Areas of Practice

Business Transactions
Business Formation and Compliance
Civil Litigation
Construction
Surety and Bond Claims/Litigation
Contractors State License Board
Trusts & Estates
Insurance
Employment

  Real Estate
Intellectual Property
Aviation
Franchise and Licensing
Administrative Proceedings

Equine Law
Appellate Law
Government Contract Claims
Qualified 1031 Exchange Intermediary

Business Transactions
The need for legal advice and assistance is not limited to dispute resolution or litigation but rather permeates all aspects of a successful business. McCullogh & Associates can provide expert legal advice for all forms of businesses in the areas of acquisitions, mergers and sales, shareholder agreements, employer/employee relations, insurance and risk management, lease and contract drafting and negotiation, and asset purchase agreements. Getting the right legal advice from the start can prevent the hassle of litigation in the future.



Business Formation and Compliance
McCullogh & Associates has a wealth of experience in the formation and maintenance of all types of business entities. By coming to McCullogh & Associates at the inception of the business, we can assist a client in choosing the proper entity, advising of the benefits and drawbacks of the different business forms including partnerships, limited liability companies, and the different categories of corporations. In addition, we can help you decide which state will best serve your needs when forming the business. With extensive formation experience in California, Delaware, Nevada, as well as other states, McCullogh & Associates can inform the client of the differences between the states as it relates to their type of business.

Once the entity has been formed, McCullogh & Associates offers a compliance program to maintain the client’s company. We will send reminders to clients, draft all required meeting minutes, and file with regulating agencies to ensure compliance and avoid inquiries into the legitimacy of an entity.





Civil Litigation
McCullogh & Associates attempts, through preventative law, to keep its clients out of litigation. In today’s business climate, however, every business needs an attorney who can accomplish its business objectives in adversarial proceedings, whether prosecuting its rights or defending against attacks.

Each and every attorney at McCullogh & Associates has experience in preparing all types of civil litigation and seeing the same through to trial, arbitration, mediation, or contractual alternative dispute resolution. This experience allows our clients to focus on their business knowing they will receive sound advice for the resolution of their legal challenges.



Construction
McCullogh & Associates has extensive knowledge and skill in all aspects of the construction industry including contract negotiation, project acquisition whether private, public or federal, project management, and complex construction litigation. We advise and protect our clients’ interests in matters regarding surety bonds, administrative proceedings, contract termination, delay and disruption claims, and claims for extra costs. We have represented contractors from sole proprietors to multi-national corporations and are capable of advising and assisting throughout all phases of construction management.

Surety and Bond Claims/Litigation
McCullogh & Associates prosecutes and defends against private and public bond claims, including performance bonds, payment bonds (including Miller Act Bonds), bid bonds, and contractor license bonds. We have represented all parties to the surety transaction including owners, contractors, subcontractors and sureties. The Firm’s extensive legal experience is enhanced by our attorneys’ in-depth knowledge of the building and construction trades. Our goal is to minimize the loss and expense to our clients and we have successfully guided our clients through the claims process and litigation.




Contractors State License Board

Our firm is proficient in dealing with the Contractors State License Board regarding applications and licensing and can assist our contractor clients through the entire process. Dealing with the CSLB, or any governmental agency, can be arduous and time consuming. Our knowledge of the procedure and the connections we maintain with the Contractors’ State License Board works to the advantage of our clients. McCullogh & Associates provides a comprehensive and cost effective service to ensure this important step in starting and maintaining a construction business is not forgotten.





Trusts & Estates

McCullogh & Associates is well versed in assisting individuals and families with their estate planning needs. We pride ourselves in providing each client with the individual attention they need to find just the right estate plan that will fulfill their estate planning needs. An estate plan can include or combine a variety of tools such as living trusts, AB trusts, charitable remainder trusts, insurance trusts, family limited partnerships and even wills. McCullogh & Associates offers a wide variety of estate planning techniques in order to optimize the estate, minimize taxes and avoid the frustration and cost of probate. McCullogh & Associates has the expertise and knowledge to help every client accomplish their estate planning goals, whether for single transaction documents or for more complex and dynamic situations.




Insurance
Venturing into the insurance arena can be intimidating. McCullogh & Associates can take the fear out of dealing with insurance companies and regularly represents its clients in coverage disputes as well as surety matters. Our attorneys are experienced in obtaining optimum insurance and surety benefits due under insuring agreements.



Employment
Through years of representing business clients, McCullogh & Associates recognizes that a common need of business clients is assistance with labor laws, claims by employees and former employees, and navigation of the myriad state and federal laws governing employers. McCullogh & Associates proactively assists companies in establishing policies and procedures in compliance with state and federal laws.

Having served both employers and employees, McCullogh & Associates can provide sound advice based on a broad perspective and has experience handling all types of claims including wrongful termination, claims of a hostile work environment, sexual harassment, and discrimination.



Real Estate
McCullogh & Associates represents clients in residential and commercial real estate transactions, including purchase and sale, disputes involving disclosures, conflicts between agents and parties to a contract, CC&R, nuisance and view disputes, easement, encroachment and trespass, title insurance coverage and claims, condemnation proceedings, land development, construction defects, mortgages and foreclosures, leases, land use & zoning, CC&R drafting, boundary disputes, partition and quiet title actions, tax deferred exchanges, and management.

McCullogh & Associates has experience serving individual property owners, major corporations, local and regional businesses, buyers, sellers, joint venture partners, landlords, tenants, property managers and real estate brokers. Our real estate practice provides both transactional and litigation-related services.





Intellectual Property
Today’s technology based society dictates that you protect your most important business asset – your intellectual property. McCullogh & Associates can provide invaluable advice and assistance in obtaining trademarks, servicemarks, copyrights, and patents on your important intellectual property. In addition, our attorneys are experienced in all phases of technology protection, advising and assisting our clients with regard to infringement, licensing and enforcement of intellectual property rights.



Aviation
McCullogh & Associates has represented aviation related businesses for many years. In so doing, we have gained valuable experience in FAA licensing matters, disputes and compliance. We have handled every type of matter from individual license discipline to designing and enforcing Part 132 compliance with the FAA Rules and Regulations.



Franchise and Licensing
California’s Franchise License Law is stringent and requires expertise to navigate. McCullogh & Associates has represented franchisors and franchisees, assisting our clients with compliance and alternative licensing agreements which do not implicate franchise laws as well as the formation of business associations which steer clear of the regulatory scheme required under the franchise law.



Administrative Proceedings
McCullogh & Associates can assist clients in all aspects of government regulation, including administrative hearings and appeals. We are well versed in the rules and regulations that apply to administrative hearings and adjudication, administrative investigations, administrative policy, licensing, and regulatory enforcement.

Our experience can prove invaluable to your case when appearing before nearly every California agency, board, bureau, or department including the Department of Motor Vehicles, Department of Consumer Affairs, Professional Boards, Contractors' State License Board, Bureau of Automotive Repair, Board of Veterinary Medicine, Bureau of Security and Investigative Services, Board of Dental Examiners, State Medical Board, Labor Commission, and the FAA.



Equine Law
McCullogh & Associates handles a variety of equine related legal matters including drafting all types of contracts related to the horse industry, assisting in the resolution of equine related disputes through counseling, mediation or litigation, and providing incorporation or other business entity formations. We are effective equine lawyers because we possess relevant horse knowledge gained from years of experience in the horse industry as well as the legal acumen necessary to provide superior advice and service.

Through our philosophy of risk management, we encourage our clients to minimize their potential liability by drafting robust contracts, adhering to appropriate legal and safety procedures and insuring against inherent risks. We hope to help our clients avoid disputes by providing comprehensive advice and contracts related to such areas as boarding, breeding, buying and selling, leasing, training and instruction, and insurance. However, even the best planning cannot prevent all disputes and legal issues will inevitably arise. McCullogh & Associates provides support at every stage of dispute resolution from initial counseling to full-fledged litigation.

In order to provide the best service to our clients, McCullogh & Associates develops relationships with supportive professionals such as veterinarians, farriers and other service providers in the equine industry. Therefore, in order to avoid conflicts of interest, McCullogh & Associates typically does not handle malpractice claims against veterinarians or farriers. Likewise, we do not handle criminal defense of any kind including animal cruelty charges.



Appellate Law
Appellate practice is a separate discipline requiring sophisticated legal analysis and specialized training and skills. Each phase of the appeal can involve numerous and complex issues. Our appellate practice gives special emphasis to in-depth legal research and policy analysis to deal with all appeals from simple to complex. We rely on outside industry literature as well as conventional legal authorities in order to produce arguments and briefs that are not only meticulously researched, logically developed, and correctly attuned to particular courts, but also readable and engaging to busy appellate judges. In addition to producing the highest quality briefs and oral arguments, our firm provides the specialized case management necessary to prevail in an appellate environment.



Government Contract Claims
McCullogh and Associates represents government contractors in all aspects of government contracting including:

Bid Protests (unsuccessful offeror, contract cancellations, terminations for convenience)
SBA Certification, Challenges and Appeals (including HUBZone, 8 (a) Development Program, Small Disadvantaged Business Certification Program, DBE’s)
Federal Court of Claims Lawsuit
Freedom of Information Act (FOIA) Requests

Unlike standard contract disputes, government contracting is governed by separate and unique Federal statutes. If these rules and statutes are not followed, a contractor will lose it’s right to challenge a governmental agency’s contracting decision. This highly technical area of law demands that the contractor or it’s counsel be familiar with the many regulations that govern government contracts. These regulations include the Code of Federal Regulations (CFR), the Federal Acquisition Regulation (FAR), Armed Services Procurement Act (ASPA), the Federal Property and Administrative Services Act (FPACA), and Competition in Contracting Act (CICA). These regulations set forth strict guidelines which a contractor must follow when preparing a bid or challenging an agency’s action, including time limits for filing claims and events which trigger these time periods.

McCullogh and Associates has successfully represented clients in Protests, both as a protestor and as an intervenor. McCullogh and Associates also advises clients on various SBA certification issues.



Qualified 1031 Exchange Intermediary
Section 1031 of the Internal Revenue Code provides for the exchange property that is one of the most powerful tax deferral strategies available to real estate investors. A 1031 exchange allows an investor to sell income, investment or business property and replace it with “like-kind” property without having to pay federal income tax on the transaction. This strategy of tax deferral is used by many but carries with it a strict set of rules for timing, identification of property and the placement of sale proceeds with a qualified intermediary such that the transaction can rightly be called an exchange rather than a sale and re-purchase.
The role of the qualified intermediary is essential to completing a valid tax-deferred exchange. McCullogh and Associates is an experienced intermediary and our firm will ensure that all forms and procedures are properly filed to effect a successful exchange.