Business Transaction and Litigation
Our dedicated attorneys and staff serve a wide range of business clients in transactional and commercial litigation services
Business Transaction Guide
At the law firm of McKean Smith, our dedicated attorneys and staff serve a wide range of business clients in transactional and commercial litigation services. We have designed our legal service to be flexible and responsive to our clients’ individual needs.
We provide representation, advice, and counsel for many business law issues, including:
Business formation is often the first major step for entrepreneurs establishing new companies since your business structure can be used to secure financing, executives and other major pillars holding up a company. Our firm provides formation advice for corporations, LLCs and partnerships. A solid business structure provides your organization with the best possible chance of success. We advise clients on the various types of legal entities and evaluate which options will work best for your situation. We also advise them on what steps they need to take to be successful and to minimize potential conflict in the future. Usually, one of the first major steps is to develop a solid, well thought out operating agreement.
We Mean Business
Shareholder, Partnership and Operating Agreements:
Few aspects of building a company are more important than effectively defining the rights and duties of the company owners. Drafting an effective Shareholder Agreement for a corporation, or Operating Agreement for a partnership or LLC is essential to providing our clients with valuable control and flexibility over the operation of their company. They are critical for any potential business dispute or dissolution that may occur down the road. Our goal is to prevent business litigation in the future by helping our clients to anticipate problems today. We work closely with our clients to create a document that effectively addresses the company’s unique circumstances, accounting for both expected and unexpected future developments.
Buying and Selling Businesses:
We represent buyers and sellers in the purchase or sale of businesses. This includes the purchase of assets or shares of stock or acquiring the business as a whole. Buying or selling a business is a momentous decision that requires the skilled guidance of a business lawyer. McKean Smith provides guidance through all phases of an acquisition, including purchase negotiations, purchase agreements, and due diligence. We work closely with CPAs in business valuation, and drafting acquisition or sale agreements with the goal of preventing problems and business disputes in the future. We can also provide assistance with your business succession plans.
Preparing for the succession of a business is critical, and how assets are distributed and conveyed can have significant tax consequences and other implications for subsequent generations. For a business that is owned by a few individuals, such as members of a family, business succession involves careful planning to ease the transition anytime there is a change of ownership. Typically, this happens when a senior or majority owner or manager dies, retires, or becomes disabled. We help draft agreements for the company and its owners, as well as personal estate planning documents, to accomplish our clients’ objectives and minimize any tax or financial burdens.
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