CORPORATE FORMATION AND MAINTENANCE OF BUSINESS ENITITIES
MERGERS AND ACQUISITIONS
ACQUISITION AND DISPOSITION
Our attorneys are well aware that effective estate and trust planning dramatically reduces the costs of probate, as well as federal estate tax and state inheritance tax liabilities for families and individuals. These measures not only secure a client’s intentions both immediately and in the future regarding the protection and distribution of assets, but also provide peace of mind for families in a world filled with uncertainties.
Our attorneys assist executors and trustees during the administration of an estate or trust, and during the course of probate litigation. We assist clients with matters concerning powers of attorneys and appointments of healthcare representatives, guardianship appointments, living will and life prolonging declarations, federal and Indiana estate and inheritance tax forms, wills, trusts, and Medicaid planning, as well as with will and trust contests.
Because of our attorneys' backgrounds, we have a special focus on “non-traditional families”, whose unique needs and wishes may be unprotected by state and federal laws making estate planning all the more critical. Whether dealing with single-parent households; combined families, with or without a legally recognized union; second-marriages; grandparent head of household families; the LGBT community; or even the more “traditional” nuclear family, our attorneys strive to protect their clients, their clients’ loved ones and property to the fullest extent of the law. In addition to preparing estate plans for our clients, we strongly encourage everyone to have prepared advanced directives concerning health, financial and life-prolonging matters in order to protect oneself before the unthinkable happens and renders one unable to make decisions for oneself.
With respect to the LGBT community, and other non-married couples and blended families, we are ever-mindful that the intestate laws of Indiana and Illinois will not protect these citizens to the same extent as married couples. Our aim is to ensure that our clients’ families, futures and assets are protected to the fullest extent of the law and fill in the gaps where our states’ statutes fail to protect all of our citizenry.
Mediation is an informal and confidential way for people to resolve disputes with the help of a neutral mediator who is trained to help people discuss their differences. The mediator does not impose a decision on the parties, but works with the parties and their attorneys to resolve the dispute. One of the many benefits of mediation is that the dispute can be resolved in a manner that is tailored to the particular problem.
Attorney Timothy Fletcher recently completed the required course work to become a registered civil mediator. Throughout his career, Mr. Fletcher has represented both plaintiffs and defendants in litigation. This experience gives Tim a set of tools to assist each of the parties. Regardless of which side they are on, Mr. Fletcher believes that mediation is a more cost-effective and expedietn alternative to resolving disputes than going to trial resolving disputes.
Mediation sessions can be held either at our offices or at another location that better suits the parties.
Our corporate and business attorneys provide comprehensive legal advice and counseling to clients on a wide range of issues from complex corporate and financing transactions to general day-to-day operational issues. We strive to provide, in a timely and personal manner, services that are tailored to each client’s needs.
Our attorneys represent multinational and domestic organizations on a wide range of business and corporate matters, including organizational structure, mergers and acquisitions, and taxation.
SERVICES AND EXPERIENCE
The following is a sampling of the range of services offered in our corporate practice.
FORMATION AND MAINTENANCE OF BUSINESS ENTITIES
We work closely with clients to understand their business and counsel them on selecting the most appropriate organizational form for their objectives. We advise domestic and multinational companies on the intricacies of corporations, limited liability companies, partnerships and other entities. We also advise shareholders and other interest holders on shareholder agreements, LLC operating agreements and similar contractual arrangements for the management of a corporation or LLC. Under the supervision of our corporate lawyers, our legal assistants maintain corporate records for private business entities organized under the laws of the various states throughout the country.
We advise clients concerning the structuring and financing of investments, mergers, acquisition and divestitures involving public and private companies. We represent both acquiring and acquired entities in asset and stock transactions. Throughout the process, from anti-trust filings to post-acquisition counseling, our focus remains on the needs of our clients and how our representation can best help them achieve their goals.
Our corporate lawyers regularly counsel clients in the purchase or sale of both majority and minority investments in privately-held corporations and limited liability companies. We work with investors and issuers in the private placements of equity and debt securities and in negotiating and structuring venture capital investments.
We have extensive experience in counseling domestic and multinational clients on restructuring corporate groups and documenting related company transactions. We are sensitive to the time requirements in restructurings and work closely to assure timely government filings and implementations of restructurings and reorganizations.
Where litigation may be necessary, our litigation attorneys possess the skills to advise our clients of the risks and/or benefits of litigation, as well as alternative methods of dispute resolution. We have represented clients in distribution, sales and marketing disputes, as well as anti-trust and patent infringement disputes. We have successfully concluded personal injury and defense negotiations, settlements, trials and appeals in state and federal courts throughout the United States, and in private arbitration, mediation and negotiation.
Issues concerning insurance coverage are often complex, and our attorneys offer our combined insurance defense experience with respect to coverage and contractual disputes with policy holders and third-parties, as well as acting as defense counsel for the insured. We will ascertain an insurer’s rights and duties under a policy and provide advice, an opinion, or seek a judgment depending on the situation. We stand behind the opinions rendered. We have handled many types of coverage claim and various kinds of policy, giving us an in-depth understanding of insurance coverage issues and disputes. We will analyze the facts and policy involved to provide an assessment of the rights and duties involved. Over the years we have represented insureds in practically all areas of defense, including automobiles, construction, malpractice, property and environmental matters, indemnity and subrogation issues, as well as product failures, to name but a few. Our skilled and aggressive defense practices have allowed us to develop cost-saving techniques to serve our clients’ needs in order to contain the ever-rising costs of litigation.
We have represented both individuals and businesses in personal injury, accident and catastrophic matters; construction accidents; commercial and contract disputes, including anti-trust and patent infringement; professional negligence; toxic tort cases; probate litigation, including will contests; real estate litigation; and appellate practice. We have advocated on behalf of both plaintiffs and defendants. We will give you an honest evaluation of your issue and aggressively represent your interests throughout the legal process. We believe effective advocacy includes and on-going obligation to provide you with an honest evaluation of your case not only at its inception, but throughout the course of litigation. This allows us to provide you with the most cost-efficient and effective legal services possible. We are aware that a client’s needs and objectives can and often do change throughout the course of a lawsuit.
Our attorneys regularly assist clients in all aspects of the ownership, development and leasing of real property for retail, residential development, office, industrial and wholesale distribution purposes. Our services include assistance with site selection, purchase negotiations, due diligence, and leasing. We also assist our clients with the selection of design, construction, environmental and other consulting firms and service providers. We represent clients in related real estate matters including title insurance claims, eminent domain matters, and real estate tax and assessment challenges.
Our attorneys regularly represent residential buyers and sellers as well as clients from a wide variety of industries including distribution, warehouse and freight forwarding companies; automobile parts manufacturers; electronics, printing and machine tool manufacturers and distributors; developers of condominium, multi-family and tract housing; agribusinesses; developers of retail, entertainment, amusement and recreational real estate; architects and other design and construction professionals; title insurance providers; and religious, charitable and other tax-exempt organizations.
RANGE OF SERVICES AND EXPERIENCE
The following are some of the principal services provided by our attorneys.
ACQUISITION AND DISPOSITION. We represent buyers and sellers in the purchase and sale of all types of real property and related facilities, including residential, office, manufacturing, distribution, warehousing, freight forwarding, and residential and retail development projects.
CONSTRUCTION. We represent clients in the construction of manufacturing, office, commercial, shopping center and warehouse facilities. In addition, our attorneys assist clients in obtaining annexation, procurement of zoning variances, changes and special use permits.
DEVELOPMENT. Our experience in site selection, due diligence, planning and obtaining annexation and procurement of zoning variances, and special use permits allows us to effectively represent our clients in the pre-construction and development stages of a project.
EMINENT DOMAIN. We represent both landowners and condemning authorities in eminent domain proceedings and negotiations.
ENVIRONMENTAL. We assist our clients with due diligence site investigation and working with environmental consultants to develop regulatory compliance and property remediation.
LEASING. Our attorneys regularly represent clients in the drafting, revising and negotiation of the leasing of residential, office, manufacturing, distribution, warehouse, freight forwarding and retail properties of all shapes and sizes for projects of local and national scope.
Our attorneys provide legal advice and counseling to clients engaged in the manufacture, distribution, sale and service of products. We assess the legal issues and complications associated with product manufacture, sales, distribution, marketing and pricing. We help our clients reduce the significant risks involved in the manufacture, advertising and sale of their products, their relations with distributors, dealers and sales representatives. We provide crucial counseling and representation in the area of product warranties and products liability in order to assist our clients in reducing their risks and legal expenses in these areas. Our attorneys emphasize a positive, pro-active approach because we firmly believe the best interests of our clients will be served by addressing and resolving potential problems before they arise. In many instances, this can be done through careful drafting of distribution and sales representation agreements and the contract terms and conditions relating to the underlying sales transactions, especially with regard to the increasing use of Internet and e-commerce transactions.
SERVICES AND EXPERIENCE
The following is a sampling of the range of services and expertise in our distribution and sales practice.
Our attorneys assist clients by evaluating and preparing appropriate agreements for their customers and suppliers and for their distributors, dealers and sales representatives. We advise our clients of state and federal laws that govern suppliers, distributors, dealers and sales representatives, and transactions with consumers, as these laws may override the terms of the parties’ agreements. We provide skilled legal counseling, not only at the time of termination, but also at the time of the establishment of the relationship between the supplier and the distributor, dealer or sales representative.
We assist clients in securing collateral (via UCC security agreements and financing statement filings) to protect the clients’ interests in credit transactions. We further assist clients in securing payments through letters of credit, guarantees and other creative financing techniques.
Contact us to schedule a consultation to determine if our distinguished level of experience,knowledge, and dedication to our clients can be of assistance to you.
Attorneys at Law
2005 Valparaiso Street, Suite 203
Valparaiso, IN 46383
Phone: (219) 299-6263
Wendy A. Fletcher
R. Timothy Fletcher
Stephen J. Sullivan
Fletcher & Fletcher, Attorneys at Law | 2005 Valparaiso Street, Suite 203 | Valparaiso, IN 46383
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