BUSINESS TRANSACTIONS & DISPUTES
Self-starters and entrepreneurs are the heroes that make our economy go. Tomlinson McKinstry has resources to help with every aspect of a business’s development – from the earliest germination of a business’s goals, to protecting its interests as it grows, to monetizing assets and equity in the business. Many small businesses are incorporated or organized into a corporation or LLC in order to separate business and personal assets. Businesses need contracts with vendors and customers to be written and interpreted. Often, the assets or stock of one business are purchased by another. Dealership and franchise agreements are critical both for the owners and the franchise.
Our attorneys have assisted in the purchase and sale of business inventory, aircraft, inventions, brand goodwill, and stock in large and small businesses. They can even suggest legislative solutions to difficult problems. Tomlinson McKinstry lawyers not only can assist with these needs, but can assist in the unfortunate event that a transaction or business interest causes a dispute, avoiding litigation when possible, and placing you in a position for success when litigation is inevitable.
Business Formation
Unless your business is organized to limit liability, your personal assets are at risk due to business liabilities. Forming a corporation or limited liability company does not have to be complicated – most situations can be handled in just a few days for limited cost. But the added protection that a properly-managed corporation or LLC can provide gives you proper separation of business and personal assets, and helps to protect your savings from claims by employees and customers. Let us know what your business’s needs are, and we’ll work with you to craft an individual solution.
Contracts
A contract is, in theory, quite simple – two or more parties simply state the rules that will apply to them going forward. The interpretation and drafting of these documents, in practice, can be much more complicated. Whether we’re creating a non-competition agreement for a business, a non-disclosure agreement involving technology, website terms of service, a software development agreement, a license agreement or an agreement between a contractor and subcontractor, we can help keep the document from containing or creating surprises for the parties. When disputes about these agreements lead to litigation, our team of experienced litigators can help you limit your cost – and optimize your outcome.
Business and Asset Sales
Buying and selling a business can be intimidating – issues of pending litigation, environmental liability, and minority ownership can quickly take a great business deal and turn it sour. Our attorneys have experience with company asset and equity purchases valued from millions of dollars to small investments and sales that are worth just a few thousand. The hard work of these deals – due diligence, contract drafting, and compliance with corporate documents – is critical. We know the pitfalls that these deals have and would be happy to help guide you through your transaction.
Franchise and Dealer Disputes
Our attorneys have been working with franchise and dealership arrangements for decades. We represent manufacturers and assist them with dealer agreements and policing dealer standards. Additionally, we represent restaurant and other franchisees, keeping them in good standing with their franchisors and stepping in the breach when the relationship is strained. These relationships are unique, and involve brand and trademark standards as well as sales targets and reporting obligations. Put our familiarity with these situations to work for you.
Legislative Support
Our firm does not provide lobbying services. However, our attorneys have assisted industry groups in interpreting and drafting legislation, and have worked closely with government agencies in adopting new or revised rules. If your government relations team needs assistance in the crafting of proposed statutory language to solve problems in the industries, we will help you navigate through the traps which might prevent your efforts from being successful.
Business Litigation
Sometimes even good deals go bad. While two contracting parties never intend for a relationship to end up in court, sometimes litigation is inevitable. We can help you communicate with the other side in a way to both limit your legal cost and exposure and enhance your outcome. Sometimes, alternative dispute techniques are effective in ending controversies early without the expense of protracted litigation. However, there are times when trying a case before a jury is the only way to defend your company’s position. In that uncertain situation, we will have you prepared for your day in court and position your case for the best outcome possible. If a business dispute is festering, let us help you on the front end to lessen the pain of litigation and develop a winning strategy.