Business and Professional Matters

Duncan, Bressler, & Williamson, Inc.

Consultation with an attorney and preparation of a contract are particularly important.

Duncan, Bressler, & Williamson, Inc. is experienced in representing and supporting business entities of all sizes. We have assisted clients with starting new businesses, maintaining existing businesses, addressing risk and liability concerns, crafting employment and buy-sell agreements, transferring business interests for succession planning and family wealth transfer purposes as well as mergers, acquisitions, assets sales, and equities sales. Throughout its fifty-year history, our firm has handled the purchase and sale of numerous businesses over a wide range of industries. Our business attorneys have vast experiences with entity formation, administration, and with delivering solutions for the most complex business issues.

Buying or Selling a Business

When buying an ongoing business, one should have a contract with the seller to (1) ensure that you acquire all available rights connected with the business; and (2) ensure that you do not assume any unwanted or undisclosed liabilities created by the former owner.
Similarly, when selling a business, the advocacy and expertise of an attorney would be beneficial to you in minimizing your tax liability; in assuring compliance with specific legal notices; in preserving your right to compete, if you so choose; and in assuring that your responsibility for the business is properly severed.

Starting a Business

When starting a new business, or even when acquiring an ongoing business, it is important to explore with an attorney the advisability of operating your business as an independent entity, legally separate from you as an individual. By operating under one of the many available business forms, such as a corporation, partnership, limited partnership, or limited liability company, you may be able to limit your personal liability and that of your investors; establish how the business will be controlled; and take greater advantage of tax incentives.

Hiring An Employee or Independent Contractor

Many people are giving more consideration to the tax implications connected with hiring individuals to work in their homes or to work with them on a business or personal project. In addition to the tax aspects, there are significant liability implications that should be considered before hiring an individual for a project. If the person is an employee, there are far greater responsibilities placed on you, the employer. By consulting with us before you hire someone you can discuss the legal implications of both classifications and determine which would be the more prudent avenue.

Employment Contracts and Related Issues

Whenever you hire someone to work for you or when you accept employment from or with another person, your relationship and respective duties should be completely and carefully set out in a written employment contract. An employment contract is of particular importance to an employer when the employee hired will be privy to trade secrets, will be provided with unique training by that employer, and/or will be likely to compete with the employer’s business after the relationship is terminated. Negotiating, discussing, and reducing these issues to writing before the employee accepts the position often prevents a multitude of misunderstandings from surfacing later.

Ongoing Operation of a Business

Operating a business involves many auxiliary concerns, including labor and employment issues. Discrimination and sexual harassment in the workplace have recently begun to receive greater media attention and, accordingly, have come to the awareness of employees and employers, alike. A working knowledge of how employment legislation affects your business, obtained through discussions with us, is essential in today’s regulatory environment.

Employment Matters

We also provide assistance in the drafting of employment policies, advising employers with regard to hiring, terminating and disciplining employees, as well as representing employers in employment disputes.

Duncan, Bressler, & Williamson, Inc.

Duncan, Bressler, & Williamson, Inc. offers expert representation by attorneys who are board certified in probate and estate planning, commercial real estate, residential real estate law, and oil, gas and mineral law.