Business Counseling

Business Continuity Planning

Over the next 50 years, more than 15 Trillion (yes, that is trillion with a T) worth of businesses will transfer to a next generation business owner. However, statistics show less than 23% of these family-owned businesses will ultimately survive the 2^nd generation ownership and less than 10% will survive the 3^rd generation ownership. These can be sobering statistics; but there is an alternative.

Our team of advisers has extensive experience advising 2nd generation business owners and helping them be more pro-active in the continuity planning process and be more prepared to handle the organizational, operational, and financial challenges of business ownership.

Why You Need a Family Business Continuity Plan
Understanding the Founder Perspective on His Business
Facilitating a Smooth Transition from the Founder
Why Ownership Is Not the Same as Leadership or Management
Why Entrepreneurship and Business Ownership Might Not Be for You
Understanding Your Owner Personality and How It Fits into a Business Structure
How to Handle Disputes with Siblings Vying for a Leadership Role in the Business
Strategies to Amicably Resolve Business Dispute with Family Members
Making Sure You have Boundaries Between Family and Business
Understanding the Personal Financial Risks Associated with Business Ownership
Conducting Your Own Due Diligence on the Family Business

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Business Transactions

Business deals become more technical and complex every day. Regulatory and legal hurdles abound, tax issues crop up, and unanticipated problems rear their ugly head. Meanwhile, the usual gap between buyer and seller gets wider and wider. We help businesses stay on the right track with advice on a variety of transactions:

Buying or Selling a Business
Mergers and Acquisitions
Letters of Intent
Asset Purchase Agreements

Reorganizations
Raising Capital
Stock Purchase and Sale Agreements
Liquidations

Issuing Stock for Investors
Stock Redemption Agreements
Joint Ventures
Private Equity

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Business Ownership and Operations

Improve your company by evaluating your operations and ownership. The alignment of business objectives with an effective decision-making structure can increase profits. When you need to improve communication and define roles, let us help you with:

LLC Formation
Voting Agreements
LLC Operating Agreements
Shareholder Disputes and Resolutions
LLC Buy-Sell Agreements
Bank Financing
LLC Member and Manager Duties
Personal Guarantees
LLC Member Disputes and Resolutions
Security Agreements
Corporation Formation
Stock Pledge Agreements
C Corporation Strategies
UCC Filings and Releases
S Corporation Strategies
Corporate and LLC Compliance
Bylaws
Management Succession
Corporate Buy-Sell Agreement
Ownership Succession
Officer and Director Duties
Governance Transition
Shareholder Agreements
Franchise Agreements
Shareholder Control Agreements
Corporate Minute Book

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Business Planning and Advice

You encounter numerous business and legal issues every day in your business. We help you address these issues efficiently and pragmatically:

Contracts
Copyright/Service Mark Registration Ownership
Product and Service Warranties
Contract Administration
Websites Ownership and Rights
Equipment Financing & Leasing
Distributions Agreements
Software Licensing
Insurance Coverage
Terms and Conditions
Software Development Agreements
Risk Management
Terms of Sale
Supply Agreements
Settlement Agreements
Purchase Order Terms
Sales Representative Agreements
Indemnity Agreements
Protecting Confidential Information/Trade Secrets/Intellectual Property
Management Agreements
Document Retention Policies
Trademark Registration
Master Services Agreements
E-Sign and UETA

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Compensation Planning

Salaries, deferred compensation, bonus plans, stock options, retirement plans, health care benefits – are all part of compensation packages that can keep key employees around. Strategic compensation planning also helps motivate and retain employees. Here are areas where we have helped clients retain their key employees:

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Employee Benefits
Section 409A Plans
Qualified Plans
Cafeteria Plans
Non-qualified Plans
Flexible Spending Accounts
Defined Contributions Plans
Section 125 Plans
Profit Sharing Plans
SEPs
Defined Benefit Plans
IRAs
Deferred Compensation Plans
Simple Plans
Nonqualified Deferred Compensation
Salary Continuation Plan
Stock Options
Healthcare Reimbursement Account
Phantom Stock Plans
Medical Reimbursement Account
NQSOs (Non-Qualified Stock Options)
Childcare Reimbursement Account

Employment and Human Resources

Human capital is the buzzword today. Reward good employees and protect your valuable business from problem employees.

Employment Agreements
Employee Handbook
Drug Testing
At-Will Employment Agreements
Employee Severance Agreements
Sexual Harassment
Independent Contractor Agreements
Social Media Policies
Paid Time-Off Policies
Noncompete Agreements
FMLA – Family Medical Leave Act Policies
Vacation Pay and Policies
Nonsolicitation Agreements
ADA – Americans with Disabilities Act Compliance
Personal Leave
Nondisclosure Agreements
Employment Discrimination
Performance Evaluation
Work-For-Hire Agreements
Hiring and Firing Processes

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Real Estate

Acquisition, lease, rental, and sale of buildings and land can be a huge part of business operations. Making the best use of business real estate assets can involve a combination of transaction analysis, negotiation, and environmental considerations.

Buying or Selling Real Estate
Subleases
Mortgages
CAM Charges
Land Contracts
Triple Net Leases
Title Insurance
Gross Leases
Environmental Matters
Warranty Deeds
Like-kind Exchanges
Quitclaim Deeds
Leases
Ladybird Deeds

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