Business Law

Few areas of legal practice are more satisfying than counseling, advising, and following business clients as they grow, overcome adversity, or realize a long-term goal. We partner with entrepreneurial individuals; startups; and, established companies as they confront the various challenges encountered at each stage of a business’s lifecycle and development.

Whether choosing between a corporation, partnership, or LLC; negotiating license rights to certain software; addressing a sensitive employee issue; or, implementing an exit strategy, our business clients can expect candid, dependable, responsive, and accessible counsel at a cost that is predictable and manageable.

We regularly assist our clients in the following business contexts:

• Business Startup: sole proprietorships; partnerships; joint ventures; limited liability companies; business trusts; and, corporations all receive different tax treatment, are assessed a range of start up and recurring fees, and offer varying legal protections and benefits.
• Establishing, supporting and modifying governance structures and governing documents to meet organizational needs: These can include selection of initial incorporators; creating an appropriate board of directors; ensuring corporate actions are legally authorized; compliance with company, statutory and regulatory requirements; establishing board of director committees and committee charters; and, amending articles of organization and bylaws.
• Negotiating commercial contracts and agreements. Letters of intent; stock and asset purchase agreements; vendor agreements; terms and conditions; consulting agreements; promissory notes; letters of credit; escrow agreements; guaranties; powers of attorney; licensing agreements; distribution agreements; product development  agreements; real estate purchase contracts; and commercial leases are employed in business transactions. The details of specific language and structure greatly affect risk exposure, time tables, the ability to address and escape problems mid-term, and financial obligations. Professional at all times, in each of our negotiations we are guided by by the belief that respect and civility achieve favorable results most quickly, but understand that personalities and issues can necessitate a more fierce approach or utilization of a velvet hammer.
• Trademark and copyright. Websites, computer programs, architectural renderings, logos, slogans, or even packaging can raise copyright and trademark issues within an organization. Our office can handle registrations, protection of rights from infringement by employees or outside parties, and licensing issues.
• Construction, design, and project management representation. Our office is experienced in drafting and negotiating most, if not all forms of construction, architect, and project management agreements, including AIA Forms and supplemental conditions for private and public sector development projects. In addition, we have represented owners and contractors in a variety of disputes and claims including public sector bid protests.
• Not for profits. Our attorneys have represented or served numerous not-for-profit organizations in Massachusetts and New Hampshire. We assist our not-for-profit clients in understanding and complying with the specific statutes and rules pertaining to charities, particular filing requirements, governance issues and challenges, as well as benefits bestowed by, and limitations arising out of, the not-for-profit classification by both state agencies and the Internal Revenue Service. We regularly counsel startup nonprofits through conception and formation and assist in obtaining tax-exempt status under section 501(c)(3) of the Internal Revenue Code.