BUSINESS LAW

Sims & Sims Law assists clients with a range of business matters including: entity formation; business transactions including drafting, reviewing, and negotiating agreements; providing guidance related to HR and employment law issues; drafting corporate policies; and providing trainings to keep your organization’s workforce compliant with an evolving regulatory landscape.

Entity Formation

• Entity Selection and Business Formation
• Governing Documents & Articles, Bylaws, Operating Agreements, Partnership Agreements, Shareholders’ Agreements

Transactions

• Mergers, Acquisitions or Sale of Business Transactions
• Structuring of U.S. & International Business Transactions
• Asset Purchase Agreements/Transactions
• Stock Purchase Agreements/Transactions
• Intellectual Property Licensing Agreements
• Sales and Distribution Agreements
• Vendor Agreements
• Non-Disclosure, Confidentiality and Non-Disparagement Agreements
• Ecommerce and software licensing agreements (including hosting and service level agreements for the same)
• Software development agreements (including mobile application and website development)
• Professional services agreements for the implementation of licensed technology
• Contracts between the multiple players targeting consumers through online behavioral advertising
• Contracts with major content distribution networks to support clients’ content
• SMS providers and Mobile Aggregator Agreements (e.g., to provide and receive SMS and other text messaging services)
• Email service provider agreements
• Fulfillment/e-commerce solution agreements (including addressing FTC Mail Order Rule compliance and related issues)
• Cloud computing agreements (Saas and Application Service Providers)
• Payment card processing agreements (e.g. merchant agreements, payment processor agreements, payment gateway agreements, service provide agreements)
• Outsourcing deals (including outsourced customer response management, recruiting and human resources agreements)
• End-user license agreements for third party use of software– EULAs (e.g. “shrink wrap” licenses, “browser wrap” or “click-through”
• Terms of use applicable to use of web sites, apps, platforms, subscription agreements, etc.
• Agreements with forensics analysts (e.g., in the instance of a data breach)
• Call-center and customer service agreements
• Arbitration provisions in consumer contracts
• Handling material changes to online consumer contracts

Employment & HR

• Offer letters
• Employment, Independent Contractor and Consulting Agreements
• Employee Non-Compete and Non-Solicitation Agreements
• Intellectual Property Assignment and Protection
• Employee Policy, Procedure and Best Practices Manuals
• Employee Handbooks
• Code of Conduct
• Keeping a workforce that is compliant through corporate policies, including:
  • Whistleblower Protection Policy
  • Global Travel & Expense Policy
  • Trade Compliance Policy
  • Anti-Spam Policy
  • Modern Slavery Act Statement
  • EEO/Harassment & Retaliation Prevention Policy
  • Referral Policy
  • Sexual Harassment Policy
  • Paid Parental Legal Policy
  • Information Security Policy
  • Acceptable Use Policy
  • Access Control Policy
  • Clear Screen and Clear Desk Policy
  • Computer and Email Usage Policy
  • Customer Confidentiality Policy
  • Data Security Policy
  • Mobile Devices & Teleworking Security Policy
  • Remote Access Policy
  • Secure Access, Security Badge and Visitor Policy
  • Systems Security Policy
  • Artificial Intelligence and Machine Learning Policy
• Keeping a workforce that is compliant through corporate trainings, including:
  • Security Awareness
  • California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA)
  • General Data Protection Regulation (GDPR)
  • Working Remotely
  • Mobile Device Security
  • Health Insurance Portability and Accountability Act (HIPAA)
  • How to Deal with Mobile Scams
  • Security Bytes: Incident Reporting
  • Sexual Harassment Prevention

Environmental Law/Due Diligence

• Regulatory compliance/permits
• Corporate environmental/climate disclosures
• Alternative energy and sustainable development: U.S. Green Building Council, Leadership in Energy & Environmental Design (LEED®)

Cannabis Industry

• Provide regulatory support and compliance guidance to navigate the complex regulations governing the legal cultivation and sale of cannabis.
• Assist clients in navigating operational challenges
• Legal review and licensing application to grow, process, or dispense