Business Law

Challenging ourselves to bring new and innovative ways of practicing law

Business Law Experience

BUSINESS LAW EXPERIENCE

Businesses need lawyers who know business, not just the letter of the law. This means engaging a law firm that can advise and counsel businesses to successful results.

FROMBERG EDELSTEIN FROMBERG is rooted in serving the requirements of businesses large and small with attorneys who have experience in the business sector. We build a strong connection to our clients so we can better understand their needs and goals. This proactive approach helps businesses plan ahead for success and growth, avoid controversy where possible and anticipate issues that may arise in the future.

Throughout the life cycle of each business, FROMBERG EDELSTEIN FROMBERG'S attorneys work closely with our clients as strategic partners. We help them to develop legal solutions that provide efficiency in their businesses, achieve their objectives and protect their profitability and viability.

DISPUTE RESOLUTION AND LITIGATION

DISPUTE RESOLUTION AND LITIGATION

When business and commercial disputes arise, we help strengthen our clients’ positions. We help clients in negotiations, often in alternative dispute resolution settings. When those methods fail, we are able to aggressively pursue judicial relief in the courts or defend any claims brought against business owners, managers, directors or officers.

We have extensive experience in many areas of business litigation, including ownership disputes, breach of contract, business torts and fraud, shareholder or derivative actions, commercial real estate litigation, business liquidations and dissolutions, and commercial collections. We also assist business owners with disputes in employment matters, including enforcement of restrictive covenants and confidentiality agreements, as well as defending discrimination and wage and hour claims.

Our insight, experience, knowledge and creativity allow us to effectively and efficiently represent clients’ interests.

PROFESSIONAL BUSINESS

PROFESSIONAL BUSINESS

Owners of professional practices are subject to the same important business decisions as any other business owner. Doctors, dentists, accountants, and owners of other licensed professional practices frequently call upon us to help them take as good care of their business as they care for their patients and clients.

When setting up professional practices, we assist clients with entity selection and formation, as well as management and governance. We negotiate leases for office space and space sharing agreements. As practices grow, owners may choose to add associate members. These changes require developing employment contracts, partnership tracks, non-competition agreements and compensation plans. Further, when more than one person will be involved in ownership of the practice, we assist in designing appropriate business agreements that consider issues ranging from buy-in methods to exit strategies.

Another important consideration for professional practices relates to their employment policies. As with our other business clients who employ support staff, we can advise on employment issues such as employment manuals, workplace policies, hiring and termination procedures, as well as compliance with federal, state and local laws.

TRANSACTIONS AND TRANSITIONS

TRANSACTIONS AND TRANSITIONS

FROMBERG EDELSTEIN FROMBERG is well versed in negotiating, structuring and implementing commercial transactions such as acquisitions (stock and asset) and mergers (stock, cash, etc.). As our clients’ businesses expand and contract, we approach each transaction with their financial considerations and long-term strategic plans in mind. Our attorneys carefully listen to clients’ objectives before aggressively pursuing their interests in any transaction.

When our clients buy or sell some part of an entity, we advise and assist them with due diligence, including sales agreements, relevant contracts, licensing, and indemnifications, negotiating representations and warranties. Our attorneys are experienced working with private equity investors, as well as institutional lenders and lender groups. We are also available to assist with lease transactions, as well as estoppels, consents and waivers as part of the deal.

FROMBERG EDELSTEIN FROMBERG also advises clients as they establish and implement transitions of ownership to partners, family members or chosen employees. We understand that an owner’s interest in a closely held business may be his or her largest and most important asset. To prepare for transitions in ownership, we analyze the business’s needs and existing ownership structure, as well as the goals of its current and future owners.

Another form of business transition is the process of dissolution, or winding up. A business “divorce” involves issues of control, ownership and distribution of property, as well as potential payments. These business decisions are often accompanied by high-stakes conflict and intense emotions. We lend a depth of experience in negotiation and, when necessary, litigation to resolve disagreements as part of the dissolution process.

FAMILY BUSINESS

FAMILY BUSINESS

FROMBERG EDELSTEIN FROMBERG has worked closely with generations of family business owners and executives. Our goal in these relationships is to facilitate the success and growth of our clients’ businesses as they transition between generations of ownership. To that end, we provide advice related to governance, risk management, employment, real estate and tax matters, as well as continuity and succession planning. In addition, we help family business owners anticipate risk and conflict through each stage of their business life cycle. By strengthening our clients’ family businesses, we endeavor to strengthen unity among the family members we serve.

As family businesses pass from generation to generation, transferring ownership control and assets can be a complex and emotional process. Our attorneys work with families to do advance planning for these transitions, minimizing conflict and stress. We apply our knowledge of what makes such transitions successful to our clients’ immediate needs and long-term goals, and those of each generation involved. If disputes arise within the family as part of this process, our attorneys are highly skilled at dealing with those conflicts and negotiating them to resolution.

Family business succession planning is a vital component for any closely-held business owner’s estate plan. We coordinate our efforts to plan business ownership transfers using methods that satisfy our clients’ personal objectives while minimizing risk and tax burdens.

START-UPS AND MAINTENANCE

START-UPS AND MAINTENANCE

FROMBERG EDELSTEIN FROMBERG assists clients in the start-up phase of their business life cycles as they take critical steps to establish the foundation of their businesses. These steps can include choosing an appropriate entity type, hiring employees and drafting straightforward operating and ownership agreements to help reduce risk and the possibility of future disputes. We carefully listen to our clients’ objectives, and then analyze the nature of their business ventures, taking into consideration management and ownership structures, financial issues, degree of risk involved, as well as tax and other ramifications specific to each form of business.

Based on our analysis, we recommend an appropriate business and ownership structure, then execute formation strategies that benefit our clients. Our attorneys draft contracts, as well as operating and ownership agreements tailored to each business’s ownership structure and objectives. These agreements can reduce liability, mitigate risk and provide a clear structure for dispute resolution and transitions in ownership. They also provide guidelines for management of the business in the future. In addition, we advise clients on employment policies and practices and capital raises.

After helping clients establish their businesses, we help owners and boards of directors maintain their operations, fostering growth while complying with organizing documents and protecting owner and shareholder investments. Our attorneys regularly handle complex business matters related to governance, transitions and transactions, strategic planning, raising financing, as well as dissolutions and dispositions through sale or merger. As new federal, state and local laws take effect, we help our clients avoid legal and regulatory pitfalls and take advantage of benefits new laws may afford them.

Throughout every stage of a client’s business, we encourage an eye to the future. We focus on business success and growth by implementing programs and procedures that allow our clients to be proactive, avoid controversy where possible and be strongly positioned in the event that controversy arises.