Commercial
Litigation
Litigation may be an important part of our business but it is
not the focus of yours. Experience gained from precedent-setting
cases allows us to realistically assess ongoing and potential
disputes in order to propose effective solutions. When appropriate,
private mediation is actively promoted as a means of resolving
business disputes in a timely, straightforward and cost-effective
manner.
Early case assessment.
Sometimes the best lawsuits are those that are never started.
One of the most important tools we employ for our clients is ‘early
case assessment’. Our process involves an informal cost/benefit
analysis well before any dispute has a chance to take on a life
of its own. We believe clients are entitled to an honest evaluation
of their case at all stages of a lawsuit.
Early case assessment focuses on the best practical outcome before
time and money are committed to a dispute. It provides increased
control over the dispute and offers alternative scenarios. This
can effectively minimize disruption to business, manage costs
and maintain valuable commercial relationships.
When the need arises, we can help.
Commercial clients rely on Sotos LLP to provide full litigation
services, including:
• Enforcement of non-competition covenants
• Prosecution of trade mark infringements
• Protection of intellectual property
• Class actions
• Shareholder disputes
• Insolvency and restructuring
Corporate
& Commercial
Sotos LLP provides a full range of corporate legal services from
establishing a business to reorganizing corporate structures.
Our Corporate & Commercial lawyers assist in intellectual
property protection, employment matters, due diligence on purchases
and sales and corporate filings.
An important part of business succession lies in developing wealth
transfer options for family-owned businesses. Sotos LLP offers
wealth management strategies in personal and estate tax planning
to ensure orderly succession.
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Estates &
Trusts
Our Estates & Trusts lawyers work closely with accountants and
other advisors to provide complete estate and tax planning services
for individuals. Experienced with the establishment, registration
and operation of trusts, charitable organizations and foundations,
Sotos LLP assists executors and beneficiaries with the administration
of estates and are a resource for our litigation department when
dealing with disputes surrounding estates entitlements.
Franchise
Franchise law is the cornerstone of our practice.
Sotos LLP is counted upon to assist clients in turning franchise
opportunities into ongoing successes. Our legal advice covers every
aspect of franchising - from start-up to national and international
systems.
For start-up companies, we assist in:
•
Advising on business formation
• Developing
business and organization plans
• Drafting
franchise agreements and disclosure documents
For mature franchisors we assist in:
•
Mergers and acquisitions
• Competition
Act matters particular to franchising
•
Marketing and advertising issues
• Domestic
and international trade mark and copyright
•
Trade secret protection
• Technology
arrangements
• General corporate, leasing
and financing work
• International expansion
Our
Franchise Principles
Franchising
works best when it works for both parties.
The franchise relationship is, at its root, a legal relationship
governed by contracts. We believe that lawyers have a role to play,
and a responsibility to bear, in how a franchise system is developed
and how it responds in times of stress as well as success. We openly
praise franchisors for promoting positive franchise relations while
being outspoken critics of those who disregard their franchisees’
interests when enforcing discretionary rights or making system changes.
Successful systems must be structured to ensure risks and rewards
are shared fairly between the franchisor and its franchisees.
Leaders
in franchise fairness initiatives.
Sotos LLP has been a pioneer in advocating the benefits of balanced
franchise relationships. We have been strong advocates of franchise
fairness legislation in Canada and have played a key role in many
precedent-setting cases. We provide counsel to governments, business
institutions and trade associations on processes to ensure that
franchising remains a secure and prosperous business vehicle.
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Franchise
Litigation
We view litigation as a means of last resort.
The nature of a franchise relationship is one of power imbalance.
Successful business reality, however, dictates a balancing of interests.
Through the use of early dispute resolution, that includes mediation,
we are successful restoring balanced relationships. But, when all
else fails, we litigate aggressively and we litigate to win by drawing
on our cumulative resources and experience to pursue cases through
trial and appeal.
Sotos LLP maintains one of the busiest franchise litigation practices
in the country. We handle complex franchise litigation matters on
behalf of franchisors and franchisees, involving:
• Franchisee termination
• Enforcement of post-termination non-compete
covenants
• Encroachment
• Real estate and bankruptcy litigation
• Royalties strikes
• Injunctions
• Class actions
Real
Estate & Secured Transactions
Sotos LLP is well versed in all aspects of commercial property transactions.
Purchase agreements and financing documents relating to real estate
property transactions are carefully negotiated. We act for both
landlords and tenants in commercial and shopping centre lease transactions.
Our long-standing representation of financial institutions reinforces
our experience in negotiating, securing and enforcing creditors’
rights.
Technology
& Licensing
Intellectual property is fundamental to the success of franchising
and technology businesses. Sotos LLP has experience in a range of
technology matters from straightforward licensing agreements to
collaborative arrangements with research and teaching institutions.
Our clients range from individual investors and entrepreneurs to
publicly-traded companies, as well as government-funded institutions,
promoting the development and commercialization of scientific discoveries.
We carefully manage technology needs at each stage of development.
We help clients secure their technology resources and expand investment
through innovative approaches to licensing.
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