Mr. Witteman consults with and represents clients with respect to business and agricultural business law (or “ag business” law). The sub-areas of interest are far-ranging and include those listed below.
- Business Formation. Mr. Witteman consults with and assists clients in forming their businesses, discussing and comparing the features of the different business forms, and realizing a plan to fit individual businesses, from limited liability companies and partnerships, to S and C corporations, and beyond.
- Leases. Mr. Witteman consults with and assists clients in negotiating and entering into leases as both lessors and lessees that will maximize a client’s advantage and minimize risk. Various provisions in the least must be examined and negotiated in light of a client’s needs and the realities of the market, including the terms of the lease, the beginning date, the nature of the rent and whether it is linked to income generated by the business, “kick-out” clauses, co-tenancies, improvements, common area maintenance charges, non-compete clauses, termination clauses, personal guarantees, bankruptcy clauses, liquidated damages clauses, attorney’s fee provisions, arbitration clauses, and more. All should be considered, negotiated, and finalized in a clear, advantageous manner.
- Contracts. Mr. Witteman consults with and assists clients in negotiating and entering into contracts that will maximize a client’s advantage and minimize risk. The core terms of a contract turn on the nature of the particular business, and vary from business type to business type, and business to business. Such “business specific” terms must be carefully considered in light of the practice in the community and commercial reality. Additional common provisions also require careful examination, discussion, and negotiation, including non-compete clauses, termination clauses, personal guarantees, bankruptcy clauses, liquidated damages clauses, attorney’s fee provisions, arbitration clauses, and more.
- Employment and Labor Questions. Mr. Witteman consult with businesses concerning employment and labor issues that may or have arisen, and how best to handle same, maximizing a client’s advantage and minimizing risk.
- Insurance Questions. Mr. Witteman consults with and assists clients in determining the need for and availability of insurance coverage and how insurance companies might be approached and handled in the resolution of disputes. Insurance question require not only a consideration of actual terms in the contract of insurance, but of laws, regulations, policies and practices that control the construction and interpretation of insurance contracts and related benefits.
- Business Disputes & Litigation. Bringing his 27 years of trial experience to bear, Mr. Witteman has and will continue to prosecute and defend clients in commercial matters.
- Groundwater Questions. Mr. Witteman lectures regularly on California’s new Sustainable Groundwater Management Act (“SGMA”, and is prepared to consult with and defend client’s interests as they relate to SGMA. Mr. Witteman has over 10 years complex litigation experience that he brings to bear in matters such as groundwater.
- Surface Water Questions. Mr. Witteman has developed a particular interest in surface water questions that relate to agriculture, and is prepared to consult with and defend client’s interests as they relate to surface water. Surface water questions and groundwater questions have become entwined in California, and the relationship promises to grow and complexity and proximity over the next several years. Mr. Witteman has over 10 years complex litigation experience that he brings to bear in matters such as surface water.
- Regulatory Compliance. Mr. Witteman stands ready to consult with and defend the interests of businesses in all the myriad ways that regulatory compliance can become an issues at both the local, state, and federal level. Business, perhaps especially including agricultural businesses, face a confounding and daunting level of regulation and agency inquiry that often require the assistance of an attorney to maximize benefits and minimize risks. The California Environmental Quality Act, or CEQA, can often rear its head where projects significantly impact the environment.
- Permits. Mr. Witteman stands ready to consult with and defend the interests of businesses with respect to the permitting of their businesses at the local, state, and/or federal levels.
- Boundary Disputes. Mr. Witteman is experienced in the litigation of real property boundary disputes, a matter of particular concern to agricultural businesses.
- Easements. Mr. Witteman is experienced in the litigation of real property easement disputes, a matter of particular concern to agricultural businesses.
- Tree Disputes. Mr. Witteman is knowledgeable about tree disputes between adjacent property owners, and is prepared to consult with and defend the interests of clients in this regard.
