The Bain Group - Corporate Law

Business Formations

Many of the decisions you'll make during the early stages of a business enterprise have significant legal and tax implications. Some of these decisions are not easily reversed, and therefore need to be made only after a thorough analysis of the type of formation that will best meet your goals.

Although you can form a business without an attorney, utilizing the services of a qualified and experienced attorney will provide you with distinct advantages over other alternatives, as well as provide you with the peace of mind in knowing that your business is off to a good start. In addition to performing all of the legally required activities to form your business, a qualified attorney will ensure that your corporate records are prepared correctly and that all required meetings and documents have been completed and filed in a manner acceptable to federal and state regulatory agencies and governing bodies.

Contracts

Contracts are a normal part of conducting business, and can play a significant role in the overall success of your organization. Some of the contracts and agreements that most businesses become involved with include Purchase and Sale Agreements, Real Property Leasing Agreements, Employment Agreements, Proposals, Non-compete and Nondisclosure Agreements, Shareholder Agreements, and others.

Using the services of a qualified and experienced attorney to prepare and review your contracts, can:

• Ensure that your interests are being represented
• Make you fully aware of the contract's terms and conditions
• Enhance your negotiating ability with the other party to the contract

Shareholder Agreements (Operating Agreement for LLCs)

A Shareholder Agreement is an extremely important contract that your business needs when multiple owners are involved. A well crafted Shareholder Agreement specifies, at a minimum, the terms and conditions that govern the ownership, transfer, voting rights, and obligations associated with the equity positions of the company.

Regardless of the degree to which you are familiar with current and potential owners of your enterprise, human nature and the general unpredictability of events mandates prudence in your approach to the equity interests of your firm. Economic conditions, health issues, personality conflicts, and other situations can and do arise throughout the life of an average company. Without a solid well defined Shareholder Agreement, any one of these situations could threaten the very survival of the firm you've worked hard to build. An experience attorney can craft a fair and equitable Shareholder Agreement that specifies in advance the methodology for ensuring the continued organizational health of your company.

Commerical Litigation

Despite our best efforts to resolve differences in an amicable manner, there are times when a dispute reaches the point where progress has been completely halted. At this juncture you will need to decide whether the issue at hand is of sufficient importance to warrant further action.

Commercial litigation is generally a result of one or more issues surrounding a business related dispute. This can involve issues related to shareholders, partners, contracts, employees, subcontractors, landlords, customers, franchises, and other parties.

When your company is involved in or considering commercial litigation you will need a law firm with sufficient expertise and experience as well as one that is committed to obtaining the best results for your company. Every matter begins with a thorough investigation of the facts and issues surrounding the case. All available strategies will be identified and discussed with the client to facilitate a firm understanding of the process, as well as to eliminate any surprises throughout the representation.

While most cases do not end up in the courtroom, The Bain Group, PLLC believes that the only way to achieve the optimal settlement is to prepare as if every case is going to trial. It is this development of trial strategies and preparation which allows us to achieve the maximum settlement for our clients. Utilizing this methodology enhances our ability to present the best possible case to the jury in the event that an equitable settlement cannot be achieved.