Engaging counsel early helps structure ownership and operations to reduce personal liability, protect intellectual and tangible assets, and ensure proper tax and regulatory compliance. Well-drafted agreements preserve business relationships, set clear expectations for decision making and capital contributions, and offer frameworks for resolving disputes efficiently, which supports smoother growth and transitions.
Continuous counsel provides earlier identification of legal risks and faster responses to regulatory, contractual, or operational issues. Rapid intervention can prevent escalation, reduce liabilities, and maintain key business relationships through timely negotiation and corrective action aligned with the owner’s objectives.
Hatcher Legal advises clients on entity selection, governance documents, contract drafting, mergers and acquisitions, and dispute resolution. Our practice integrates business and estate planning to ensure ownership transitions and personal estate objectives are considered alongside corporate decisions to reduce future complications.
When disputes arise we evaluate paths to resolution including negotiation, mediation, or litigation as appropriate, and work on succession and continuity planning to ensure leadership transitions are orderly, align with owners’ wishes, and minimize disruption to business operations.
Choosing the proper entity depends on ownership structure, taxation goals, liability protection needs, and anticipated financing. An LLC often combines pass-through taxation and flexible governance for small businesses, while a corporation can suit plans involving outside investors or stock-based equity. Counsel evaluates financial projections, investor expectations, and regulatory considerations to recommend the most appropriate form. Regular review post-formation ensures the chosen entity continues to meet evolving needs and offers the intended protections and tax treatment.
Operating and shareholder agreements should clearly allocate voting rights, capital contributions, profit and loss distributions, transfer restrictions, buy-sell provisions, deadlock resolution methods, and processes for admitting new owners. Including dispute resolution mechanisms and provisions for incapacity or death helps preserve continuity. Tailoring the agreement to the specific business model and owner relationships reduces ambiguity and provides predictable remedies for common conflicts, supporting smoother operations and protecting long-term value for all stakeholders.
Start succession planning early, ideally well before retirement or incapacity concerns arise, to coordinate business continuity with personal estate objectives. Planning should address valuation methods, buy-out funding, management transition, and tax implications. Integrated succession and estate planning protects family and business interests and clarifies expectations for heirs or successors to reduce the risk of disputes. Regular updates ensure plans remain aligned with changing business values, ownership changes, and personal circumstances.
Limited liability entities like LLCs and corporations separate owner assets from business liabilities when properly maintained, but formalities and recordkeeping matter. Maintaining separate finances, proper capitalization, corporate minutes, and compliance filings preserves liability protections. Adequate insurance, contractual indemnities, and careful contracting practices further reduce personal exposure. Counsel helps identify potential personal liability traps and implement structures and operational practices that protect owners while meeting business needs.
Before selling or merging, perform thorough due diligence to identify liabilities, key contracts, employee obligations, and regulatory compliance issues. Clean up corporate records, resolve outstanding disputes, and ensure financial statements accurately reflect operations. Counsel helps structure the deal, negotiate warranties and indemnities, and draft closing documents that allocate risk and protect proceeds. Early preparation and transparent disclosure streamline negotiations and reduce the risk of post-closing disputes.
Begin by reviewing the underlying contract to identify remedies, notice requirements, and dispute resolution provisions. Attempt to resolve issues through negotiation or mediation to preserve business relationships and reduce costs. If settlement is not possible, counsel evaluates the strength of claims, gathers evidence, and pursues litigation or alternative dispute resolution based on client goals, potential recovery, and cost considerations. Timely action preserves claims and prevents statutory or contractual limitations from expiring.
Due diligence covers legal, financial, and operational aspects including formation documents, contracts, employee matters, intellectual property, leases, tax records, pending litigation, and regulatory compliance. The process identifies deal risks and informs purchase price adjustments, indemnities, and closing conditions. Counsel coordinates with accountants and advisors to evaluate liabilities and liabilities exposure, enabling buyers to negotiate protections and structure transactions to mitigate identified risks.
Governance documents and material contracts should be reviewed periodically, especially after ownership changes, major transactions, or shifts in business strategy. Annual or biennial reviews help ensure compliance, update provisions to reflect current practices, and address evolving regulatory requirements. Proactive review reduces the risk of disputes and ensures documents continue to serve the company’s objectives, maintaining readiness for financing or sale opportunities.
Yes, integrating business succession with personal estate planning ensures that ownership transitions are consistent with the owner’s broader family and legacy goals. Coordination addresses tax implications, transfer mechanisms, funding for buyouts, and the interplay between corporate agreements and wills or trusts. Harmonizing these plans reduces conflicting instructions and provides a smoother path for transitioning control while protecting family interests and business continuity.
Transactional timelines vary based on deal complexity, due diligence requirements, financing, and negotiation length; simple asset purchases may close in weeks, while mergers and acquisitions can take months. Litigation timelines depend on court schedules, discovery, and case complexity and may span months to years. Costs depend on scope, required work, and dispute intensity. Counsel provides initial estimates, outlines likely phases, and proposes fee arrangements to align services with client budget and risk tolerance.
