Business Law

The corporate and contractual framework within which organizations operate can be described as business law. Business law ultimately aims to secure this legal framework, keeping it up-to-date and making sure it meets the needs of organizations and their owners, creditors, consumers, and public.

Danna McKitrick's legal advisors offer thorough counsel and project follow-through at competitive rates. From the occasional advice and document review that businesses need, to on-going advice where we become "outsourced general counsel," we meet the legal needs of scores of companies and not-for-profit organizations every day.

We help you resolve today's problems and avoid tomorrow's. We have excellent perspectives for you to consider regarding tax issues, choosing the best business structure (sole-proprietorship, partnership, corporation, limited liability company, etc.), protecting your company's interests — personnel, assets, intellectual property, etc — and meeting regulatory, administrative and licensing requirements, to name just a few.

Our business transactional attorneys collaborate with our litigators who share their practical experiences about disputes, arguments, and court precedence that add to our ability to provide outstanding preventative advice. This effective team approach is a key element that inspires our clients' repeat business.

• Contracts, Relationship Agreements & Processes
• Corporate Governance
• Business Tax Advice and Planning
• Financing and Investor Relations
• Succession
• Stakeholder Needs
• Regulatory Compliance

Contracts, Relationship Agreements & Processes
We create and advise concerning contractual agreements that further enhance your business relationships with your manufacturers, distributors, resellers, licensors, vendors and suppliers, franchisers, employees, strategic partners and alliances, etc.

Well-written contracts define relationships and the terms of each agreement — the obligations that parties have to one another. If developed thoughtfully, expectations are clear and the likelihood of misinterpretation can be virtually eliminated. We develop useful contracts that become foundational in our clients' operations in the U.S. and abroad.

Our litigation and transactional attorneys put their heads together to ensure contracts are properly worded to afford the highest level of practical application. We consider provisions for enforcing contracts and protecting you from risk by including mechanisms for resolving disputes should business relationships not work out as hoped.

We believe all businesses should experience the financial protection and comfort that can result from well written and enforceable contracts. Contracts are positive and proactive — the side of law Danna McKitrick prefers.

Corporate Governance
In the late 1980s, the Supreme Court gave full rights of citizenship to corporations. The expectation is a "Golden Rule" type of thing — that companies aren't in business just to make money, but that they would also aspire to "do the right thing" and be good, responsible citizens of our country.

As part of this responsibility, obeying the requirements of corporations is very important. Corporate governance is, in large part, about keeping "the house" in order in as it relates to the public in general. Some examples:

• Books and records are kept in order
  
• Officer duties are accomplished
  
• Bylaws are read and followed
  
• Minutes are recorded
  
• Business decisions are made with all due consideration (not just "on the fly")
  
• Business decisions are formalized and documented

Whether these things are done properly can make the difference between success and failure when a plaintiff (such as a creditor or injured party) pursues the personal assets of the business owners. For example, when a corporation fails to keep its minutes up to date, a claim could be made that the corporation is not valid. Demonstrating consistent operation as a serious, legitimate business is one way business owners must protect themselves. We can help.

Our Business Law Team offers a unique annual retainer system/service where, for a nominal fee, we attend to requisite annual filings with governmental authorities, prepare annual minutes, maintain minute books and stock records, and we serve as registered agent for the corporation. We also have the ability to obtain authority for companies to operate in any state.

Business Tax Advice and Planning
Taxation is an important aspect of business law. In addition to the general impact of business decisions on daily operations, there can be tax implications of such decisions for both the business and its owners.

We anticipate federal, state, and local tax consequences as they relate to business formation, stock and asset sales, employee benefit offerings, basic ongoing operations, and business sale, succession, and other dispositions. Though some of our taxation attorneys are also CPAs, we work closely with your accountants to lend legal perspective on business taxation issues.

Succession
Succession of your business is no small matter. Regardless of your age, or the age of your business, every business owner needs an exit strategy that doesn't leave them worried, financially disrupted, or tax impaired. Let Danna McKitrick help you pass the business from one hand to the next in the most effective manner for everyone involved.

Stakeholder Needs
We are well versed and knowledgeable to help you with investor/shareholder/owner issues including obtaining investors, profit distributions, voting, succession, officer and director liability, professional licensing, and merger and acquisitions. You can expect us to remain well informed and up-to-date on changes in the law. We counsel in the important decision-making behaviors that will affect the future of your business and its stakeholders.

Regulatory Compliance
A good regulatory compliance program will help prevent improper conduct and costly mistakes. Our attorneys can provide counsel by recommending and implementing good programs. And we are prepared to protect your company's interests if representation before regulatory authorities becomes necessary.

We are exceptional at helping businesses to plan wisely and make decisions consistent with the goals of the business and its owners.

Danna McKitrick's legal perspective matched with unparalleled business perspective enhances your business.

Cheryl Beebe-Snell
Jim Borchers
Ron Danna
Ruth Binger
David Gamache
James Heffner
Patrick Murphy
Michael McKitrick
Marcia Swihart Orgill
Joe Soraghan
Fred Switzer
Brian Weinstock

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