Access to dependable corporate counsel helps prevent costly mistakes in formation, contracting, and governance. Properly drafted agreements reduce disputes, protect owners’ interests, and clarify decision-making authority. Legal planning supports succession and tax planning, preserves intellectual property, and enhances credibility with partners and investors. Thoughtful legal work preserves value and enables sustainable business growth over time.
Long-term counsel develops institutional knowledge about a company’s contracts, vendors, and governance history, enabling quicker, more informed guidance. This continuity reduces time spent re-educating new counsel, helps maintain consistent legal positions, and improves outcomes in negotiations and disputes by relying on an established understanding of client priorities.
Clients select Hatcher Legal for our practical, business-focused approach to corporate law. We emphasize clear communication, pragmatic solutions, and attention to detail when drafting agreements or advising on transactions. Our goal is to enable clients to make informed decisions that advance commercial objectives and protect enterprise value.
When conflicts occur, we assess resolution options and pursue the most effective path based on business goals and costs. That may include negotiation, mediation, or courtroom representation, with attention to preserving working relationships and minimizing disruption to daily operations.
Choosing the right business entity depends on liability, tax considerations, management structure, and future plans. Sole proprietorships and partnerships suit very small operations, while LLCs and corporations offer liability protection and different tax options. Consider how you plan to raise capital, the desired level of formality, and potential succession needs when selecting an entity. Consulting with legal and tax advisors early helps align entity choice with financial and operational goals. Proper formation documents, clear ownership allocations, and timely registrations reduce risk and set a strong foundation for growth. Revisiting the entity decision as the business evolves ensures continued suitability.
Operating and shareholder agreements should define ownership percentages, voting rights, profit distribution, management authority, and procedures for transferring interests. Include buy-sell provisions, dispute resolution mechanisms, and clear rules for admitting new owners. These documents protect stakeholders by establishing predictable processes and expectations for governance and succession. Well-drafted agreements also specify valuation methods for transfers, outline roles and responsibilities of managers or directors, and include confidentiality and noncompete provisions when appropriate. Regular review and updates ensure the agreements reflect changes in the business and ownership structure over time.
Update corporate governance documents whenever there are changes in ownership, management, or business operations. Significant events such as capital raises, mergers, new investors, or transfers of ownership trigger the need to review and revise governance structures. Proactive updates prevent ambiguities that can lead to disputes and regulatory noncompliance. Periodic reviews are also advisable when laws change or when the company grows into new markets or adds employees. Ongoing review helps align internal procedures with strategic objectives, ensures required filings are current, and maintains a clear record of corporate actions for future transactions.
Preventing owner disputes starts with clear, written agreements that allocate decision-making authority, outline distributions, and set rules for transfers. Include buy-sell mechanisms, deadlock resolution processes, and procedures for valuation to reduce friction when ownership changes occur. Transparent communication and periodic governance reviews further reduce the likelihood of misunderstandings. When disputes arise, early intervention through negotiation or mediation often preserves relationships and business continuity. If resolution fails, formal legal remedies may be necessary to enforce agreements or protect client interests, with a focus on achieving a practical outcome that minimizes operational disruption.
Mergers and acquisitions require careful planning, including identifying objectives, conducting due diligence, drafting definitive agreements, and negotiating key commercial and legal terms. Attention to representations, warranties, indemnities, and escrow arrangements protects buyers and sellers. Transaction structuring must consider tax, regulatory approvals, and employment-related issues. Preparing for closing includes assembling documentation, obtaining necessary consents, and coordinating with accountants and lenders. Post-closing integration plans and specific transition services should be documented to ensure continuity, reduce friction, and realize anticipated synergies from the transaction.
Business succession planning and estate planning should be coordinated to ensure ownership transitions occur smoothly without unintended tax or control consequences. Integrating buy-sell agreements with estate documents, trusts, and powers of attorney helps align personal legacy goals with business continuity needs. This coordination avoids conflicts between personal and corporate transfer mechanisms. Early planning allows for tax-efficient transfers, funding strategies for buyouts, and mechanisms to maintain operational stability during ownership changes. Regular reviews keep plans current with family changes, business valuation shifts, and evolving tax laws, reducing surprises at the time of transition.
Common pitfalls in contract drafting include ambiguous terms, missing remedies for breach, incomplete scope definitions, and unclear payment or delivery obligations. Vague language leads to disputes and makes enforcement difficult. Ensure that contracts clearly allocate risk, define material obligations, and include practical dispute resolution and termination processes. In negotiation, avoid conceding key protections under time pressure. Seek clarity on indemnities, limitation of liability, and warranty scope, and ensure that all exhibits and schedules are finalized. Tailor templates to the specific transaction rather than relying on generic forms that may omit important protections.
Alternative dispute resolution such as mediation or arbitration is often preferred for commercial disputes because it can be faster, less public, and more cost-effective than litigation. These methods allow parties to control the process and pursue creative remedies. Mediation encourages settlement through a neutral facilitator, while arbitration provides a binding decision outside the court system. Litigation may be necessary when urgent relief is required, when a party refuses reasonable settlement, or when legal precedent is needed to resolve a material issue. Litigation involves formal court procedures and can be lengthier and more public, but it may be the appropriate path to enforce rights or preserve key remedies.
Prepare for investor due diligence by organizing financial statements, corporate records, contracts, intellectual property documentation, employment arrangements, and compliance records. Clear organization and accurate disclosures build credibility and streamline the process. Anticipating common diligence questions reduces delays and improves negotiating leverage during transactions. Address any outstanding liabilities, unresolved disputes, or regulatory issues before diligence begins. Where issues exist, prepare mitigation plans and proposed contractual protections to present to potential investors, which can facilitate trust and speed the path to a satisfactory deal.
A compliance review for small businesses typically examines corporate formation documents, regulatory filings, employment policies, contracts, and tax registrations to identify gaps and recommend corrective steps. It assesses whether operations adhere to applicable federal, state, and local requirements and suggests prioritized actions to address exposures and improve regulatory standing. Following the review, recommended updates may include revised contracts, renewed licenses, improved recordkeeping, and employee handbook changes. Implementing these changes helps reduce risk of fines, litigation, and operational disruptions while demonstrating good governance to partners, lenders, and customers.
