Business Law and Corporate Governance

Are you a business owner, or thinking about starting a business?Are you unsure whether your business is properly protected, in compliance with statutes and regulations and prepared for the future? Are you vulnerable to personal liability because you’ve failed to follow the required corporate formalities?

Gertler Law Group represents business owners, employers and shareholders and advises clients on a wide range of issues affecting business. Our goal is always to help our clients’ businesses run more effectively and minimize risk through preventive measures, ongoing advice and counsel. We employ a complete toolbox of strategies and innovative thinking and use our bankruptcy and litigation backgrounds to help businesses avoid the problems that can arise.

Some common mistakes made by businesses include:

  • Not properly memorializing gifts or loans to the business;
  • Choosing the wrong corporate entity or not protecting themselves from individual liability by not following proper corporate protocols and guidelines;
  • Executing documents without legal advice, leaving their interests unprotected, leading to liability or litigation;
  • Unnecessarily providing personal guarantees;
  • Not negotiating or using leverage properly;
  • Improperly planning or not planning at all for the succession of the business.

We act as business advisors, creating innovative solutions that avoid litigation wherever possible. But when disputes arise, we are prepared to take a case to trial if necessary. (For more about business disputes and our litigation practice, please see Commercial Litigation).

We understand that decisions made during transactions or business disputes affect not just the deal or dispute at issue, but your entire business – often in ways you may not anticipate. Our experience allows us to anticipate them for you. We analyze your problems from a business perspective, using our mediation, bankruptcy, business, and litigation experience to anticipate potential pitfalls, identify opportunities and provide you with options and legal safeguards that support your whole business.

We represent many family and closely held businesses, and we understand that for those clients, their business isn’t just their job or their livelihood – it’s their family. And even when the owners of a business aren’t family, they often become like family, and business issues such as partnership agreements and dissolutions can become emotional or personally difficult to maneuver. Our clients want to ensure longevity for their business and for their customers.

Our business clients want to minimize their risk, reduce costs and protect their business and corporate assets by ensuring that they are in compliance with state, local and federal rules and regulations, and that they are operating efficiently and effectively. They want their interests to be protected when they enter into a contract with a supplier, introduce a new product, create a joint venture or hire or fire employees.

Just starting out in business?

We can help you choose the correct business entity and ensure that your business is formed correctly and that it protects you from personal liability. We work with clients on all of the functions involved in modern business, partnership and corporate law from creating, maintaining and organizing your business to liquidation, dissolution or sale.

We can help you create holding companies or subsidiaries for different divisions or products, or develop agreements with strategic alliances. We can answer questions that affect the future of your business, such as whether the corporate entity you’ve chosen will be appropriate if you decide to take the company public in the future.

Looking to grow or improve your existing business?

Our “Corporate Tune Up” program provides clients with ongoing legal advice about their business, including periodic review of contracts and other important business documents. We can review your employment practices and ensure that you are in compliance with state and federal regulations and requirements. We’ll work with you to prepare and negotiate agreements, including shareholder and employment agreements, and advise directors and officers about their legal responsibilities, obligations and potential for liability and help you to avoid or limit personal guarantees and personal liability.

We can facilitate the growth of your business by advising you on acquisitions, mergers and joint ventures, and helping structure your financial transactions, including obtaining secured or unsecured loans and other commercial financing.

Interested in finding out how we can help improve your business? Call us at 516‐228‐3553