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Administrative law is a specific area that focused on the non-judicial processes whereby many things in our government are accomplished. Examples of administrative issues may be licensing, permitting or zoning issues; wherever an administrative body has been formed to enforce rules and regulations. Our administrative law practice is focused on the efficient management of the process and advocacy to get the necessary approvals and authorities for our clients to conduct business or defend their rights. The banking and financial institution area of our practice focuses on governmental regulation and compliance. This area is a much specified practice focused on the detail of the industry. Here we advise clients on processes and procedures, review and draft loan and security instruments as well as assist in regulatory compliance. General business law is a portion of the practice that allows our Firm to engage in the business of our clients as a “partner.” We believe in the partnership model not in actual practice or ownership but in dedication to the cause as if we were owners of the business. In this practice area we advise on legal and business issues sometimes sitting as a director or advisory board member. The issues may be broad or focused but our attorneys bring legal and business experience to bear on the issue helping the client to form a more reasoned and educated view of the situation. This team approach allows for the business owner than to make decisions from a superior position than if done alone. Commercial transactions are at the core of the Business Group. The Business Group is engaged in supporting and promoting commercial transactions on a daily basis. We are engaged for the analysis, negotiation and implementation of these business transactions. The underlying transaction may be a simple lease or a complex chain of events leading up the public sale or offering often governed or guided by the Uniform Commercial Code. The UCC, Uniform Commercial Code, is a guiding body of rules and laws adopted by many states and jurisdictions across the country. This area of practice is essential to a commercial law firm as it forms the basis for conducting commerce in a predictable and efficient manner. The attorneys and staff engaged in this area regularly apply and administer portions of the UCC to enhance the protection and predictability of transactions for our clients. Taxation is an important segment of business that cannot be ignored. Without taxes much of our infrastructure and community systems would not exist. Our tax practice is focused on a team advisory approach. While we employ tax professionals within the Firm we also work closely with our clients’ team to ensure a prudent approach is taken when our clients engage in a transaction. Understanding the complex area of taxes and the implication is the first step. From there we are able to forma n implement a plan that takes advantage of legitimate tax incentives and tax management strategies to enhance the financial outcome of the project or venture. Opportunity lies within changes in industry and economic cycles. This area of our practice is dedicated to the analysis, advisement and implementation of commercial purchase or sale transactions. These transactions sometimes come in the form of a joint venture or merger, purchase or sale. After clearly defining the goals of our clients we are able to help develop and execute a strategy to accomplish the goal. These transactions may take the form of an asset purchase, stock purchase, employee stock option plan (ESOP), merger, leveraged buy out or reverse merger to go public. The tools we have to apply are only limited by the specific goals and restriction of the deal at hand. The protection of a small privately held company is paramount. In many instances a small company is family owned or the majority owners have a great deal of their personal wealth tied up in the business. It is a key asset in their estates and a major component of their net worth. Buy/Sell agreements are a tool to help plan the succession and proper payment of value under certain circumstances. For instance a buy/sell agreement would address what happens in the event of death or disability of an owner. How would the ownership be handled, what value would be affixed to the ownership, how would the owner’s estate be compensated. Buy/Sell agreements often address issues such as Business Continuation and key person planning as well. The compliance with local, state and federal laws and rules are a very important aspect of liability protection and sound business management. The Business Group regularly monitors changes in rules and regulations and acts as the registered agent for our business clients. Through this engagement we are able to assist in annual compliance an guide our clients in the manner in which they conduct their business to help prevent, license revocations, negative status changes or fines and penalties as a result of non-compliance. Consumer credit involves all aspects of an individual being extended credit for product or service to be consumed personally or within the consumer’s family. Consumer credit issues are at the sole of commerce today. Our society is rapidly moving from a cash consumer to a credit basis. Whether the credit is extended for a few hours, months or years, cash is becoming less convenient and less common. This practice area deals with the issues surrounding credit transactions. While we predominantly serve the creditor, the understanding of all sides of this are is very essential. Addressing issues revolving around the Uniform Consumer Credit Code (UCCC) and the Fair Credit Reporting Act (FCRA) are a central part of this practice area. Contracts are long lived and a necessary part of our commercial society. Any written or verbal agreement between two parties forms the essence of a contract. We are accustomed today to see contracts used to memorialize the understanding of the parties involved in circumstances ranging from simple to complex. This practice group regularly reviews and advises our clients on contract terms bringing to light potential pitfalls, new court rulings and litigation impact if there is a breach of contract. We also are engaged to negotiate and draft agreements designed to protect the interests of our clients and promote the commercial objective. The rights of those that extend credit to commercial entities or consumers are essential to the sound operation of out economy. The preservation and protection of those rights is carried out through solid commercial agreements, securitization of the credit transaction and prudent legislative effort. This practice area involves document review and drafting, and advocacy in the state and federal courts as well as representation in the legislative branches of our government. Employment law spans many issues but focuses on the employer/employee relationship. This practice area deals with many state and federal employment issues, ranging from hiring processes and procedures to defending wrongful termination or discrimination claims. We are engaged for consultation, advocacy an most importantly preventative advise to ensure a productive an compliant work environment. Creditor bankruptcy is a reality today. With swinging economic times and the vast extension of commercial and Consumer Credit businesses are facing the challenges of its consumers filing for bankruptcy relief and often discharge of the underlying debt. Our attorneys and staff are engaged to advise and advocate for our clients maximizing the debt recovery and minimizing the delays and expenses caused by bankruptcy. Business continuation is essential to the successful life of a commercial entity. The goal sometimes is for an individual to build a simple business to pass his or her time, but commonly it is to build a commercial enterprise that will produce income and wealth beyond the efforts of the proprietor. In this case the effective and proper formulation and implementation of a business continuation plan is essential. We assist in the design and implementation of continuation plans as a segment of the owners’ wealth preservation plan as well as for continuity of the business’ operations into the future. This area of practice regularly involves Buy/Sell Agreements, transfer strategies and exit plans. |
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