Strong corporate counsel helps prevent avoidable problems and preserves business value over time. From selecting the appropriate entity to drafting contracts and advising on ownership transitions, proactive legal planning reduces litigation risk, improves investor confidence, and supports sustainable growth by aligning governance, tax planning, and operational practices with long-term objectives.
Protecting business value requires clear ownership structures, enforceable contracts, and contingency plans for management changes. Ongoing counsel helps secure intellectual property, establish noncompete and confidentiality provisions where appropriate, and prepare buy-sell mechanisms that preserve continuity and maximize value at exit.
Hatcher Legal emphasizes clear communication, timely action, and solutions that reflect clients’ commercial goals. We work directly with owners and managers to draft straightforward agreements, implement governance policies, and manage transactions efficiently while minimizing disruption to daily operations.
Periodic document reviews and governance checkups keep agreements current with changing law, operations, or ownership. We update policies and amend governing documents to align legal frameworks with the company’s shifting needs and strategic direction.
Choosing the right entity involves balancing liability protection, tax considerations, management flexibility, and investor expectations. For many small to mid-size ventures, an LLC offers liability protection and pass-through taxation, while a corporation may be preferable for equity financing or public goals. Each structure comes with different regulatory and reporting obligations that influence long-term planning. A practical assessment examines ownership goals, projected revenues, planned financing, and whether owners want centralized management or member-managed control. We review tax treatment, state filing requirements in Virginia, and how the structure will affect future transfers, helping you select an entity that supports growth and minimizes administrative burdens.
A shareholder or member agreement should address ownership percentages, voting rights, management roles, capital contributions, profit distribution, and restrictions on transfers. Including buy-sell provisions, dispute resolution mechanisms, and clear processes for approving major transactions helps prevent conflicts and provides clarity for both managers and passive owners. Drafting these agreements also involves anticipating future events such as death, disability, divorce, or business sale and setting out valuation methods and transfer mechanics. Well-crafted terms support smooth transitions and reduce the likelihood of litigation that can disrupt operations and damage relationships.
Governing documents should be reviewed whenever there is a material change in ownership, a significant financing event, a planned sale or merger, or shifts in management structure. Regular reviews help ensure that agreements reflect current business practices, ownership intentions, and regulatory requirements, preventing misalignment between operations and legal documents. Additionally, law and tax changes can affect governance and compliance. Periodic checkups and updates maintain enforceability, remove outdated provisions, and address newly identified risks, keeping the company prepared for transactions or disputes without last-minute scrambling.
Business succession planning and estate planning are interdependent when owners’ personal estates include company ownership. Succession plans determine how ownership and control will transfer upon retirement or death, while estate planning ensures personal wills, trusts, and powers of attorney support those business transitions and minimize probate-related disruptions. Coordinating these plans aligns tax strategies and transfer mechanisms, clarifies who will manage or own the business, and protects family and business interests. Clear documents reduce uncertainty and help preserve continuity, preventing disputes that could harm the company’s value.
A sale or merger involves due diligence, negotiation of purchase terms, drafting a purchase agreement, allocation of liabilities, and addressing tax consequences and regulatory approvals. Sellers and buyers must agree on representations, warranties, indemnities, and closing conditions to allocate risk and define post-closing responsibilities. Successful transactions rely on early preparation, including clean financial records, resolved title and contract issues, and clear corporate authorizations. Coordinated legal, tax, and financial advice speeds negotiations and increases the likelihood of a smooth closing while protecting each party’s economic interests.
Litigation becomes necessary when disputes cannot be resolved through negotiation or mediation and a party needs judicial relief to enforce rights or seek damages. Common business disputes include contract breaches, fiduciary duty claims among owners, intellectual property conflicts, and employment-related claims that threaten operations or value. Before litigation, alternative methods such as negotiation or mediation often achieve better outcomes with lower cost and disruption. When court action is required, a well-prepared legal strategy, supported by documented evidence and clear legal theories, improves the prospects for a favorable resolution.
Protecting intellectual property starts with identifying what qualifies as IP, such as trademarks, trade secrets, or proprietary processes, and then taking steps to register or document those assets. Confidentiality agreements, careful recordkeeping, and clear ownership assignments in employment and contractor agreements help preserve rights and prevent leakage of valuable information. For trademarks and patents, timely registration and enforcement deter unauthorized use and strengthen bargaining positions in transactions. Trade secret protection relies on reasonable internal controls and contractual safeguards to maintain confidentiality and legal protection.
Before approaching investors or lenders, prepare clean financial statements, a realistic business plan, clear cap table documentation, and governing documents that define investor rights. Anticipate due diligence requests and address any contractual issues, pending disputes, or regulatory concerns that could impede financing or reduce valuation. Presenting transparent legal and financial records streamlines investor review and builds confidence. Clear corporate governance and properly executed ownership documents reduce friction during negotiations and help secure terms that support strategic objectives.
A buy-sell agreement sets rules for transferring ownership when certain events occur, such as death, disability, departure, or a desire to sell. It defines triggering events, valuation methods, purchase mechanics, and funding strategies to ensure orderly transitions and prevent involuntary owners from disrupting operations. Common provisions include appraisal procedures, right of first refusal, and mandatory purchase obligations with clear timelines. Properly funded and enforced buy-sell mechanisms reduce uncertainty, preserve business continuity, and provide liquidity options for both remaining owners and departing parties.
Assisting a family business with intergenerational transition involves coordinating governance changes, tax planning, and estate documents to align family objectives with business realities. Early planning clarifies roles for successors, addresses compensation and control, and sets out mechanisms for resolving family disputes that can otherwise destabilize operations. We work with families to design transfer strategies that minimize tax consequences, maintain operational stability, and document agreements that protect both family relationships and business value, creating a sustainable pathway for the next generation to lead.
