SERVICES
Business Law Services
With a commitment to building long-term relationships, we take the time to understand each client’s unique business goals, challenges, and opportunities. We provide tailored legal solutions that adapt as your business grows, offering proactive advice and representation at every stage.
Whether you are just starting or are managing a mature, multi-generational business, Kocher & Barney is here to support your continued success with skilled, reliable, and dedicated legal counsel.
New Business Formation
Launching a new business is both exciting and challenging, and our attorneys are here to ensure you start off on the right legal footing. We assist clients in selecting and forming the appropriate business entity for their goals, including:
- Limited Liability Companies (LLCs): Offering flexible management structures and liability protection.
- Corporations: Providing a foundation for growth, with options for both closely held and publicly traded models.
- Not-for-Profit Corporations: Structuring organizations to fulfill charitable or educational missions with tax-exempt status.
- Partnerships: Including general partnerships, limited partnerships, and limited liability partnerships.
Our attorneys guide you through every step, from drafting and filing formation documents to establishing bylaws or operating agreements, ensuring that your business has a strong legal foundation from day one.
Business Transactions
For every business, smooth and strategic transactions are essential to growth and success. We offer comprehensive support in:
- Contract drafting and negotiation: Ensuring clear terms, compliance, and risk mitigation.
- Mergers and acquisitions (M&A): Navigating the complexities of buying, selling, or merging with other businesses.
- Financing agreements: Including loans, investments, and equity arrangements.
Our team’s experience allows us to handle a range of transactions, from routine agreements to complex, high-stakes deals, with a focus on protecting your interests and maximizing value.
Disputes Between Partners, Joint Ventures, and Shareholders
Disputes among partners, joint venture participants, or shareholders can threaten the stability of any business. We provide legal counsel and representation for conflicts involving:
- Breach of fiduciary duty claims between business partners.
- Disagreements over decision-making authority and voting rights.
- Joint venture disputes, including issues of profit distribution and project control.
- Minority shareholder rights and protection from oppressive conduct.
Our attorneys work to resolve these conflicts through negotiation, mediation, or litigation, aiming to protect the business’s interests while minimizing disruption and financial impact.
Buy/Sell Agreements
A well-constructed buy/sell agreement is crucial for businesses with multiple owners, ensuring clarity when ownership changes. We help clients draft and implement buy/sell agreements that define:
- Triggering events for buyouts, such as retirement, death, or disability.
- Valuation methods to determine fair market value.
- Funding mechanisms to facilitate buyouts, such as insurance policies.
- Restrictions on transfers to control ownership changes.
With our assistance, businesses can maintain continuity and prevent disputes, allowing for smoother transitions when changes in ownership arise.
Family Business Planning
Family businesses face unique challenges, often blending personal relationships with professional responsibilities. We provide guidance in:
- Succession planning to ensure a smooth transfer of leadership to the next generation.
- Governance structures that balance family involvement with professional management.
- Ownership transfers designed to minimize tax liabilities and maximize financial benefits.
- Conflict resolution strategies to address potential family disputes before they impact the business.
Our attorneys understand the dynamics of family businesses and work to develop tailored solutions that support both business success and family harmony.
Business Litigation
When disputes escalate and litigation becomes necessary, Kocher & Barney is equipped to advocate assertively on your behalf. We handle a range of business litigation matters, including:
- Breach of contract cases, ensuring that agreements are honored and enforcing remedies when they are not.
- Fraud and misrepresentation claims to protect businesses from deceptive practices.
- Employment litigation, including defense against wrongful termination or discrimination claims.
- Defense of business interests in complex commercial disputes.
We approach each case strategically, seeking favorable outcomes through negotiation, arbitration, or trial. Our team prioritizes efficient and effective solutions, working to protect your business’s reputation and financial health.