Privately held SMBs employ half the US worker force and generate 40% of national income (GDP). We support these essential businesses and their diverse legal needs whether it’s a business entity formation, a reorganization, contract drafting or negotiation, employment, or business purchases and sales transactions.
Family-owned and
Closely held Businesses
Family-owned and other closely held businesses may need to convert from an S-corporation to an LLC or otherwise restructure to facilitate succession or investment by (or sale to) third parties. We identify the available tax efficient solutions and help you navigate and implement these sometimes sensitive or complex matters.
Solopreneurs
We work with solopreneurs – solo technology service providers, contractors, or professionals, set up an entity for liability protection – typically an LLC or S corporation, draft customer contracts, negotiate and prepare sub-contractor agreements, establish RME or RMO arrangements, and provide general counsel when legal needs arise.
Employee Mobility &
Trade Secrets
Technology service providers starting their own business are often party to confidentiality, proprietary rights, and invention assignment agreements with a current or former employer. DPA’s contract and trade secret practice in supports individuals seeking to change employment or organize a startup without violating enforceable contract rights and obligations owed to a current or former employer. We also assist businesses seeking to hire an employee or former employee from a competitor while respecting legitimate third party confidentiality and trade secret interests.
Contract Support
From time-to-time you will receive B2B contracts beyond your comfort zone, typically of burdensome length from much larger companies. There may be a temptation to simply sign and hope nothing goes wrong. Or, you could tap our knowledge and practical experience, and we will guide you to the truly important provisions (reps and warranties, indemnity covenants, liability caps, and the like) and, where they deviate from general market terms, are omitted, or overreach with respect to your particular commercial relationship, negotiate appropriate adjustments. Our track record is quite excellent in this regard.
General Corporate
Support
LLC operating agreements and corporate bylaws and articles of incorporation (certificates of incorporation in Delaware) set the rules and procedures for internal governance. Like your contracts with employees and service providers, when properly prepared and carried out in alignment with applicable laws, they protect company owners and officers from personal liability for company contracts, most of its acts, and internal claims. We welcome calls from SMBs seeking support on these matters which may include documenting resolutions and actions, amending governing documents, transferring ownership interests, or advising on service provider contracts.