Business and Commercial Law
Starting a Business and Entity Formation. There are a variety of business entities that can be formed. We guide in the selection of which entity is the most appropriate in light of expected tax consequences, future growth, and style of management. After that important decision is made, we draft all of the documents related to the formation of that business entity, such as articles of incorporation, articles of organization, bylaws, operating agreements, agreements among investors, employee contracts, leases, other contracts, and so forth.
Business Consultation and Advice. When a business entity exists, there are constant legal matters that are encountered which give rise to questions that can be directed to us. There is an old adage that is quite true, namely, “better to seek the advice of your attorney before you make the decision, rather than after-the-fact asking your attorney to fix the problem or mitigate the damages.” Often legal questions can be answered by a simple telephone call or an email exchange. For more complex matters, we come alongside to provide important advice, suggestions and guidance.
Business and Commercial Litigation. We live in a litigious society. Even if decisions are made correctly and legally, that by itself does not prevent a business from finding itself involved in a lawsuit. We offer extensive experience and high competence as a trial lawyer. We represent plaintiffs and defendants in state courts and federal courts. In employment litigation we are retained by employers and by employees and we are familiar with the laws, trial procedures and strategies on both sides. We are also experienced in alternatives to litigation such as arbitration and mediation pertaining to business matters.
Advocate in Negotiation. Businesses are constantly involved in making deals, dealing with governmental entities, negotiating the terms of a contract, and the like. Because of our extensive experience we stand in an excellent position to represent businesses with their negotiations relating to business matters. Often business negotiation is not adversarial, but each side is trying to attain what is advantageous to them if at all possible. We help cut through the smoke and offer salient positions and provisions of agreements and contracts of any kind. This is far more than “handholding.” It is applying our background, legal knowledge, and extensive experience to make sure that our client obtains a truly fair result. When an agreement has been struck, we have the ability and experience to draft excellent contracts and other legal documents necessary to consummate the transaction.
Succession Planning. Business succession planning is wise. The principals of the business are typically very interested in making sure that all of their dreams, efforts, vision, guts and investment will not be lost if they should become disabled, retire, or suffer an untimely death. It makes sense to plan for that succession well in advance of when it may be anticipated. Of course, there are issues of who will be the successor, and on what terms. We provide advice and guidance in forming a comprehensive and sensible business succession plan.
