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Practical Legal Guidance For Startups, Mergers And Acquisitions In Michigan

Whether you are in the process of launching a startup or you have a well-developed plan to merge with or acquire another company, navigating the legal issues involved requires a sophisticated approach and keen insight into the complexities of the modern business environment.

At Herbert Machnik Law Firm, our attorneys have many cross-disciplinary skills that we bring to the forefront for our clients in Kalamazoo and Jackson. We aim for real-world solutions and want to be your go-to source for all your business legal needs for life. Our Michigan clients come to us because we understand what it takes to navigate every stage of a company’s development, from entity selection to sales or closures – and everything in between.

Legal Services For Startups And Business Formation

No matter what your industry, you need to start your business off strong if you expect to survive and thrive. At Herbert Machnik Law Firm, our attorneys help entrepreneurs with:

  • Structure selection: One of the initial steps in starting a business is selecting the appropriate legal structure, such as a sole proprietorship, partnership, limited liability company (LLC) or corporation.
  • Entity formation: This involves preparing and filing the necessary documents, such as articles of incorporation or organization, with the appropriate state or federal agencies.
  • Drafting and reviewing contracts: Startups often need to enter into various contracts and agreements, such as leases, employment contracts, partnership agreements and vendor agreements.
  • Intellectual property (IP) protection: Intellectual property, such as trademarks, copyrights and patents, are valuable assets for many startups that must be protected to prevent infringement and unauthorized use by competitors.
  • Compliance with regulations: Startups must comply with various federal, state and local regulations and navigate complex legal requirements, such as licensing, permits and industry-specific regulations.
  • Risk management: Starting a business involves inherent risks, but an attorney can help identify and mitigate these risks via liability waivers, policies and procedures that minimize legal exposure and an exploration of the insurance coverage options.
  • Investment and financing: Many startups seek external funding from investors or lenders to grow their businesses. An attorney can assist with the preparation of offering documents, negotiation of investment terms and assurance of compliance with securities laws.

We believe in a comprehensive, pragmatic approach to the legal concerns of startups, and we will continue to assist with your legal needs as you grow.

Legal Guidance During Mergers And Acquisitions

Mergers and acquisitions (M&As) happen at different stages of a company’s development, but they often involve many of the same issues that have to be addressed during an initial business formation with a startup. This is especially true when it comes to synthesizing the operating documents of two formerly separate companies into a new post-merger or acquisition business structure.

Our attorneys assist with all steps in the merger or acquisition process, including:

  • Preparation and planning: We can conduct or oversee legal due diligence on the target company and review contracts, corporate governance documents, litigation history, intellectual property rights and historical regulatory compliance to identify potential risks and liabilities.
  • Documentation and coordination: Our M&A attorneys can also assist with the drafting or review of all the various documents necessary to begin the merger or acquisition process, including disclosures. We understand how to coordinate with other professionals, including accountants, to ensure you have a comprehensive overview of all the legal issues and/or risks involved.
  • Financing arrangements: Our attorneys assist in negotiating and drafting financing agreements, as well as helping our clients explore all the options, including debt facilities, equity investments and mezzanine financing.
  • Transaction structuring: We can advise you on the most suitable structure for the M&A transaction, considering all the tax implications, regulatory requirements, financing options and your overall objectives.
  • Preliminary offer building: We carefully draft and review preliminary agreements, such as letters of intent (LOIs) or term sheets, outlining the key terms and conditions of the proposed transaction, including the purchase price, payment terms, due diligence process and any exclusivity provisions.
  • Negotiation of the definitive agreements: We offer dedicated guidance with final M&A agreements, such as the resulting purchase contract, merger agreement or any asset purchase agreements, with care to address all issues related to representations and warranties, indemnification, closing conditions and each party’s post-closing obligations.
  • Regulatory compliance: Our attorneys assist in preparing and filing regulatory submissions for mergers and acquisitions, such as antitrust notifications or the diverse filings required by government agencies to obtain the necessary approvals and clearances for the transaction. This is particularly important in transactions involving publicly traded companies or securities offerings.
  • Closing coordination: Attorneys play a key role in coordinating the closing of the transaction in a merger or acquisition, which can help ensure that all legal formalities are followed, documents are properly executed and funds are carefully transferred per the terms of the agreement.

Finally, our attorneys advise on post-closing integration matters with mergers and acquisitions in Michigan, such as company restructuring, the facilitation of employee transitions, intellectual property consolidation between the formerly separate entities and the fulfillment of all leftover contractual obligations.

At Herbert Machnik Law Firm, we handle many legal issues that may not fit neatly into a “business law” block, like commercial real estate leases or purchases. The end goal is to facilitate a smooth transition process for our clients and maximize the benefits of the merger and acquisition process for the resulting company.

Let Us Help Your Michigan Business Launch, Grow And Change

A successful business is the result of smart strategies, and those need to evolve as the business grows or the industry changes. Let the lawyers at Herbert Machnik Law Firm guide you through your beginning and every transformation down the road.

We are a full-service legal team that can provide experienced support for many tangential concerns, including real estate contracts, environmental law concerns, intellectual property litigation, employee benefits and manuals and asset valuation. If it relates to your business, we can guide you through your options and protect your interests. Call 269-948-7600 or email us using our online form to schedule your confidential consultation today.