Sound corporate legal support preserves value, clarifies ownership and governance, and reduces exposure to costly disputes. From drafting shareholder agreements and operating agreements to advising on corporate governance and compliance, these services create predictable frameworks that protect assets, incentivize stakeholders, and enable efficient decision-making during growth, sale, or succession events.
Comprehensive counsel identifies recurring compliance obligations and operational risks, helping businesses implement policies and controls that reduce exposure. By monitoring regulatory developments and maintaining up-to-date corporate records, counsel supports compliance that limits fines, contractual breaches, and governance disputes that can hinder growth.
Hatcher Legal brings a transactional and litigation-aware approach to business law, supporting clients through planning, negotiation, and enforcement. We emphasize timely response, detailed documentation, and practical solutions that balance legal protection with commercial realities, helping owners move transactions forward with confidence.
If disputes arise, we evaluate alternatives to litigation such as negotiation and mediation as well as prepare enforcement strategies when necessary. A measured approach seeks efficient resolution where possible while preserving rights and remedies through settlement discussions or court filings when appropriate to protect company interests.
Deciding between an LLC and a corporation depends on tax considerations, management preferences, investor expectations, and long-term plans. LLCs typically offer flexible management and pass-through taxation, which can be advantageous for small business owners who want operational simplicity and direct profit distribution. Corporations may be preferable when seeking outside investors, issuing multiple classes of stock, or preparing for a public offering because they provide a well-understood governance structure. Consulting with counsel and tax advisors helps align entity choice with ownership goals, capital needs, and exit planning.
A shareholder or operating agreement should address ownership percentages, voting rights, decision-making processes, capital contributions, transfer restrictions, and procedures for resolving deadlocks. Clear provisions for distributions, buyout triggers, and valuation methods reduce ambiguity and potential conflict among owners. Including processes for admitting new owners, managing conflicts of interest, and handling departures or disability also helps maintain continuity. Well-drafted agreements anticipate common contingencies and provide practical mechanisms to implement transitions without disrupting operations.
Preparing for a sale or merger involves organizing corporate records, financial statements, contracts, and employee matters to facilitate buyer due diligence. Early identification and remediation of liabilities, clear title to assets, and documentation of intellectual property strengthen your bargaining position and reduce obstacles during negotiations. Engaging counsel early enables strategic structuring of the transaction, addresses tax considerations, and aligns deal terms with seller objectives. Planning for post-closing integration, employee retention, and regulatory filings helps ensure a smoother transition and preserves value after closing.
Clear governance documents and regularly updated records reduce the likelihood of disputes by setting expectations for decision-making, distributions, and transfers. Open communication among owners and periodic reviews of agreements help identify friction points before they escalate into formal conflicts. When disputes emerge, having dispute resolution mechanisms such as mediation or buy-sell provisions can resolve matters efficiently. Prompt legal advice helps identify pragmatic options that protect the business while seeking to preserve relationships where possible.
Addressing contract disputes begins with reviewing the agreement’s terms, performance history, and available remedies. Many disputes can be resolved through negotiation or mediation by focusing on practical solutions that preserve commercial relationships and recover value without the time and expense of litigation. If settlement is not feasible, counsel will assess claims, damages, and enforcement options and pursue litigation or arbitration when necessary to protect rights. A strategic approach weighs likely outcomes, costs, and business impacts to determine the appropriate path forward.
Maintain up-to-date articles or formation documents, bylaws or operating agreements, meeting minutes, resolutions, and accurate ownership records. Regular filings, tax records, and separation of personal and business finances reinforce limited liability protections and demonstrate adherence to governance standards. Consistent corporate formalities and centralized document management make it easier to support governance decisions, comply with regulatory obligations, and defend against claims that might otherwise pierce corporate protections during disputes or regulatory reviews.
A buy-sell agreement provides procedures for transferring ownership upon events like death, disability, retirement, or a desire to sell, establishing valuation methods and funding mechanisms. This reduces uncertainty by setting expectations and avoiding disputes among remaining owners or heirs. Including clear triggers, valuation mechanisms, and funding plans ensures smoother transitions and protects business continuity. Regularly reviewing the agreement to reflect changes in ownership, valuation methods, or business circumstances maintains its effectiveness over time.
Negotiation and mediation are often appropriate initial steps because they can resolve disputes more quickly and economically while preserving business relationships. These methods allow parties to craft mutually acceptable solutions tailored to commercial realities without the uncertainty of litigation. Litigation may become necessary when negotiations fail, urgent relief is required, or a party needs binding enforcement of rights. Counsel evaluates the strengths and weaknesses of claims and recommends a course that balances likely outcomes, timing, and the business impact of contested proceedings.
Due diligence requires careful review of corporate records, contracts, employee obligations, intellectual property, regulatory compliance, and financial statements to identify material risks. Sellers should compile organized documentation to expedite review, while buyers should tailor diligence requests to the transaction’s specific risk areas. Effective due diligence uncovers liabilities, supports accurate valuation, and informs negotiation points such as indemnities or price adjustments. Early identification of issues enables targeted remediation or allocation of risk in deal documents to avoid surprises at closing.
Common pitfalls in mergers and acquisitions include insufficient due diligence, unclear representations and warranties, and inadequate planning for post-closing integration. Overlooking employee obligations, pending litigation, or regulatory approvals can derail transactions or create unexpected costs after closing. Addressing these risks through thorough review, clear contractual protections, and careful closing checklists helps prevent common failures. Involving counsel, accountants, and other advisors early in structuring and negotiation increases the likelihood of a successful outcome.
