Business & Corporate
DUGGAN BERTSCH is a transactional law firm with a core focus on Business and Corporate representation for the Entrepreneur and Private Client.
The Private Client usually has his or her own business, or his or her assets have risen to a level that the proper maintenance of the assets is a business in and of itself — or it is a combination of the two. We are cognizant of the business base of our clients and provide a full range of Business and Corporate services.
We serve as outside general counsel to numerous clients in a variety of industries and regularly represent clients in completing a full range of complex transactions.
Mergers and Acquisitions, including stock and asset acquisitions, sale transactions, recapitalizations, minority investments, joint ventures and equity transfers
Capital Markets, including private placements and other securities offerings
Corporate Governance and representation of Boards of Directors on such matters as Board structure and composition, independent director representations, special committee representation in connection with interested party, strategic and change-of-control transactions, and internal investigations
Employment Matters, representing both companies and executives in employment agreements and compensation matters and as well as drafting and reviewing employee handbooks and policies
Banking and Finance Transactions, including the representation of lenders and borrowers in all types of lending and secured transactions, including asset-based lending
Financial Institution Regulatory Matters
Technology Contracts, including cloud computing services and technologies (such as SaaS, PaaS, and IaaS), software and application development and licensing, and technology consulting
Start-up Representation, including Entity Formation and Choice of Entity Analysis – Corporations (S or C), LLCs, LPs, LLPs, Financing Rounds (including Seed Financing) and Strategic Planning
Formation of Captive Insurance Companies or IC-DISC
General Corporate Representation
Background: Congress enacted the Corporate Transparency Act (the “CTA”) on January 1, 2021, to help prevent and combat money laundering, terrorist financing, organized crime, and other illicit activity. Effective January 1, 2024, the CTA will require most existing and newly formed corporate entities in the U.S. to file reports with the Treasury Department’s Financial Crimes […]
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would prohibit non-compete provisions for workers and require employers to rescind existing non-competes. The proposed rule would apply to all employees, independent contractors, and consultants. The broad proposed rule would apply even to senior level executives and could potentially implicate agreements […]
Dear Clients and Colleagues, As the fourth quarter of 2022 is drawing to a close, we recommend that you review your comprehensive wealth planning and business structures to ensure that it is consistent with your long-term objectives. While the recent mid-term election results are still not final, with a Senate run-off left in Georgia, it […]
As stay-at-home orders are being extended throughout the country, a significant population of the US workforce is and will continue to work remotely. Because employers cannot actively monitor and supervise their employees, employers are exposed to additional risks of liability. One significant risk is the potential for employees to sustain accidental injuries while working remotely. […]
Late last week, the IRS issued Notice 2020-32 which states that no deduction will be allowed for an expense that would otherwise be deductible by a small business if the payment of such expense results in forgiveness under the provisions of the Paycheck Protection Program (PPP) of the CARES Act, and the income associated with […]
The Small Business Administration (SBA) has just released its Paycheck Protection Program (PPP) Loan Forgiveness Application along with instructions for borrowers on how to apply for forgiveness of such loans (for a copy of the application, please click here). The application, to be submitted by the borrower to their lender, reflects some additional clarifications and borrower-friendly guidelines which […]
Last week Congress passed H.R. 7010, the Paycheck Protection Program Flexibility Act of 2020 (PFA), significantly amending certain provisions in the Paycheck Protection Program (PPP) relating to a borrower’s loan forgiveness relief requirements. The President subsequently signed the PFA legislation into law which provides PPP borrowers with the following favorable modifications that should enable more, […]