Unlike many areas in the practice of law, business matters requiries legal counsel that understands both the law and the mechanics of how to operate and manage a business. We have handled all aspects of business law from start-up and formation to merger and acquisitions and/or dissolution. Addressing your business legal needs with a mindful eye on the potential business implications is our number one focus.
We are committed to helping our clients make informed decisions regarding the formation or restructuring of their business. Choosing the appropriate business status is important in establishing long-term viability. We provide services for all types of business formation and restructuring including partnerships (general, limited, limited liability), corporations (S and C), limited liability companies (LLC), shareholder agreements, and operating agreements.
Litigating Business Disputes
We can provide commercial and business litigation services to individuals or small businesses. Our practice includes several types of commercial and business litigation such as breach of contract disputes, partnership and corporate dissolutions, and shareholder disputes.
Sometimes, disputes come about due to the nature of the terms contained in the contract. A breach of contract occurs when one of the parties fails to uphold its end of the bargain. In this situation, the non-breaching party may be entitled to recover their losses.
In Ohio, consumers may have additional remedies if there is a breach of contract due to a deceptive or unfair trade practice. Ohio’s Consumer Sales Practice Act (OCSPA) affords relied and compensation for losses through an additional claim that can be filed that works in conjunction with a breach of contract claim.
Our firm has extensive experience in dealing with contract disputes and/or disputes that result from an unfair or deceptive trade practice. Let us help you protect your rights under the contract.
Covenants Not To Compete and Injunctions
A “non-competition agreement” or a covenant not to compete, are contracts that prohibit certain activities or employment after an employee has left a company. These agreements can impose restrictions such as geographic limitations and/or customer limitations.
Generally, Ohio Law DISFAVORS THESE AGREEMENTS because it acts as an illegal restraint on trade. Therefore, Ohio Courts will closely look at these contracts and will try to modify them without causing harm to either party. These agreements must be enacted for the sole purpose of protecting an employer’s legitimate business interest as necessarily required, cannot impose undue hardship on an employee, and cannot harm the public interest.
Sometimes, the best remedy is to seek an injunction, or a court order preventing the disfavored action or restriction for a set period of time until the matter is resolved.
Mergers and Acquisitions
The terms “merger” and “acquisition” are often used interchangeably, but in reality they mean slightly different things.
A merger is when two firms, agree to move forward as a single new company rather than remain separately owned and operated. The stock from both companies cease to exist and are re-issued under the new company’s name.
An acquisition is where one company acquires another company by essentially “swallowing” its ownership, business, stock, and customers while continuing to operate and trade.
We can provide you with our comprehensive experience in M&A transactions, including negotiated and contested mergers, stock and asset purchases, tender and exchange offers, spin-offs, and much more. Our insights extend into every major industry including financial services, asset management, consumer finance, professional services, real estate, health care, and manufacturing.
Contact Us Today!
Your business and your employment are crucial to earning a livelihood. We advise and represent businesses of all types and sizes. We understand that the needs, goals, and operations of our clients differ greatly, and we believe that the best way in handling your case is to work with you one on one and become familiar with your business goal and the model so that we may offer you a clear insight into the best means available in protecting your interest.
Our background and experience in business also allows us to develop and create efficient and reliable business solutions that may benefit you and your company from here on out. you find yourself in a dispute involving both legal and business concerns, contact our office today for a FREE CONSULTATION.