Sound legal guidance helps prevent costly disputes, ensures regulatory compliance, and secures business continuity. From structuring ownership to drafting contracts and planning succession, legal work preserves assets, clarifies responsibilities, and minimizes exposure to liability. Thoughtful planning also supports financing, partnerships, and future sale or transition of the business.
Comprehensive planning reduces the likelihood of disputes and liabilities by addressing governance, compliance, and contractual clarity up front. Proactive actions such as clear bylaws, appropriate insurance, and consistent contract templates limit exposure and help the business react nimbly to legal challenges without disrupting operations.
Hatcher Legal combines transactional and litigation experience with practical business judgment. We prioritize straightforward communication, efficient processes, and documentation that reflects commercial realities. Clients benefit from counsel that balances legal protection with the flexibility businesses need to operate and grow.
When litigation is necessary to enforce rights, we prepare cases thoroughly, pursue strong procedural positions, and litigate claims to protect business value. Our approach weighs cost, timing, and likelihood of success to advise clients on the most effective path forward.
An LLC is often chosen for pass-through tax treatment and simpler governance for smaller operations, while a corporation may be preferable for investor-friendly stock structures and formalized governance. Consider funding needs, desired tax treatment, and plans for issuing equity when selecting the structure. Discuss your growth plans and investor expectations with counsel before deciding. Proper operating agreements or bylaws drafted at the outset protect owners and set governance rules tailored to your business’s unique needs and future direction.
Protecting personal assets commonly involves selecting an appropriate entity, maintaining separation between personal and business finances, carrying adequate liability insurance, and following corporate formalities. These measures reduce the likelihood that personal assets will be reachable for business debts or claims. Additional strategies include implementing contractual protections, documenting arm’s-length transactions, and using estate planning tools where business interests are substantial. Regular review ensures protections remain effective as the business evolves and risks change.
A shareholder agreement should address ownership percentages, voting rights, transfer restrictions, buy-sell provisions, dispute resolution, and management roles. It lays out how decisions are made, how owners can exit, and mechanisms for valuing and transferring shares to prevent future conflicts. Including clear remedies and valuation methods reduces ambiguity during transitions. Tailoring the agreement to your business size and ownership dynamics ensures that minority and majority interests are balanced and that governance expectations are documented.
Preparing a business for sale includes organizing financial records, ensuring contracts are transferable, resolving outstanding disputes, and addressing tax and regulatory issues. Buyers expect clear documentation and predictable revenue streams, so early preparation increases value and reduces complications during due diligence. Working with counsel helps structure the sale for tax efficiency, draft definitive agreements that protect sellers, and manage negotiation risks. A thorough pre-sale review identifies areas to remediate before going to market and improves buyer confidence.
Mediation is appropriate when parties want to control the outcome, preserve relationships, and avoid the time and expense of litigation. It is particularly useful in contract, partnership, and shareholder disputes where a negotiated settlement serves both parties’ interests more effectively than uncertain litigation. A mediated resolution can be faster and less disruptive to business operations. Counsel prepares clients to present positions clearly and evaluates settlement offers realistically while protecting long-term business interests.
Mergers typically involve preliminary term negotiations, due diligence, structuring the deal, negotiating definitive agreements, and regulatory or shareholder approvals. Due diligence assesses liabilities, contracts, intellectual property, and employment matters to identify deal risks and necessary protections. Counsel assists in drafting merger agreements, addressing representations and warranties, allocating risk through indemnities, and planning integration steps. Close coordination with accountants and advisors helps address tax consequences and operational consolidation plans.
Governance documents should be reviewed after major changes like new investors, leadership transitions, mergers, or regulatory shifts. Periodic reviews, at least every few years, ensure documents reflect current operations, ownership, and compliance obligations to prevent misalignment between practice and paperwork. Updating documents when business objectives change preserves clarity in decision-making and reduces conflict risk. Counsel can recommend targeted updates and amendments to match evolving business needs and legal requirements.
Shareholder disputes often arise from unclear governance, disputed valuations, disagreements over strategy, breaches of fiduciary duties, or transfer attempts that trigger ownership conflicts. Lack of written agreements or poorly drafted provisions increases the likelihood of disagreement when pressures mount. Preventive measures include clear shareholder agreements, defined decision-making processes, and regular communication among owners. If disputes emerge, timely legal intervention, negotiation, or mediation often limits harm to the business.
A buy-sell agreement should define triggering events, valuation methods, payment terms, and buyout mechanics to ensure orderly ownership transitions. Common triggers include death, disability, retirement, or voluntary sale; predetermined valuation methods avoid contentious debates later. Funding mechanisms such as life insurance or installment payments provide liquidity to fulfill buyout obligations. Integrating buy-sell provisions with estate planning ensures transfers occur smoothly and in line with owners’ financial and family goals.
Businesses should maintain clear records of formation documents, bylaws or operating agreements, financial statements, tax returns, key contracts, employment records, and minutes of major meetings. Good recordkeeping supports compliance, eases due diligence, and provides evidence in disputes. Regularly updating and organizing records, and retaining counsel for periodic audits, reduces legal exposure and improves the business’s attractiveness to investors or buyers. Proper documentation streamlines legal responses when issues arise.
