Business Law

A significant portion of our firm’s practice is devoted to business and business transactions. We have been privileged to counsel firms and institutions in activities that have shaped the economic landscape of Newton, surrounding cities and the State of Kansas.

We represent large, established corporations and assist in the growth and development of successful small businesses and entrepreneurial endeavors. We offer counsel on the choice and structure of organizations from both a business and taxation standpoint.

Areas of Representation:

  • General business law for existing businesses, including
    • Asset and/or Land Acquisitions and Sales
    • Collections
    • Corporate Reorganizations and Dissolutions
    • Employment Agreements
    • Condo Agreements
    • Leases
    • Architecture Agreements and Construction Contracts
    • Bond Issues including Industrial Revenue Bonds (IRB)
    • Tax Exemption Matters
    • Property Tax Appeals
    • Sublease Agreements
    • Land Purchases and Sales
    • Bylaw Reviews
    • Hospital Liens
    • Civil Litigations or Claims
    • Wage and Hour Matters
    • Severance Pay Claims
    • Evictions
    • Risk Management Issues
    • Criminal Activity Reporting
    • Miscellaneous Contracts
  • Formation, operation and liquidation of corporations (including C corporations, S corporations and professional corporations), partnerships, limited partnerships, limited liability companies, limited liability partnerships, joint ventures, or exempt organizations.
  • Reorganization, merger, consolidation, recapitalization and restructuring of corporations, partnerships, limited liability companies and other entities, including redemption of interests.
  • Acquisition and disposition of stock and assets.
  • Negotiation and preparation of contracts, commercial instruments and security agreements.
  • Transactions involving the Uniform Commercial Code.
  • Employment matters, including contract review and preparation, counseling regarding disciplinary action and terminations, advice regarding discrimination claims, review of employment policies, and advice on the Family and Medical Leave Act.

Frequently Asked Questions

  • Should I consider incorporating my business?
    • Businesses, either intentionally or unintentionally, fall into one of four categories: a) sole proprietorship; b) partnership; c) limited liability company; or (d) corporation. It is to your advantage to know something about the pros and cons of these different organizational tools, and to pick the best one for you and for your business. Forming a corporation can provide important benefits by limiting your personal liability, providing for continuity in the business, centralizing management, and allowing free transferability of ownership interests.
  • What’s a Limited Liability Company, and how is it different from a corporation?
    • Since 1990, Kansas law has recognized the Limited Liability Company (“LLC”) as a legitimate form of business organization. An LLC has much in common with a corporation, but there are important differences as well. The LLC form attempts to blend some of the most attractive elements of corporations (including limitation on personal liability) with some of the elements and characteristics of legal partnerships. To decide if an LLC is the right form for your business, you should talk with both an attorney and an accountant.
  • Why is a “buy-sell” agreement important for people who are in business together?
    • When two or more people go into business together, it is likely that at some point, one or more persons will leave the business, under circumstances that can range from happy to hostile. A buy sell agreement is a way of dealing with departure related issues before they arise. Such an agreement ideally sets out procedures for separation, and addresses money issues as well, including how to place a value on the ownership interest of the departing person or persons.