Business Transactions


Business Formation

Developing a new business requires the business owner to make many important decisions. One of the most critical decisions is knowing the form of business entity to create. We assist new business owners to determine whether they are best suited to operate as a corporation, partnership, limited liability company or sole proprietorship; we then form the appropriate entity. Licensed professionals (architects, engineers, land surveyors, landscape architects, accountants, attorneys and members of the medical profession) have additional legal issues that govern the form of entity best suited for them. We explore each client’s business goals, explain the appropriate alternatives, provide our recommendations and let the client decide.

Business Agreements

Clients often ask us to prepare agreements and other documents that they need in their dealings with customers and other businesses. We are also frequently asked to review, explain and negotiate agreements that our clients have been asked to sign. Successful business relationships are based on contracts that clearly set forth the terms that the parties have agreed upon and we assist our clients by ensuring that the contracts they sign are well-written and contain the language necessary to protect their interests.

Business Sales/Acquisitions/Mergers

The process to sell, buy, or merge a business can be daunting. Proper structure of the transaction, preparation of the documentation, attention to the many details and a successful closing of the transaction are what a client is entitled to receive from their attorney – at a minimum.

To us, that is simply not enough.

The key to successful representation is not just technical expertise. The key is the ability of counsel to negotiate with adversaries in a skillful manner to bring the parties together in a way that is advantageous to the client.

That is what we do.

Business Succession Planning

Planning an exit strategy from a business can feel like a monumental challenge for a business owner. Not only does the business owner have to create an exit plan, they also have to decide what they will do after they are no longer at the helm. It is critical that both issues be addressed by counsel to assure a smooth and successful transfer of ownership.

Another important consideration is what will happen if a co-owner or critical employee leaves the business at some point. The likelihood that a business will survive the shock of losing a key person is directly related to whether the business owners had the foresight to plan for business continuation. The time to develop a plan to address the death, retirement or permanent disability of a key person is not when the event occurs, but in advance. Similarly, it’s best to plan ahead for the possibility that a co-owner may want to sell his or her interest in the business at some point. We work with our clients to develop the appropriate transition plan and we prepare the necessary agreements to make sure the business continues seamlessly.

We guide our clients through various succession planning options, help them evaluate the risks and rewards associated with each, and then let them choose the plan that is best suited to meet their goals.