BORWHAT LAW FIRM, P.L.L.C.
Business & Corporate Services
BUSINESS SERVICES

Our firm provides comprehensive general counsel services to mid-size, small and newly formed businesses. The firm’s approach is to work closely with each client to completely and comprehensively service each client’s legal needs through all phases of the business life cycle from the inception of the business through its growth and maturation.

We understand that most small businesses cannot afford the expense of hiring an in-house corporate attorney or having a full-time attorney on staff. One of the most important functions of a business attorney is not telling their client what they cannot do but developing creative, cost-effective solutions to meet their challenging business needs.

At the Borwhat Law Firm, we assist our business clients through all phases of the business life cycle. Our experience includes helping clients start their companies, providing guidance and counsel with regulatory issues, transactions and deals, divesture, asset purchases and acquisition, disputes and litigation.
 

The firm concentrates its business and corporate services into three primary areas.

  • Business Formation & Succession
  • Business Transactions
  • Business Disputes & Litigation


Business Formation & Succession

One of the first and most critical decisions you will make when starting your own business is deciding what type of business entity is best suited for your specific company needs.  Our firm will assist you through the decision making process in order to decide whether it is best to form an S Corporation, C Corporation, Sole Proprietorship, Partnership, or Limited Liability Company. We help our clients understand the differences and choose the best and most cost-efficient business structure considering your particular circumstances, operational and financial needs of your business.

No matter what the business entity, our firm will draft, prepare and file all paperwork necessary to the formation of your company.  We can prepare shareholder/partnership agreements, operating agreements for limited liability companies, assist with obtaining necessary licenses and permits, and prepare the necessary documentation for ending or selling your business.

Business Transactions

Starting a business and managing the ongoing operations is a time-consuming commitment. Let our firm prepare your business agreements and contracts so you can focus on making more deals. We have prepared and negotiated many types of business contracts and agreements including but not limited to:


Shareholder Agreements concerning the formation, organization and control of corporations and other business entities;
Distribution, sales, supply, consulting and loan arrangements;
Confidentiality, trade secret, non-competition, and non-disclosure agreements, offer letters;
Asset Transfer and Purchase Agreements, Asset Management Agreements and Buy Sell Agreements;
Joint Venture, Business Development, and Collaboration Agreements; and
Leases and License agreements.

Employment/Non-compete Agreements


The protection of a business’ trade secrets, client lists, and proprietary information is critical to the success of your company.  Hiring an employee always involves some risk considering no job is permanent. One of the biggest concerns is for a former employee sharing vital information, client lists, trade secrets, and other proprietary information with competitors or using your intellectual property to compete against you. We can help you draft non-compete and non-solicitation covenants, non-disclosure, confidentiality and other agreements to protect your business interests and confidential information.

Purchase or Sale of an Existing Business

Whether it's the sale of your business or the purchase of a business, our firm provides advice and representation regarding the negotiation of the purchase price, terms of sale, and drafting of the sales agreement, asset purchase agreements and more. Our firm also conducts a legal due diligence analysis and investigation so that you have a complete understanding of the prospective business relationship.

Business Disputes & Litigation


We understand that no one wants to litigate their dispute and place the fate of their business in the hands of the court. For a small business, litigation can be extremely costly not only financially but time consuming forcing a business to focus all of its valuable and limited resources in the prosecution of the lawsuit. While we recognize that some disputes may only be resolved by the courts, we regularly assist our clients to avoid the burden and expense of litigation through creative business solutions and the use of alternative dispute resolution mechanisms such as mediation or arbitration.

Once a matter proceeds to court, we aggressively represent and protect the interests of our clients. We prepare all the necessary pleadings and motions that advance our client’s positions. Our strength in litigation rests on our comprehensive and sophisticated understanding of our clients’ businesses and our ability to execute creative and aggressive responses to our clients’ problems.  We represent clients in disputes alleging breach of contract, fraud, unfair competition, breach of fiduciary duty, and interference with economic relationships.

CORPORATE LAW, GOVERNANCE & TRANSACTIONS SERVICES

With a rapidly changing and increasingly complex and changing business landscape and regulatory environment many of our clients retain us to act as their “outside in-house counsel.” This arrangement provides significant advantages for our clients allowing the firm to develop an in-depth knowledge of our client’s legal needs, business, and culture through the development of a long-term relationship that promotes efficiency of service and integration with our client’s management team.

We regularly advise clients on such matters as:

  • Formation of corporations, limited liability companies, and other entities and preparation of related documents
  • Founders' agreements, shareholders' agreements, operating agreements, and partnership agreements
  • Board composition and procedures
  • Board of director matters and voting agreements
  • Employment law: Family Medical Leave Act, Americans with Disability Act, Fair Labor Standards Act
  • Employee and Executive benefits and compensation
  • Equity and non-equity based incentive compensation and option plans
  • Intellectual property commercialization, licensing and other technology transactions
  • Strategic alliances, joint ventures, outsourcing and other partnering transactions
  • Corporate worksouts
  • Privacy and data security
  • Regulatory and internal compliance
  • Crisis management

The firm’s corporate services practice includes the representation of closely held corporations and business organizations, as well as emerging entities, individuals, charitable (or not-for-profit) institutions and entrepreneurs across multiple industries including Communications & Networking, Electronics & Computer Hardware, Information Service Providers, Life Sciences, Media & Entertainment, Software, and Venture Capital.


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