or child?
     

We firmly believe in a team approach for solving complex family relationships and difficult business issues. We will work with and encourage the input of the other advisors you utilize, including financial planners, insurance advisors and health care professionals.

Additionally, we offer probate and estate administration services to executors, family members and heirs.

We would be happy to serve your family with purpose with a FREE 15-minute consultation regarding estate planning.  Please fill out the form on this page and we will contact you as quickly as possible.


LAND USE AND ZONING

Textbook solutions to textbook problems do not solve real world problems. We are experts in representing owners, developers and adjoining landowners throughout central Illinois. Knowing the limitations and understanding the regulatory scheme contribute to effective representation in working with the key individuals and committees that make decisions regarding your property rights. Let us help you with: •Reviewing and taking action regarding zoning issues. •Investment in and the management of subdivision property •Negotiation of property development with municipal entities and other stakeholders in unincorporated areas. • Working with local land use committees including city or county planning commissions • Advisement of homeowner’s associations and condominium associations • Eminent domain issues, easements, rights of way, and lot line disputes • Advisement on annexation and working with municipal entities

PHYSICIAN CONTRACTS

Physicians: You have dedicated and sacrificed countless hours for your education, ultimately to work in the private setting or an institutional setting of your choice. Now you need a trusted advisor to assist with making informed decisions as to where you will use your skills. Working with an experienced legal advisor to maximize contract outcomes, provides you long term stability while preserving employment options. We council physicians to maximize their skills by assisting with identifying the pros and cons of employment agreements. We strive to allow our clients to make informed decisions, knowing the risks and the rewards. Barreling into employment, failing to review the documents you sign (and understand the pros and cons) can save your ideas, your clients, and your ability to work where you want. WHERE TO START Our goal is to inform our physician clients to make informed decisions based on their own business and personal goals. We assist in developing a customized plan specifically for you. With tailored solutions based on objective analysis we will help you negotiate your contract, provide discussion points, or merely provide our legal assessment of the pros and cons of your contract. The type of items that we address in our contract negotiations and letters of explanation include: • Finding the right practice: What is your ideal practice environment. • Logistics of the relationship: How do the physicians interact, authority over support staff, responsibility of management? • Parties’ representations and warranties. • Working relationship: What are your responsibilities, general or specific, Billing obligations, reporting, compensation structure, RVU explanation and expectation, benefits, fees, associations, CME. • Insurance (basic, occurrence based, claims based, do you have tail coverage, subrogation waiver) • Employment models: Joint venture, hospital, practice group, LLC. • Termination provisions; with cause, without cause, obligations, rights and restrictions under either. • Patients: rights, buy back. • Competition: moonlighting, research and development, your own ideas.

REAL ESTATE

Lorem Ipsum

BUSINESS ORGANIZATION

When you start, grow, invest in a company or are asked to manage the investments and operations of a
business, either profit or non-profit, each choice you make can result in high-stakes consequences. You
need information, advice and an advocate to represent you to not only protect your business, but also
poise it for growth and success. Getting your business started correctly can potentially save your assets
and your business.
One of the most important parts of starting a small business is deciding what form it will take.  The legal
ramifications of this can outweigh the financial ramifications if you don’t understand which one is right
for your business. Here are the three main options for forming a business:
Sole Proprietorship
When you first start your business, you are legally considered a sole proprietorship until you structure
yourself otherwise. As a sole proprietorship, you are doing business under your own name.
That can be great because it is simple and the business assets are all your own.  On the flip side, this can
be bad because if someone ends up suing you, the person can then go after your business money,
personal savings, and property.
This is more for those who have a business as a hobby.
LLC
When your business starts to reach more revenue, you’ll want to look into structuring it in a way that
offers you protection for your business and assets.  The next level is called an LLC, or Limited Liability
Company.
Since an LLC is its own business entity, if someone sues your company, your personal assets are
protected.  You’ll have to keep accurate records to keep business and personal expenses and assets
separate.  The tax implications are usually similar to a sole proprietorship.
S Corp

An S Corporation is the final option.  The major benefits to an S-Corp are with taxes, asset protection,
and credibility.  You’ll have shareholders and potential stock options.
Marvel Law is here to serve your business formation with purpose. We would love to sit down for a
FREE 15 minute consultation to explain the different benefits of each type and see what is right for your
business.  Please use the form on this page.


COMMERCIAL REAL ESTATE

Marvel Law is committed to helping you finalize the real estate deal that is most advantageous to your
business. In all reality, the lease or purchase of commercial real estate can make or break your bottom
line.
Here are the ways that we can help your business:


Comprehensive Commercial Real Estate Services

Identifying a property’s zoning (the permitted uses that property can be used for compared to those
uses which require a special use by the municipality) are threshold issues that are essential in property
development. Understanding the legal framework at a local level provides a working basis to approach
and work with all decision makers within the municipality. Marvel Law represents developers during all
phases of the development process, and resolves questions regarding particular zoning and land
specifications. We also represent clients whose legal issues include:

  • Sale and purchase of commercial property
  • Commercial real estate closings
  • Eminent domain
  • Development and Redevelopment agreements
  • Construction contracts
  • IRS Section 1031 Tax Free Exchange - A 1031 tax-free exchange is an exchange of like-kind
  • property. A Section 1031 exchange allows a taxpayer to defer capital gains tax on the profit of an investment property. Marvel Law represents clients during this process, ensuring timelines and other restrictions are met.

Condominium Conversions

Marvel Law offers legal representation to developers who are interested in converting apartment
complexes into condominiums. This often involves helping clients form a new company that is used to
develop and maintain the conversion.
 

Commercial Litigation

Marvel Law represents clients in commercial litigation. Litigation may be required because of a breach of
contract, a lease dispute, or a construction defect. 
 

Leases

The process of leasing out a property to a corporation is same as in a personal lease. The agreement
must be signed and registered in court, and once the advance rent and security deposit are paid by the
company, the designated occupant takes possession of the property. That’s where the similarities end.
Here are some major differences that Marvel Law can help with:

  • Net-net, or double net lease: tenant is responsible for only utilities, property taxes and insurance premiums for the building. The landlord pays maintenance and repairs.
  • Single net lease, net lease: tenant only pays utilities and property tax. The landlord pays maintenance, repairs, and insurance.
  • Triple net lease: tenant is responsible for all costs of the building. The landlord is generally responsible for structural repairs.
  • Modified net lease: tenant and landlord split structure repairs and operating expenses.

Marvel Law is here to help serve your business with purpose. For more information on how we can help
or a FREE 15 minute consultation, please fill out the form on this page.


CORPORATE

Corporate – Contracts and Transactions
You started your business to pursue your passion, not pursue lawsuits to make sure people do what they
say they would do. Successful daily business operations center around well-made contracts and
business agreements. Often, vague or improperly drafted documents will result in costly litigation. The
goal at Marvel Law is to help you organize and grow your business without engaging in costly litigation.
 

Areas of expertise:

 

Buy-sell agreements

A buy–sell agreement is sometimes known as a buyout agreement. It is a legally binding agreement
between the primary owners of a business that establishes what should be done if a primary owner is
forced out of the business, chooses to leave the business, or if one of the primary owners passes away.
This is extremely important, as it is generally considered a business will.

Leases

The process of leasing out a property to a corporation is same as in a personal lease. The agreement
must be signed and registered in court, and once the advance rent and security deposit are paid by the
company, the designated occupant takes possession of the property. That’s where the similarities end.
Here are some major differences that Marvel Law can help with:

  • Net-net, or double net lease: tenant is responsible for only utilities, property taxes and insurance premiums for the building. The landlord pays maintenance and repairs.
  • Single net lease, net lease: tenant only pays utilities and property tax. The landlord pays maintenance, repairs, and insurance.
  • Triple net lease: tenant is responsible for all costs of the building. The landlord is generally responsible for structural repairs.
  • Modified net lease: tenant and landlord split structure repairs and operating expenses.

Regulatory Compliance

Depending upon the industry your corporation is in, the regulations can be daunting. Add to the fact
that the regulations are ever changing and it can be a real challenge to stay in compliance. Marvel Law
will help your corporation stay in compliance regarding regulations that govern your industry.

Licensing

Marvel Law will help your business license your intellectual property (copyright, patent, trademark, or
trade secret) and your digital assets (apps or programs). Here are some examples of what we have
helped clients license: 

  • Copyright licenses involve the right to reproduce and sell the copyrighted asset, including derivative works. The right to perform the work publicly might be licensed. 
  • Patent licenses involve the right to make, sell, use, distribute, and export the patented product. 
  • Trademark licenses involve the right to use the trademark on specific items and in specific ways. 
  • Trade secret licenses involve the right to use the trade secret in specific ways, at specific locations, and in specific processes. 

If your company has created an app or a software program, we can also help you license that to vendors
or other companies.

Business Contracts

A legally enforceable contract can be used in court to support a decision on a disputed item. If a contract
does not have certain essential ingredients, it is not legally enforceable. There are six required, essential
elements for a contract to be enforceable by a court.
Offer, Acceptance, and Mutual Consent:  Every contract must include a specific offer and acceptance of that specific offer. Both parties must consent of their free will. Neither party can be coerced or forced to sign the contract, and both parties must agree to the same terms.

  • Consideration: There must be something of value exchanged between the parties. The thing of value may be money or services, but both parties must give something (otherwise, it is a gift, not a contract).
  • Competence: Both parties must be of "sound mind" to comprehend the seriousness of the situation and understand what is required. This definition requires that neither party be a minor, both must be sober (not under the influence of drugs or alcohol when signing the contract), and neither can be mentally deficient. If one party is not competent the contract is not valid and the non-competent party can disavow (ignore) the contract. 
  • Legal Purpose: The contract must be for a legal purpose. It cannot be for something illegal. Remember that it is not illegal to enter into a contract that doesn't have all of these essential items; it just means that if an essential is missing the contract cannot be enforced by a court. Marvel Law will ensure that the contracts drawn up for your business meet the above requirements and will provide for the best interests of your business.

Non-disclosure Agreements

Simply stated, a non-disclosure agreement is a confidentiality agreement. It’s a contract between two
or more parties where the subject of the agreement promises that information shared will be
maintained in secrecy.
Marvel Law will help to protect you with the two major types of non-disclosure agreements. They are:
Mutual confidentiality agreement – this is an agreement that is often used for confidential information
shared with groups such as inventor groups (example would be if you are creating an app between two
or more people). It’s useful when both parties will be exchanging confidential information.
Standard unilateral agreement – these are the most common where only the named person is
obligated to maintain confidentiality.
 

Non-compete agreements

Employers usually insist on non-compete agreements because of the possibility that an employee, upon
termination or resignation, will work for a competitor or start a business. The employee might then allow the new employer to gain a competitive advantage over their former employer by abusing confidential information about their former employer's trade secrets or sensitive information such as business practices, upcoming products, marketing plans and customer or client lists. These agreements can also be enforced to prevent former employees from entering into work in a similar industry, even if that work would not involve the disclosure of trade secrets. Marvel Law will help your business draft non-compete agreements that will allow for an amicable separation from an employee and the protection of your business interests.

Stock Option Plans

One way that you can compensate your employees and attract new ones is by offering stock options.
Marvel Law will help you create options to offer stock to your employees that will be on par with the
standards set forth by the state in which you reside and the Securities and Exchange Commission of the
United States.

Shareholder Agreements
A shareholders' agreement is a contract that stipulates obligations, rights, and protections between shareholders. This contract typically outlines agreements pertaining to company stock, shareholder protection, firm leadership and management. Marvel Law will be there to help your business successfully implement and govern the shareholder agreement.

Management Agreements
A contract between the owner of income property and a management firm or individual property
manager that outlines the scope of the manager's authority. Marvel Law will help construct an
agreement that ensures the successful management of your income property.

Employment Agreements

Marvel Law will help your business draft a formal agreement that specifies the conditions of the
relationship between an employee and an employer. This would include compensation and
performance expectations. These can be reviewed/renewed on a yearly or as stated basis.

Contract Negotiations

Sometimes contract negotiations are needed between the employer and the employees. Marvel Law
can help to negotiate the most beneficial terms for your business interests. Marvel Law seeks to protect
you by maximizing revenue and minimizing risks.
 

Employee Manuals

Employee Manuals can be some of the most overlooked, yet most valuable assets that you have to protect your business. Marvel Law can help created employee manuals that govern employee behavior, company policies, company rules, and other information that is governed by the employment rules of your state. Many businesses are woefully unprepared in this area and, as a result, open themselves to litigation that can decimate the business they worked so hard to build. Marvel Law will help protect you.