We routinely represent businesses of all sizes and types, and at every stage of development; ranging from the concept and start-up phases to final sale, transition to the next generation, or dissolution. We advise our clients who are starting a new business to involve our attorneys for consultation as early in the process as possible, when decisions must be made about what type of entity is needed to operate the business and how it should be structured. We have significant experience forming corporations, limited partnerships, sole proprietorships, limited liability companies (LLCs), and other entities.
Delaware law requires that certain business entities, such as corporations and LLCs, select a registered agent to receive official mailings and service of process for those entities. We often assume that role, if asked to do so.
We are able to determine and draft the legal documents a business needs. These include contracts, non-compete agreements, leases, franchise agreements, confidentiality agreements, and stock redemption and buy-sell agreements, among others.
We provide a full range of services that are vital to the ongoing operation and management of businesses once the start-up phase is complete. Some of these services are:
- Structuring, negotiating and documenting business transactions and contracts;
- Handling large or non-routine commercial collections;
- Managing real estate acquisitions and leases;
- Providing corporate governance and compliance advice;
- Preparing necessary corporate amendments and resolutions; and
- Corporate restructuring, merger, and acquisition counseling and management.
The breadth and depth of our experience in commercial and business law is very much attuned to the real-world business needs of our clients. In short, we provide a full range of “general counsel” legal services required by businesses of all sizes and types.
COMMERCIAL AND CIVIL LITIGATION AND DISPUTES
When necessary, we represent our business clients in litigation matters in all of the state and federal courts in Delaware.
Our attorneys are experienced litigators who have appeared on behalf of both businesses and individual clients in state courts in Delaware, including appellate courts and the specialized Court of Chancery. We regularly handle civil and commercial actions including breach of contract actions, partnership disputes, corporate control and governance disputes, trust litigation, commercial collections, injunctions, and landlord/tenant cases.
Some of our representative cases include opposing an injunction sought by a former employer against two entrepreneurs based on a non-compete agreement; representing a national trust company in a dispute between beneficiaries over the interpretation of a trust; filing suit on behalf of a client to recover unpaid funds due under a corporate buy-out agreement; defending two shareholders against a suit filed by the third shareholder for breach of contract and fiduciary duties; and defending a home seller against claims made by the buyer relating to the condition of the house.
Of course, not every disagreement results in a lawsuit. We frequently represent parties in out-of-court disputes, such as defending a business tenant in a landlord dispute concerning payment of utilities; representing a buyer of a new home in a dispute with the builder concerning the agreed-upon price; and representing a retail store in a dispute with its bank concerning financing for the business.
Our attorneys also act as local counsel in civil litigation matters. Delaware law generally requires that where a party is represented by a lawyer in a lawsuit, the legal team must include at least one lawyer admitted to practice law in Delaware. This is the case even if an out-of-state lawyer is serving as lead counsel and is admitted pro hac vice in the case. We are available to serve as Delaware counsel in such cases, and will work with out-of-state counsel to take care that they handle the case in confronting with local rules and customs.
Should require representation, advice, registered agent services, or legal assistance for your business in any other capacity, please call our office at (302) 239-3700 to arrange a consultation with one of our experienced attorneys.