BUSINESS: Counsel and Guidance for Corporations and Entrepreneurs

We know that legal counsel is critical to the success of businesses and good legal representation can make a substantial contribution to a company's revenues. Our attorneys work with corporations, franchisees, partnerships, limited liability companies and entrepreneurs to provide maximum legal counsel and experienced guidance.

Contracts
Most businesses encounter contracts of many different forms—with vendors, landlords, tenants, customers, employees, builders and other service providers. Although we understand the financial pressure to minimize the expense of contract preparation, review and compliance, our attorneys often can produce significant long-term savings in the form of risk and cost avoidance and management.

Litigation
Sometimes conflicts rise to the level where they cannot be resolved short of legal action. In these circumstances, skilled litigation attorneys are of critical importance to the efficient and successful resolution of the dispute.

Labor and Employment
Today's workplace is a complex environment for business owners and managers—risky to navigate without experienced legal counsel. We counsel employers on the numerous state and federal laws that affect the employer/employee relationship, both those that prohibit and those that dictate employers' actions. In addition, there are often city and county ordinances that further regulate employers, imposing duties and sanctions. We provide every client with both a general review of the applicable laws in relationship to each employer's business, and a commitment to conduct an individual review of significant employment decisions by the employer, prior to their implementation. Clients appreciate this risk avoidance and liability management aspect of our representation and counsel.

• Employment Policies and Procedures
Our attorneys draft or assist in the drafting of employment policies, employee handbooks, employment agreements, restrictive covenants, and settlement and release agreements, as well as counseling employers at the beginning and termination of employment relationships, as needed. At client invitation, we conduct training programs at their facilities on all aspects of workplace compliance and general employment topics.

• Employment Conflicts and Disputes
Even for those employers who do their best to follow the laws and protect themselves to the extent possible from risk, there will be cases in which a dispute arises. In that event, we provide sound legal advice and experienced representation in defending claims brought by employees before an administrative body or in state or federal court.

• Employment Investigations of Employee Complaints
Employers who receive an employee complaint, particularly one alleging sexual harassment, have a duty to conduct a fair and impartial investigation of that complaint. For various reasons, including the preservation of the employer's attorney-client privilege with existing counsel, it is often prudent for the employer to hire outside counsel to conduct the investigation and prepare a report advising the employer of its findings. Our attorneys have experience in acting as outside investigators and will quickly and thoroughly investigate complaints, document the evidence and prepare a thorough and complete report for the employer.

• Employment for Individuals, Counsel on Severance Agreements and Releases
Where no conflict arises with current clients of the firm, our attorneys also provide representation to employees or groups of employees who are discharged or whose positions are eliminated and have been provided with a proposed Severance Agreement and Release. Most often, the proposed agreement will instruct an employee that he or she has the right to seek the advice of counsel regarding that agreement, but there is generally a very short period of time in which to do so. It is critical to act swiftly to consult an attorney with experience in such matters. We help employees obtain all relevant personnel records, as well as review and evaluate the terms of the agreement and the circumstances of the cessation of employment, in order to properly advise them of their options.
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Buy-Sell Arrangements
A legal necessity for businesses with a relatively few number of owners; specifying what is to happen to the ownership and control of a business when one of the principal owners should become unavailable to participate in the management of the business due to illness or death.
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Business Formation, Maintenance and Termination
In order to acquire and maintain the limited liability protection of corporations or other entities, it is imperative that certain legal steps be properly followed. Our attorneys manage proper record keeping and the adherence to statutory requirements in these circumstances.
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Sales of Businesses
In a business context, few areas require the same level of legal expertise as the sale or purchase of the business itself. Our attorneys are extensively experienced in these transactions, which require substantial legal and tax counsel as well as documentation both on the seller and the buyer side.
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Commercial Real Estate
Unwittingly taking property with soil issues can be extremely costly. With the growing liabilities involved with the sale and purchase of contaminated soil, retaining competent commercial real estate counsel is more important than ever. Other real estate and property issues that our attorneys handle include evictions, leases and loan documentation.
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