Preventing

As Outside General Counsel

Pre-Formation and Formation

  • Proper selection of business entity
  • Proper formation of entity
  • Proper drafting of governing documents
  • Proper assessment of state and federal taxes
  • Proper capitalization of entity
  • Proper preparation for first board meeting

Operation

  • Proper selection of Trusted Advisors
  • Proper maintenance of corporate/business records
  • Proper self-governance of entity
  • Proper compliance with all corporate formalities
  • Proper risk assessment and protection
  • Proper compliance with relevant licensing regulations
  • Proper compliance with state and federal regulations—taxes
  • Proper compliance with state and federal regulations—general business operations
  • Proper compliance with state and federal regulations—business specific regulations
  • Proper compliance with building and environmental laws
  • Proper response to government threats—criminal prosecution
  • Proper response to government threats—administrative action and/or civil litigation
  • Proper compliance with employment and labor laws
  • Proper negotiation and drafting of contracts
  • Proper structure of and due diligence for mergers and acquisitions
  • Proper collection of accounts receivable
  • Proper settlement approach and litigation avoidance
  • Proper response to litigation threats

Exit

  • Proper succession planning
  • Proper exit strategy
  • Proper business windup

Prevailing

As Strategic Litigators

Pre-Litigation

  • Proper response to threats of litigation
  • Proper strategy to avoid litigation through negotiation
  • Proper strategy to avoid litigation through mediation
  • Proper strategy to avoid litigation through arbitration
  • Proper strategy to avoid litigation through bankruptcy: discharge of debts or re-organization of business entity
  • Proper approach to deciding whether or not to litigate

Litigation

  • Proper response to being served with lawsuit
  • Proper assessment of insurance coverage
  • Proper tendering of insurance claim to insurance carrier(s) and agent(s)
  • Proper preparation of settlement strategy
  • Proper preparation of strategic approach to litigation
  • Proper preparation of discovery and litigation plans
  • Proper preparation of trial plan from outset of litigation
  • Proper analysis of demanding or waiving trial by jury
  • Proper preparation of plan for alternate dispute resolution
  • Proper analysis of witnesses’ strength and weakness
  • Proper analysis and preparation of pre-trial motions
  • Proper analysis of in limine motions and motions during trial
  • Proper approach and execution of jury selection
  • Proper execution of trial plan

Post-trial and Appeal

  • Proper preparation or motion for cost and attorneys’ fees
  • Proper preparation of opposition to motion for costs/fees
  • Proper analysis and preparation of post-trial motions
  • Proper approach and strategy to negotiate avoidance of appeal process
  • Proper response to appeal files by opposing party
  • Proper decision as to whether or not to appeal
  • Proper strategy re: briefing and arguing case on appeal

Open A Printable View Here