Business transactions involve planning, negotiating, writing documents, performing duly diligent investigation of the counter-party, all related parties, and of circumstances of any intended transaction, integrating federal and state tax law with non-tax law in order to avoid or minimize taxes of all kinds, and consideration of the economics of the transaction. Often financing is involved, too. A wide range of state law and federal law often is involved in any business transaction or litigation, including, for instance, unfair trade practice law, commercial law, such as found in the uniform commercial code, constitutes an aspect of business law, as does consumer protection law, trade secret law, law pertaining to competition and covenants not to compete, and many more.

Negotiations usually begin long before at least one of the parties is aware that they have begun. Good planning and documenting of a transaction can go a long way toward avoiding litigation.

Negotiating and resolving disputes either without resorting to litigation or while litigation is occurring involves learning what interests the parties have in common and persuading the parties to agree on a course of action that serves the interests of all parties.

Writing good documents to implement a business transaction requires knowing how a litigator thinks, how he might interpret the documents, and what actions an adversary might take in litigation. We prepare documents with these factors in mind. It is far less costly to avoid litigation than it is to engage in litigation.

David Lanigan’s business practice has included:

Negotiation and preparation of:

1. Asset purchase/sale agreements for corporations, partnerships, and limited liability companies;

2. Stock purchase/sale agreements;

3. Shareholder buy-sell agreements;

4. Equipment leasing agreements;

5. Confidentiality/Non-disclosure agreements;

6. Limited liability company operating agreements; and

7. Partnership agreements.

Commercial law:

1. Contracts;

2. Promissory notes;

3. Security agreements; and

4. Guaranties.

Real estate sales and leasing:

1. Purchase/sale contracts;

2. Leases, commercial and residential;

3. Mortgages and promissory notes; and

4. Deeds.

Recapitalization of corporations and other entities, Formation of business entities, including:

1. Corporations;

2. Llimit liability companies; and

3. Partnerships;

Employer-Employee Relations:

1. Employment agreements; and

2. Covenants not to compete.

Planning and implementing corporate acquisitions and divestitures:

1. Stock purchases and sales;

2. Asset purchases and sales;

3. Stock redemptions; and

4. Corporate reorganizations.

Licensing:

1. Software; and

2. Equipment.

Resolving Disputes Among Owners of Businesses

Contracts with Independent Contractors