Business organizations is a broad area of legal services representing business enterprises of all sizes and those who create them. Legal advice is often required on a variety of topics, including the choice of business entity, process of formation, type of governance, nature of ownership, operational matters, combinations, acquisitions, dispositions and dissolutions of such entities. Lawyers who practice in this area often need to be well-versed in many legal disciplines, which may include tax, corporate, partnership, securities, real estate, nonprofit, intellectual property, banking, insolvency, fiduciary and limited liability law. Where necessary, affiliated attorneys will be engaged so that all client needs are met.
The legal skills required of a business organizations lawyer also include the ability to advise the client, not just with respect to immediate concerns regarding the initial entity formation and subsequent operation, but also concerns relative to ownership and the passing of ownership to future generations or for the eventual sale of the business. How best to structure a closely or family held business enterprise, therefore, requires an in-depth understanding of a client’s strategic business objectives as well as estate planning concerns. I will work with you to make sure these areas are addressed as well.
In addition to internal issues, practice in the business organizations area also involves relationships between organizations and the interactions and transactions among them. This includes contracts, both drafting and negotiation, as well as joint ventures and mergers and acquisitions. This area of business organizations is very wide-ranging in scope, dealing primarily with defining the rights and responsibilities of business organizations with third parties rather than their internal formation and operation. Again, I will work with you to make sure these areas are addressed as well.
While many business organizations are relatively small, including traditional family-owned companies and entrepreneurial start-up ventures, many are large and complex enterprises with highly sophisticated governance structures. Accordingly, the legal work involved can range from total representation of the organization, including its owner(s), in all aspects of the organization’s legal activities to engagement as a specialist by larger business organizations that have sophisticated in-house legal counsel.