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EMSW | Business

A Business Approach to Legal Services

Business

Business Divorce

While almost all businesses are created with good intentions, unfortunately not all are successful and not all partnerships are without tensions.  The number of owners, the size of the business, and the legal entity used, can multiply the complexity of the organizational structure. The more complex the organizational structure, the more difficult it becomes to navigate and untangle once disputes develop.  We will use our experience to aid our clients in navigating these treacherous waters by helping them find an amicable resolution when possible and counsel them through the litigation process when necessary.

Business Succession Planning

 The family business is the backbone of the American economy, responsible for over half of the jobs in our country.  The successful transition of the business on to the next generation, whether it is inside or outside the family, has rippling effects.  EMSW will assist you in determining the plan that is right for you and your business.  Through careful attention to the legal and tax consequences, we will prepare and implement a plan that will protect you, your estate, your family, your employees, and your legacy.

Contracts

Contracts memorialize the most essential and critical business decisions made by an individual or organization.  EMSW has represented all variations of parties in these types of negotiations and wants to use that experience to help you.  Drafting, review and negotiation of contracts not only requires an attention to detail but a focus on creative problem solving.  EMSW attorneys take great pride in getting the best possible results for its clients and look forward to working with you on all your contract needs.

Corporate formation

A corporation or limited liability company is a business, organization or company formed by a group of people that has rights and liabilities separate from those of the individuals involved.  Whether formed as a non-profit, for profit or for municipal purposes, in the eyes of the law, a corporation or limited liability company has many of the same rights and responsibilities as a person. It may buy, sell, and own property; enter into leases and contracts; and bring lawsuits. It pays taxes. It can be prosecuted and punished (often with fines) if it violates the law. The chief advantages are that it can exist indefinitely, beyond the lifetime of any one member or founder, and that it offers its owners the protection of limited personal liability.  Through careful planning and creation, we will create a corporation or limited liability company that properly fits your needs. 

Employment

Employment contracting, negotiations and considerations are an integral element of any business relationship.  EMSW attorneys have a wide array of experience in all matters related to business law that is invaluable in advising our clients on a broad range of employment-related issues. EMSW can assist both employers and employees alike in reviewing, drafting and negotiating contracts of employment, non-competition and confidentiality in order to achieve the best possible outcome for the client.  EMSW can additionally advise employers in developing and reviewing employment policies and procedures to ensure compliance with best practices and ever-changing Kentucky and federal law. 

Litigation

Our litigators have a sophisticated understanding of the unique environment in which business disputes occur and the complex sets of contracts, laws and regulations that govern them. Our clients want lawyers with extensive experience in the most complex types of business disputes. Our long-term success at client service is demonstrated by the high quality of the companies we represent. 

Risk Management

EMSW will help your business to identify, assess, prioritize, and manage its risk. Our team will employ legal strategies to minimize, monitor and control that risk.  We are one of the few firms in Kentucky well versed in alternative risk management solutions such as Captive Insurance.