31 Teaticket Highway, Suite 7
Tataket Square
East Falmouth MA 02536
Telephone: 508.457.4542
Facsimile: 508.457.0446

O'Regan & O'Regan are an experienced team of dedicated attorneys who have been providing high quality legal services in the Cape Cod area since 1990. We focus on serving local Cape Cod residents and businesses, providing representation in a wide range of legal matters. We strive to establish long term relationships with all our clients.

Our philosophy is simple: provide legal services that comprehensively meet the needs of our individual clients. We aim to be a trusted ally steering our clients through the sometimes complex maze that is the legal process. 

O'Regan & O'Regan welcomes the opportunity to represent clients in the following areas of law:

Corporate Formation and Business Transactions

Criminal Law

Land Use and Municipal Law

Litigation

Personal Injury

Probate

Real Estate

Trademark/Copyright

Wills, Trusts and Estate Planning

Corporate Formation and Business Transactions

A corporation is a separate legal entity. Corporations legally function like individuals. However, corporations have some compelling advantages. One of the most important advantages a corporation has is that usually there is no liability to an individual business owner of a corporation for actions of the corporation. Additionally, shareholders of the corporation are generally not liable for the obligations of the corporation. However, these benefits of forming a corporation can be lost if the corporation and its incorporators do not follow the correct procedures.

A limited liability company (LLC), on the other hand, combines the personal liability protection that can be achieved by forming a corporation with the tax benefit and simplicity of a partnership. LLCs can be advantageous because the LLC form is more flexible and requires less on-going paperwork than a corporation.

At O'Regan & O'Regan we recognize that no two businesses are the same. Each business client has a unique set of circumstances and objectives. We help our clients analyze their individual business needs and understand their personal objectives. From corporations, to non-profit organizations, to limited liability companies, we help our clients select the business format that maximizes those objectives.  We carefully consider asset protection, limitations on personal liability, and providing for continuity of existence: working closely with our client's accountants whenever possible.

Once we've helped our clients form the business, we can provide ongoing legal support to ensure that the required procedures are followed. We can also assist clients in evaluating the potential legal risks attendant in a variety of business transactions. Sometimes even the most mundane business transaction can harbor an unexpected risk. Identifying those areas, we help our clients make informed business decisions every day. We understand that business involves risk, and our goal is to ensure that the risk taken is based on an informed decision.

The types of businesses we've represented range from retail establishments to restaurants, and from technology companies to environmental companies.

Criminal Law

Sometimes people get into trouble. It can be a simple matter of being at the wrong place at the wrong time. At O'Regan & O'Regan, we've helped our clients navigate the often intimidating criminal legal process. We've represented people in a variety of matters, including: motor vehicle offenses, operating under the influence (also known as OUI or DUI), operating a vehicle after suspension, assault and battery, obtaining restraining orders, as well as violation of restraining orders.

Land Use

Land is a precious and finite resource and its sale and use is often highly regulated. Because of the finite nature of land, governments tend to regulate its use. Regulations can control the structural and architectural designs of the buildings, the use of the land, and the sale and transfer of land.

O'Regan & O'Regan has experience representing clients in litigation, permitting and regulatory actions, and acquisition and development of real estate. This includes going through the permitting and regulatory process as well as appealing decisions.

O'Regan & O'Regan has represented clients before local Zoning Board of Appeals, Planning Board, Selectman, Conservation Commission, Cape Cod Commission and the ABCC (Alcoholic Beverage Control Commission).

Litigation

Litigation refers to a legal action or contest in court for the purpose of enforcing a right or seeking a remedy. Although, many disputes can be resolved without resorting to litigation, sometimes disputes can only be resolved by going to court.

O'Regan & O'Regan has represented clients in a variety of matters. We have helped clients resolve conflicts without resorting to litigation and, when necessary, we have zealously advocated their position in court. We have litigation experience in: business matters, contract disputes, probate disputes, real estate transactions, easement disputes, sub-division issues, title issues, and environmental litigation. 

Personal Injury

O'Regan & O'Regan has experience representing clients in a variety of personal injury matters. Our experience ranges from automobile accidents to premises liability cases and beyond.

Probate

Traditionally, probate referred to the court procedure by which a will was determined to be valid or invalid. Today, probate also refers to the court procedure by which an estate is administered or guardianship is determined.

O'Regan & O'Regan has experience assisting clients in designing their estate plan and then assisting their family in administering the estate when the time comes. 

Real Estate

O'Regan & O'Regan advises buyers and sellers on all aspects of real estate acquisition, development, financing, ownership, leasing and operation.

Over the years we have handled a variety of real estate matters including: residential or commercial transactions, commercial leasing, landlord-tenant issues, title searches, abstracts of title, certification of title, issuing title insurance, real estate closings for lenders, review and advise on condominium association by laws and articles, subdivision development, and affordable housing development. 

Trademark/Copyright

A trademark (or service mark) is a mark that is used to identify the source of the goods or services in commerce. It includes, for example, words, slogans, symbols, designs, pictures, or combinations thereof. Other items such as sound or color can also be considered a trademark. In developing a trademark, it is important to note that the more fanciful the mark the greater the protection and the more valuable it can become as a source identifier.

By selling goods or services in a local geographic area common law trademark rights can be established. However, as more time, effort and financial resources are expended developing good will and a reputation for the goods or services the value of the trademark (or service mark) as an asset increases. The more valuable the trademark asset becomes, the more important it becomes to obtain a state or federal trademark registration.

There is no requirement that a trademark be registered, however, the benefits of trademark registration are several. First, it puts the public on notice of the claim of ownership of the trademark. When federally registered, there is a presumption of nationwide ownership and the exclusive right to use the trademark in connection with the goods or services identified in the registration. A federal registration can also be provided to US Customs to prevent the importation of gray market goods bearing the trademark into the United States.

It is important to note that only federally registered trademarks can be used in conjunction with the "®" symbol. Prior to receiving a federal registration for a trademark it is customary to use "^TM" (for trademarks) and "^SM" (for service marks) to designate that the mark is being used to identify the source of goods or services.

In its simplest conceptual format a copyright grants legal protection for information. The rights granted under the Copyright laws have become increasingly important to businesses in the information age. A copyright is an intangible right granted by statute to the author or originator of certain literary or artistic creations. Copyrights are incentive to create. Copyright protection is granted to original works of authorship that are fixed in a tangible medium of expression.

When copyright protection is desired, the work of authorship should include: "©, (the date of first publication), (name of the owner)." Many copyright owners also add the phrase "All rights reserved" which had traditionally been required under the 1910 Buenos Aires Convention, but is no longer required to perfect the notice requirements.

O'Regan & O'Regan recognizes the increasing importance and value that intangible assets, such as trademarks and copyrights, can represent for a business. We have the capacity to assist clients in acquisition of both federal and state trademarks, federal copyright registration, as well as coordinating efforts to obtain protection overseas, when appropriate. We can also counsel clients in procedures to ensure they retain the value in their intellectual property assets that has accrued.

Wills & Trusts and Estate Planning

A will is a document that enables a person to control who gets their property, who will be the guardian of their children and who will manage their estate in the event of their death. A will is probably the most important legal document an individual can ever have prepared.

O'Regan & O'Regan has experience understanding the estate planning needs of clients and making sure that each client's needs and wishes are met.