litigation & arbitration.

litigation & arbitration.

Litigation can be a stressful proposition. It helps to have exceptional counsel by your side. We have litigated cases before state and federal trial and appellate courts throughout the region with outstanding results. Our advocacy also extends beyond the courtroom where we routinely represent clients in arbitration, mediation and administrative proceedings.

commercial disputes.

Litigation is not the answer to every commercial dispute but when you must litigate you can depend on us to assert your rights aggressively in court. If you are the target of litigation, we can help safeguard the business you have worked hard to build.

We have represented plaintiffs and defendants in a variety of commercial disputes, including those arising from breach of contract, unfair competition, mergers and acquisitions, construction defects, shareholder disputes and tax contests.

Our attorneys work closely with our clients to develop a litigation strategy focused not only on a legal “win” but that also recognizes the long term interests of the operating business.

shareholder disputes.

Disputes between business owners are often particularly acrimonious and complex. We have deep experience litigating these disputes and are familiar with their difficulties and nuances. Our transactional experience allows us not only to be more effective litigators but lets us construct complex settlement and “business divorce” structures that work.

mergers & acquisitions.

Buying or selling a business can be profitable and rewarding. It can also give rise to potentially devastating litigation. Unlike many litigation-only boutiques whose attorneys must spend billable time educating themselves on the nuances of a sale or acquisition, our transactional experience allows us to deliver powerful advocacy quickly and less expensively.

We have successfully secured injunctions and substantial recoveries for clients when transactions have resulted in disputes.

unfair competition & misappropriation of trade secrets.

A company’s employees are often its greatest assets but a high level employee that misappropriates trade secrets or violates a non-compete or non-solicitation agreement can destroy value overnight. Preventing irreparable damage requires fast and decisive legal measures. We have assisted clients in securing the return of stolen trade secrets and obtaining injunctions prohibiting former employees from unfairly competing.

arbitration.

In a binding arbitration, the parties agree to submit their dispute to a private person, typically an attorney or former judge, and to be bound by that person’s decision. Binding arbitration is sometimes required by contract and can be less expensive, less public and faster than traditional litigation. Our attorneys can review options for dispute resolution and advise on whether arbitration advances the client’s overall objectives. If arbitration is required, our attorneys have the experience necessary to aggressively represent the client’s interest throughout the process.

commercial contracts & transactions.

We provide a broad spectrum of business law services to businesses of all sizes. Whether the transaction involves procuring materials or services, negotiating a distribution agreement, a financing arrangement or a technology license, our goal is the same – assist the client in negotiating a workable arrangement that considers both the long term and short-term needs of the business.

business formation & capital accumulation.

The choice of the form of entity is among the earliest legal decisions made by a company. Organizing as an LLC, partnership or corporation has significant implications for the life of the business. If your business blends pursuit of profit with public purpose, our attorneys can help you select newer forms of organizations such as “B” corporations that will help to distinguish your business from other competitors. Sound legal advice early in the process can ensure that the form of organization selected by the business meets not only your current needs, but also can be adapted to the needs of a growing business.

We also assist business partners, investors and lenders in structuring the relationship between one another to create workable management structure and facilitate capital accumulation.

executive compensation.

Appropriately compensating and incentivizing high level employees to advance a company’s goals can be a delicate task. Our attorneys assist corporate clients in developing and implementing employment agreements, profit-sharing and phantom stock plans and other executive compensation structures. We also advise individual executives on restrictive covenants, severance agreements and compensation packages.

employment.

Employment matters can be deeply personal and disruptive. Mishandled, they create a poisonous work environment. We strive to resolve issues before they end up in court. By working with our clients early, we can help develop strategies, employee handbooks and office procedures that resolve issues without the need for litigation.

We also advise clients on developing enforceable non-competition, confidentiality and non-solicitation agreements to protect valuable intangibles from unscrupulous employees and competitors.

succession & estate planning.

We regularly advise clients on how to pass their assets to children, family members or charities while minimizing taxation. When a client’s assets include a closely-held business, our attorneys can navigate the legal and practical complexities of how to transition management responsibilities, allow non-participating family members to derive benefit from the corporation and continue to receive income from the business during retirement.

taxation.

[tax contests] Successful resolution to tax controversies often begins long before reaching an IRS appeals officer. We routinely advise clients during audits on responding to IDRs, handing IRS agents and developing audits strategies.

We regularly represent clients before the IRS and state taxing authorities to resolve and defend a variety of tax disputes. If litigation is necessary, we are able to bring our deep litigation experience to achieve the best possible outcome for the client.

[tax planning] Most commercial transactions involve tax considerations. We routinely advise clients on how to minimize the state and federal tax liability associated with their business activities. Working with clients’ accounting and financial professionals, we strive to develop strategies that add value and help to bridge the gaps necessary to complete transactions.

[tax liability resolution] Dealing with the IRS can be a daunting and unsettling task. It helps to have exceptional counsel by your side. We routinely negotiate with the IRS and state taxing authorities on behalf of clients to reduce liability from unpaid taxes, penalties and interest, sometimes for a fraction of the amount owed.

mergers & acquisitions.

Buying, selling or merging businesses can be complicated, with the significant risks for all parties. Our expertise in planning, negotiating and executing these transactions allows us to develop strategies that advance your interests through every step of the process.

Our expertise does not end at closing. We routinely provide continuing advice on all phases of post-acquisition activities, including the consolidation of benefit plans, assignment of distribution agreements and licenses and post-acquisition tax planning.

copyrights & trademarks.

A company’s brand is often its most valuable asset yet many businesses fail to appropriately protect it. We represent clients in a full range of trademark and servicemark issues from evaluation of potential marks to registration with the United State Patent and Trademark Office and licensing.

Our attorneys assist clients in obtaining copyright protection of computer software, artistic works, manuals, documentation and other forms of creative work. We draft copyright licenses and assignments and can prepare fair use and non-infringement opinion letters.

sweepstakes & promotions.

Sweepstakes, games of chance and skill contests are a popular form of marketing with a high return on investment. New communication channels, such as the Internet, smartphones, Facebook, Twitter and SMS messaging, have increased the effectiveness of these tools and allow businesses and marketers to create highly interactive experiences for potential customers.

These next generation promotions create complicated legal issues. In addition to state lottery laws, many of these promotions raise issues under federal legislation such as the Children’s Online Privacy Protection Act (COPPA), the Digital Millennium Copyright Act, Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) and the Communications Decency Act.

Our attorneys are on the leading edge of the trend and have experience with all types of sweepstakes, skill contests and games of chance, including those that integrate user generated content, SMS messaging, Facebook and Twitter.

family business.

Anyone involved in a family business understands that it functions differently than a traditional business. We get it. We are family business. Members of our immediate families run family businesses. We represent family businesses.

Our attorneys assist family business clients pass wealth to younger generations, structure management in a way that makes operational sense and manage family-member employees. If a dispute arises within a family business, we have experience with the litigating the sometimes deeply personal controversies that arise.