Law Office of Donald R. Oder

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Mon - Fri:	9:00 am - 5:00 pm

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Extra Phones: TollFree: (888) 900-9002
Neighborhoods: Core-Columbia, Central San Diego
Other Link: http://sandiegoattorneynow.com
Categories: General Practice Attorneys, Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Family Law Attorneys, Immigration Law Attorneys, Labor & Employment Law Attorneys, Tax Attorneys, Wills, Trusts & Estate Planning Attorneys

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Phone: (619) 858-4711

Address: 525 B St Ste 1500, San Diego, CA 92101

Website: http://sandiegoattorneynow.com

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Law Office of Donald R. Oder

Guardianship

Misdemeanors
The individual has not been convicted of a felony, significant misdemeanor, or more than two misdemeanors, and does not pose a threat to national security or public safety.

Business and Corporate Law

Corporate Law
New and existing businesses in San Diego often struggle with the idea of incorporating or forming a limited liability company (LLC). They are bombarded with information from San Diego corporate lawyers, advertisements, media and even entertainment sources praising the virtues of formal incorporation or similar business entity formation that would limit an owner’s personal liability and offer tax advantages. States like Nevada and Delaware regularly market themselves as ideal jurisdictions for forming corporations and LLCs further complicating the decision making process. Professionals are typically limited to forming Professional Corporations or, depending on the State, Professional LLCs. At the Law Office of Donald R. Oder, we help our clients sift through all the complicated forms of incorporation, LLCs and partnerships to help determine whether a corporation, LLC or partnership is right for their business in the first place. For many businesses, start-ups and existing companies, the sole proprietorship or general partnership may still be the best business entity.
Business Disputes
Located in downtown San Diego, the Law Office of Donald R. Oder is committed to providing outstanding legal services to our clients at an affordable cost. Our first priority is client satisfaction, not billable hours. Our commitment is founded on our experience and belief that meeting a client’s needs first inevitably leads to a long lasting and rewarding association. Whether you need a simple contract review or have complex business needs, the Law Office of Donald R. Oder provides high quality attorney services in a comfortable and relaxing environment. San Diego business lawyer Don Oder has dedicated himself over the last ten years to assisting business owners in San Diego with all aspects of business law including complex contract negotiations, commercial lease negotiations, unlawful detainers and incorporation. In addition, Mr. Oder has more than seventeen years’ experience as a litigation attorney.
Limited Liability Companies
A C-Corporation is the traditional corporation most people are familiar with. It is owned by shareholders and is subject to federal securities laws with some exemptions. Non-public offerings, "seed capital" investments, offers up to $5,000,000 and offers to accredited investors are all examples of exemptions although each exemption requires conforming to specific criteria. If an exemption applies to the corporation, it's important that it file a notice of exemption with the Securities and Exchange Commission (the SEC) and with the equivalent state agency. Whether or not a corporation is subject to Federal and state securities laws is in important question which is best discussed with a San Diego corporate lawyer. The C-Corporation may not be ideal for owners of smaller businesses interested in limiting tax liabilities and retaining more personal control over the company’s operations. Limited liability companies and S-Corporations (corporations that qualify for pass through taxation) may be better options. If it is the shareholders' intent is to seek major investment capital then a C-Corporation is probably the better choice. This is particularly so if the intent is to take the company public (selling shares of the company to the general public). Public corporations' shares are traded on stock exchanges such as the DOW and NASDAQ. Limitations on S-Corporations (where only a single class of stock is allowed) and LLCs (which typically do not go public) make these types of companies less appealing to venture capitalists. San Diego corporate attorney Donald R. Oder works closely with his clients to sift through all of these complexities to help them in selecting the best corporate form for their company.

Employment Contract
As an experienced litigation attorney in San Diego, Don Oder puts his considerable litigation experience to work for our clients. Whether your dispute is over a contract, trademark, partnership, franchise, lease agreement or employment agreement, we will sit down with you and personally discuss a litigation strategy that works best for you and your business. We will develop a strategy that takes into account the costs of the litigation to you monetarily and emotionally. Often, cases can be resolved informally prior to the filing of a law suit or before costly litigation expenses are incurred. With an intimate knowledge of our clients’ goals, innovative and forward looking strategies and assertive negotiation, we are able to leverage our clients bargaining positions to their advantage reaching settlements in advance of significant cost. Once it becomes apparent that informal agreement is not possible, we aggressively litigate your case using all of the legal tools available under the law while striving to maintain your goodwill and reputation in the community.

Immigration Law

Citizenship and Naturalization
In addition to our business law practice in San Diego, the Law Office of Donald R. Oder offers complete immigration services including family based visas, marriage and fiance visas, immigration based employment visas, non-immigration based employment visas, business and investment visas, student visas, naturalization and citizenship applications and representation in removal proceedings.
Family Immigration
Family based petitions are available for certain family members of United States citizens and Lawful Permanent Residents in the United States who are at least 18 years of age.
Employment Immigration
The time it takes to immigrate to the United States varies widely depending on the visa sought and the foreign national’s individual circumstances. There are backlogs for certain visas, annual maximums on the number of certain visas and delays caused by the sheer volume of applications. For the most common employment based immigration visa (the EB-3), there is currently at least a six month backlog for Labor Certification (PERM). For those EB-3 cases where labor certification has already been approved, the backlog for obtaining a green card (permanent residency) is five years. While the backlog for EB-3 visas might appear daunting, with labor certification permanent residency is practically assured (as long as the employment that was certified continues until the case is concluded). The date labor certification is approved becomes the priority date within the backlogged system. There are also quotas set by the U.S. Government providing limitations on the number visas available in a particular category for foreign nationals of certain countries (per country limits). For instance, only a certain percentage of the available EB-3 visas in any one year may go to Indian nationals. Currently, the backlog for EB-3 Indian nationals seeking green cards is even longer than five years. Immigration visas for immediate family members are generally quicker. For other family members subject to the preferences set forth above, backlogs continue to exist.
Green Cards
Student Visas
In addition, the United States issues numerous non-employment based temporary visas. These include visitor visas, investment based visas, student visas, cultural exchange visas, visas for ministers and other religious persons, and visas for internationally known athletes and entertainers, artists and persons with extraordinary abilities. The requirements for each of these visas vary. The common theme is that they are all non-immigrant based visas and (with the exception of “dual intent” visas like the H-1B) the U.S. government is looking for evidence that the alien is not seeking to immigrate permanently to the United States.
Family Visas
Work Visas
What was traditionally considered green card status, Lawful Permanent Residency allows foreign persons to legally live and work in the United States permanently so long as they do not break any serious laws. Foreign nationals presently residing in the United States on non-immigrant visas (tourist visas, business visas, H-1B visas which are non-immigrant employment visas, student visas and others) are eventually required to return to their native country. Lawful Permanent Residents are not. Instead, they become eligible to apply for United States Citizenship after five years (three years in some limited circumstances including those that obtained Lawful Permanent Resident status via marriage to a United States Citizen). The procedures for applying for immigrant visas vary depending on whether the foreign national is already in the United States or is still in their home country. Those already in the U.S. need to take particular care because the laws regarding a foreign national's intentions when they arrive in the U.S. can impact their ability to seek an immigrant visa.

Trusts and Estates

Estate Planning
If you or someone you know needs help with estate planning, probate or related litigation, call the Law Office of Donald R. Oder to schedule a free consultation at (888) 900-9002. We will listen to what you have to say and if retained commit ourselves to achieving your goals through effective and economical legal representation regardless of the size of your wealth.
Wills
At the Law Office of Donald R. Oder, we understand the difficulties in taking that first step in protecting your wealth, and are committed to easing people, rich or poor, through the process without requiring half of a person’s wealth to accomplish their goals. We will sit down with you and discuss your concerns. Most importantly, we will listen. At the Law Office of Donald R. Oder, you will not be a blank form to be filled out and filed away after we receive your check. The ideal estate plan for you requires a considered understanding of what it is you are trying to achieve. Understanding your goals is our first priority. We understand your desire for peace of mind and will craft an estate plan that works toward that end.
Trusts
In California, the most common trust is a “Revocable Living Trust”. It is revocable because you retain the right to terminate the trust at any time. You can then choose to create a new trust, a will, or decide that you are comfortable with your wealth passing to your heirs under intestate laws without a will.
Power of Attorney
Usually, the creation of a trust is accompanied by “Durable Powers of Attorney”, “Advance Healthcare Directives” and “Pour Over Wills”. With a durable power of attorney, you allow a trusted agent to handle your financial affairs, including management of a trust, should you become incapacitated. Advance healthcare directives allow you to appoint an agent to make important health care decisions for you should you become incapable of making your own decisions. Because the agent makes important decisions for people regarding their health, many choose to limit those powers. Finally, a pour over will ensures that all of your assets not given to the trust are transferred to the trust at your death and provides for the distribution of those assets according to the terms of the trust. Because a pour over will is a will which operates after one’s death, it is subject to probate. However, because those assets not placed in the trust are usually a small percentage of a person’s total wealth, the probate costs are significantly reduced.
Probate
Your assets not covered by a valid will, pass to your heirs via intestate laws. Existing California probate laws will determine how your assets are distributed to your heirs. It’s important to understand that your desires for the distribution of your wealth may be vastly different than that provided for under probate law. Making the decision to protect your wealth through a will or a living trust is the best way for you to ensure that your assets are distributed the way you would like.

Bankruptcy
Because federal bankruptcy law preempts California landlord/tenant law, it's important that commercial landlords and tenants alike understand the…
Tax Law

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