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Business Transactions and Disputes
The term “cradle to grave” describes the breadth of services the firm provides its business clients.
The birth of a business requires:
- Analysis of tax and operating issues to determine whether the business should be a corporation, limited liability company, partnership, or proprietorship; and
- Assistance in the structuring of multi-owner entities, including agreements among owners that may restrict sale or disposition to outsiders and cover other important governance issues.
Once the business is organized, its operation often requires legal advice on multiple issues, including employment-related matters, tax planning, government permitting, and contract preparation for general use or specific transactions. For example, business transaction attorneys:
- Draft or revise employment agreements and restrictive covenants for key employees;
- Prepare employment policies and employee handbooks in compliance with government rules and regulations;
- Draft documents for the protection of intellectual property;
- Prosecute and defend claims concerning contracts, labor disputes, government claims and investigations, products liability, and other matters; and
- Help the client acquire other businesses directly or through joint ventures and other structures.
If a client’s business is to be sold, divested, or significantly changed, the business transactions group has the experience to successfully advise and guide the client through the complicated process. Services include:
- Drafting and reviewing contracts for the sale of the business;
- Completing the sale and transition to a new, unrelated ownership;
- Providing tax and estate planning if the ownership is to stay within an owner’s family; and
- Liquidating assets, including the use of liquidating trusts and similar devices.
After the sale of a business, the business practice group provides advice on estate tax planning alternatives, including trusts, estates, family limited partnerships, and charitable planning.
The business transaction group has the experience to address all of the issues faced by businesses. Some have the practical, personal experience of owning and selling their own successful businesses in addition to practicing law. The business group also works in coordination with the firm’s real estate, taxation, civil litigation, fiduciary, and bankruptcy and financial restructuring professionals.