Business Counseling

Family 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 2nd generation ownership and less than 10% will survive the 3rd 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

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

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

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

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:

  • 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

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