Throughout the life of your business, your company may need to engage in various complex transactions, such as corporate governance, IP, joint venture, and purchase-and-sale agreements. Ensuring you negotiate a fair agreement that protects your company’s rights and interests may seem overwhelming.
Fortunately, having experienced legal counsel in your corner can help you structure a favorable business transaction. When you need to structure a business transaction, turn to the legal team at Surovell, Isaacs & Levy PLC. Contact us today for an initial case evaluation to discuss how we can help.
Types of Business Transactions We Handle
At Surovell, Isaacs & Levy PLC, our business law attorneys help startups, small businesses, and established corporations negotiate business transactions such as:
- Intellectual Property Agreements – IP agreements in business transactions may take many forms, including IP sales, licensing agreements, and invention assignment agreements.
- Joint Venture and Partnership Agreements – Businesses that wish to collaborate on a specific endeavor may enter a joint venture or partnership agreement to govern their relationship, including management rights, financial support, division of profits, and ownership of IP or other assets.
- LLC Agreements – LLC agreements govern the management of limited liability companies and the relationship among the LLC’s members (owners).
- Stockholders’ Agreements – In many closely held corporations, shareholders may enter a stockholders’ agreement to govern their rights and responsibilities to one another, the corporation, and its management (such as who will sit on the company’s board).
- Financing and Investment Agreements – Startups and emerging corporations may require investments or financing. Agreements may take the form of equity purchases, convertible debt, or venture debt. Financing and investment agreements also frequently give investors the right to participate in future investment rounds at favorable terms to prevent dilution of their stake.
- Purchase-and-Sale Agreements – Business owners who wish to sell their business to a competitor or strategic partner may enter a purchase-and-sale agreement, which may involve selling the equity in the purchased business or creating an asset purchase agreement under which the selling business sells its assets to a buyer while maintaining its corporate structure.
- Mergers and Acquisitions – M&A transactions typically occur between larger, more complex corporations and involve a complicated process of due diligence, regulatory review, and contract negotiations over valuation, payment structuring, liability allocation, and buyer or seller indemnifications.
Critical Elements of Successful Business Transactions
Negotiating a business transaction that serves your company’s interests, needs, and goals will involve several elements, including:
- Due Diligence – Business transactions should begin with due diligence, in which the parties gather and analyze information about each other and the proposed transaction to understand the benefits and potential liabilities and make informed decisions.
- Thorough Negotiation – A vigorous, arms-length transaction can help parties negotiate a mutually beneficial agreement so that neither side feels like they have to give up more than they received.
- Contract Drafting and Review – Careful contract drafting and thorough review of proposed agreements can ensure that parties consider issues that the contract should cover and that the agreement contains no errors or ambiguities that may cause future disputes or litigation.
- Closing and Post-Transaction Support – Having experienced legal counsel to assist you during closing and post-transaction can protect your rights and interests in post-closing matters such as earnouts or indemnification claims.
Common Challenges in Business Transactions
Business transactions can face a variety of legal challenges and complexities, such as:
- Regulatory Compliance – Many business transactions require parties to ensure regulatory compliance, such as compliance with securities laws for financing or investment transactions or antitrust laws for M&A transactions. Businesses may need to ensure compliance with state or local regulations, such as zoning laws or licensure requirements.
- Valuation Disputes – Purchase-and-sale and M&A transactions and investment agreements frequently involve disputes over business valuation, with parties using different methods or including different factors to value business interests.
- Intellectual Property Issues – Transactions can involve legal issues regarding intellectual property, including disputes over ownership or ensuring the validity and enforceability of parties’ IP.
- Cross-Border Transactions – Business transactions across national borders can create even more complex legal issues for parties, such as the need to comply with two sets of national laws and regulations or with bilateral or international treaties and conventions.
How Our Firm Can Help
When your company considers entering a business transaction, let Surovell, Isaacs & Levy PLC help you structure a favorable and enforceable agreement by:
- Thoroughly reviewing your company’s situation to understand your needs and goals in the proposed transaction
- Evaluating your company’s options and the potential legal or regulatory issues that may arise during the transaction
- Vigorously negotiating on your business’s behalf to secure a mutually agreeable contract
- Supporting your business through each stage of the transaction, including due diligence, negotiation, closing, and post-closing matters
Why Choose Surovell, Isaacs & Levy PLC?
Negotiating a business transaction can involve complex factual and legal issues. Choosing skilled, experienced legal counsel can help you protect your company’s interests and future during negotiations. For years, businesses throughout Northern Virginia and Washington, D.C., have turned to the legal team at Surovell, Isaacs & Levy PLC for guidance and support during business transactions because:
- We offer every client knowledgeable advice and legal counsel. We don’t simply prepare forms and documents; our attorneys take the time to guide each client based on their specific circumstances, needs, and goals.
- Our attorneys work diligently to offer peace of mind. Our team will thoroughly review your situation to determine the best action.
- Our firm combines a large law firm’s sophisticated advice and extensive resources with a boutique firm’s attention and service. No matter the size of your business or the complexity of your situation, our attorneys will help you find a solution.
Contact Our Firm Today for Help Negotiating a Business Transaction
If your business needs legal advice and guidance when negotiating a transaction, turn to the experienced legal team at Surovell, Isaacs & Levy PLC for assistance. Contact our firm today for an initial consultation with a knowledgeable business law attorney to discuss how we can help protect your company’s rights and interests.