Business and Commercial Law

Business decision makers need attorneys who understand the bottom-line impact of their advice. For over sixty two years, business owners and managers have relied on Bousquet Holstein for legal advice and analytical tools to plan for and assess business opportunities and transactions throughout the enterprise life cycle, from formation and operations through transition by succession, sale, or dissolution.

Company Formation

We help our clients select the form of business organization that best suits their goals. Our clients receive strategic advice about the many choices in the start-up phase. This includes entity type, ownership and management structure, taxation, and ownership transfer agreements. We have experience establishing:

  • limited liability companies
  • corporations (for profit and not-for-profit)
  • general and limited partnerships
  • joint ventures
  • trusts
  • proprietorships
  • bankruptcy-remote (single purpose) entities for financing purposes, and
  • entities for licensed professionals (including physicians and other medical professionals, engineers, veterinarians, and attorneys).

Our Economic Development practice group works closely with us in the formative stages of the enterprise to ensure that the business is structured to maximize available government incentives.

Daily Operations

During the operating life of an organization, our business attorneys bring finely-honed experience to help our clients structure and negotiate complex agreements and financial arrangements with customers, suppliers, lenders, investors, regulators (including state tax departments and the IRS), and employees, and address other key business, tax, and legal decisions. These relationships often require knowledge of many areas of the law, and our business attorneys all work in other practice areas, enabling us to provide clients with the depth of experience needed to address any business-related legal matter.

Mergers & Acquisitions

For businesses expanding by acquisition, our Mergers and Acquisitions attorneys bring the experience of hundreds of deals to the negotiating table. Businesses pursuing other growth strategies rely on our experience with a broad array of commercial lending, secured transactions, and investment capital financing through private placement and Regulation D offerings for operating businesses as well as real estate development projects.

Business Tax Planning and Analysis

Our business practice is strongly tax-oriented, providing tax planning and analysis for ownership transitions, reorganizations, mergers, and other transactions. Clients needing tax-related services, including assistance with IRS or New York State Tax Department examinations, audits, or investigations (civil and criminal) can consult with our Tax Planning and Advocacy attorneys. We work closely with our clients’ accountants to ensure that the financial and tax impact of every material transaction is properly understood and clearly communicated.

Business Transitions

When ownership of a business is in transition, we provide planning advice, transition strategies, tax analysis and planning, document drafting, and, where needed, negotiation, in all phases of the transaction. Transition arrangements vary with each enterprise. In some cases the new owners are family members or key employees, and in other cases the business may be acquired by a third party through acquisition, merger, or other combination.

Executive Compensation

At Bousquet Holstein, we work together with our Employee Benefits attorneys to design and implement executive and deferred compensation programs. We do this for start-up companies, established regional and national corporations, partnerships, and tax-exempt organizations like universities and colleges. We assist clients with tax planning and securities law relating to the various compensation plans, including government filings and shareholder disclosures.

Our services include the drafting and implementation of:

  • employment and consulting agreements
  • annual and long-term incentive plans
  • deferred compensation plans
  • supplemental retirement plans
  • severance and change-in-control agreements
  • performance-based compensation agreements
  • ESOP (Employee Stock Ownership Plan)

Professional Practices

For licensed professionals, our Professional Practices Group provides advice tailored to the unique aspects of each profession, as well as practical legal advice on the business aspects of managing your professional enterprise.

Types of Business and Commercial Law work we do:

  • Bank Representation - Commercial
  • Construction Law & Financing ( Real Estate Development )
  • Entity Dissolution/Liquidation
  • Entity Formation/Governing Documents
  • Environmental Matters
  • Hospital Representation
  • Insurance Industry Representation
  • Minutes
  • Securities and Private Placement