Business Law
With 25 years’ experience, Jonathan S. Berck assists companies of all sizes with all facets of their business activities.
The biggest assistance any lawyer can provide is to properly structure businesses and transactions at the outset to avoid future problems. Mr. Berck’s approach is to review documents, understand the client’s operations and strategy and structure a legal plan tailored to the needs of the business.
Mr. Berck employs what he calls a “risk analysis” approach to business law: rather than simply “papering” a deal, he assists clients in analyzing the business and legal risks inherent in the relevant markets for the products or services, likewise the company structure and finances, the particular project and, for international projects, the risks posed by the political and legal regimes and the currency markets. This holistic approach assures that the legal advice given matches the business needs of the client; of course, the degree to which the client needs assistance identifying these risks will vary with the client’s experience and sophistication.
Legal Services for Start-Ups
Start-ups and entrepreneurs typically need the following services, all of which Mr. Berck can provide:
- Incorporation
- Employment Agreements
- Joint Ventures
- Distribution Agreements
- Intellectual Property Issues
- First-round financing
- Subscription Agreements
- Private Placements, or other registration-exempt fundraising
Legal Services for Growing Businesses
More mature businesses may need assistance revising existing plans, or devising new plans to appropriate to their expanding opportunities. These may include:
- Mergers
- Acquisitions
- Establishment of subsidiaries
- Holding companies and offshore entities
- Licensing and franchise agreements
International Business Law
Much of Mr. Berck’s experience has been in the international arena, assisting both domestic and international clients in conducting business across borders. Please click here to see a full description of his services in this area.
Dispute Resolution
Occasionally, despite the best planning, business disputes do arise. Of course, it is often to the business’ advantage to find a peaceful resolution to the dispute short of the expense and uncertainty of litigation. Negotiation is the first resort; Mr. Berck’s broad experience with businesses of all sorts is useful in seeking creative and favorable resolution of conflicts with erstwhile business partners. If a dispute escalates, mediation becomes an option. Beyond that, Mr. Berck has an extensive referral network of like-minded litigators with a similar risk-based approach to legal issues, designed to judge the likelihood of outcomes against the cost of pursuing avenues of attack.
