Strong corporate counsel reduces litigation risk, clarifies ownership rights, and ensures regulatory compliance for businesses of all sizes. Legal guidance at formation and during major transactions preserves value, supports financing efforts, and establishes governance practices that prevent internal conflict while improving credibility with partners, lenders, and local authorities.
Comprehensive legal planning uses governance documents and asset protection strategies to delineate ownership rights and liabilities, reduce personal exposure, and manage creditor risk. Proper structuring helps separate business obligations from personal assets and sets clear remedies in contractual relationships.
Hatcher Legal combines transactional and courtroom experience to provide balanced representation for business clients. We prioritize preventive planning, straightforward contract drafting, and pragmatic negotiation to protect client interests while supporting commercial objectives and regulatory compliance across state lines.
When disputes escalate, our approach focuses on preserving evidence, evaluating settlement options, and pursuing litigation when necessary. We seek efficient resolutions that protect business continuity and minimize litigation costs, including alternatives such as mediation or arbitration when appropriate.
Choosing an entity depends on liability protection, tax treatment, management structure, investor expectations, and long-term plans. LLCs often provide flexible management and pass-through taxation, while corporations support equity financing and formal governance. Assess current needs and projected growth when selecting an entity to avoid costly restructuring. Consultation with legal and tax advisors helps align entity choice with ownership goals and financing plans. Consider anticipated investors, the need for stock classes, and potential exit strategies, as these factors influence whether an LLC, S corporation, C corporation, or other form best suits your objectives.
Shareholder and operating agreements set the rules for ownership transfers, voting rights, profit distribution, and dispute resolution. These documents reduce ambiguity among owners and create predictable procedures for decision-making and changes in ownership, which helps prevent internal conflicts. Well-crafted agreements include buy-sell provisions, valuation methods, and restrictions on transfers to third parties, protecting minority and majority interests alike. Regular review ensures the agreements remain consistent with business growth, capitalization changes, and evolving owner expectations.
Update governance documents when ownership changes, new capital is raised, business models evolve, or there are significant operational changes. Regular reviews after major transactions, financings, or shifts in management help ensure documents reflect current decision-making structures and risk allocations. Proactive updates prevent conflicts and support regulatory compliance. Scheduling periodic reviews or reassessing documents following strategic milestones ensures governance remains aligned with business objectives and legal obligations across relevant jurisdictions.
Due diligence in an acquisition involves reviewing contracts, corporate records, financial statements, litigation history, employee matters, permits, and regulatory compliance. The purpose is to verify representations, identify liabilities, and assess operational risks that could affect valuation or closing conditions. Buyers use due diligence findings to negotiate purchase price adjustments, warranties, indemnities, and holdback arrangements. Sellers prepare by organizing records and resolving outstanding issues to present a cleaner profile, reducing friction and accelerating closing timelines.
To prepare for sale, streamline corporate records, ensure contracts are assignable, resolve outstanding disputes, and document recurring revenue sources. Governance clarity and accurate financial statements improve buyer confidence and can increase valuation by reducing perceived risk and simplifying due diligence. Work with legal and financial advisors to structure the sale, address tax implications, and implement buy-sell terms or succession planning well before listing. Early planning helps package the business attractively and avoid last-minute hurdles during negotiations.
Protecting a business from employment disputes requires clear written policies, compliant employment agreements where appropriate, consistent enforcement of workplace rules, and accurate record-keeping. Training managers on lawful hiring, discipline, and termination practices reduces the likelihood of claims and regulatory investigations. Promptly address employee complaints and document investigations to establish a defensible record. Consulting counsel when disciplinary action is contemplated or when employment matters implicate wage, hour, or discrimination laws helps mitigate litigation risk and fosters fair workplace practices.
A buy-sell agreement establishes how ownership interests are transferred when owners depart, become disabled, or pass away. It sets valuation methods, funding mechanisms, and restrictions to ensure orderly transitions and prevent unwanted third-party ownership that could disrupt operations. Funding mechanisms such as life insurance, installment buyouts, or escrow arrangements provide liquidity for funded transfers. Clear procedures for triggering events and valuation help minimize disputes and ensure business continuity through predictable transitions.
Consider mediation when parties seek a faster, less adversarial resolution that preserves business relationships and reduces costs. Mediation allows negotiated outcomes tailored to commercial realities and can be particularly effective for owner disputes, contract disagreements, and partnership conflicts where ongoing collaboration is possible. If mediation fails or the matter involves unresolved statutory claims or significant injunctive relief, litigation may be necessary. Legal counsel can evaluate the merits of each path and advise on timing, costs, and likely outcomes to select the most appropriate dispute resolution strategy.
Maintain formation documents, minutes, equity records, material contracts, tax filings, employee records, and compliance filings to preserve corporate formalities and facilitate due diligence. Organized records demonstrate good governance, support regulatory compliance, and simplify transaction processes for potential buyers or lenders. Regularly back up electronic records and keep originals where practical. Establish a centralized document retention plan to ensure accessibility for audits, litigation needs, and routine corporate maintenance while adhering to legal retention requirements and privacy considerations.
Business succession and estate planning intersect where ownership interests transfer upon retirement, disability, or death. Aligning estate plans with buy-sell agreements and corporate governance documents ensures transfers occur as intended and that family and business interests are coordinated to prevent disputes and funding shortfalls. Work with both business and estate counsel to integrate wills, trusts, and power of attorney documents with company agreements, addressing tax planning and liquidity needs so transfers support continuity and protect beneficiaries and business operations.
