Business Law

Entity formation and organization, operating and shareholder agreements, partnership terms, and records of authority and approvals. The work includes owner admissions, departures, buy-sell arrangements and succession within the entity.

Drafting, review and negotiation of customer, supplier, services, distribution, licensing, technology and confidentiality agreements. Advice addresses payment, performance, renewal, termination and liability terms, including standard contracts used across the business.

Business purchases and sales, ownership transfers, letters of intent, diligence, purchase agreements and closing documents. Related financing review addresses covenants, guarantees and required consents for the business as borrower. The firm also serves as Montana local counsel to out-of-state acquirers, sponsors and lenders, including Montana legal opinions and in-state closing matters.

Loan documentation, security agreements and perfection under Article 9, guaranties, intercreditor and subordination terms, and Montana legal opinions in financing transactions. Workouts, forbearance arrangements and restructurings negotiated short of litigation. The firm serves as outside counsel to Montana banks and lenders and represents borrowers in financing transactions.

Deadlock between owners, dissociation and buyouts, valuation disputes, and the enforcement or renegotiation of buy-sell and shareholder agreements, resolved through negotiation, mediation and the agreements that document the outcome. Where a matter proceeds to litigation, the firm works alongside litigation counsel and continues as business counsel.

Employment, contractor and executive agreements, owner and key-employee compensation, including phantom equity, profits interests and deferred compensation, restrictive covenants drafted for Montana law, confidentiality provisions, handbooks and workplace policies. Advice also covers discipline and separations.

Negotiating and reviewing commercial leases, amendments, renewals, assignments, and subleases, and handling the real estate components of business purchases and expansions, including review of purchase terms in coordination with title and lending professionals.