Jim assists new and growing companies to address entity selection, taxation classification, capitalization and funding needs, ownership issues, entity governance, and commercial relationships.
Operational and Strategic Relationships and Transactions
Businesses encounter and rely on a multitude of relationships as they grow and prosper. Employees, contractors, vendors, suppliers, distributors, customers, and others play a role in the company’s operational and strategic planning and implementation. Jim helps clients understand how to interact with each other party in a manner advantageous to the client, through use of policies, plans, manuals, contracts and other documents – and points out potential challenges and pitfalls of proposed relationships.
Mergers, Acquisitions and Restructuring
Businesses often reshape themselves, expanding or contracting, through focused partial, or general, sale of their assets. Sometimes a sale of stock is undertaken in whole – to divest of the firm – or in part – to bring in additional capital. Jim guides clients through initial interest and analysis of the other party and the potential deal, terms of an acceptable letter of intent, gathering and evaluation of due diligence, negotiation and preparation of merger and acquisition agreements, and closing activities. Post-closing examination of the newly acquired business can be an exciting and challenging period for a buyer; Jim helps evaluate and resolve the variety of issues that are identified once the buyer has control of the stock or assets.
Documenting Co-Owner Relations and Entity Dissolution
Entities with more than one owner will benefit from having a comprehensive written agreement between the company and all of the owners at the beginning of the relationship. Jim advises clients about and prepares operating, shareholder and partnership agreements to avoid co-owner misunderstandings and lessen the probability of disputes when an owner wants or is forced to relinquish ownership in the company. He also guides businesses through operational shutdown and termination of existence.
Contract Review and Preparation
Jim reviews contracts to determine what risks are addressed – and unaddressed – and how risks are allocated in relation to the client. He discusses strategies to protect the client and drafting changes that are targeted toward accomplishing client objectives and aligning the effects of the document with client goals.
Joint Ventures, Strategic Alliances and Collaboration Efforts
He helps clients address internal and third-party opportunities and challenges arising from operations, and to evaluate and effectuate marketing and distribution activities, and joint ventures, and sales, as well as shareholder and member disputes and issues, redemptions and buyouts, and restructuring.