Contracts & Negotiations
BUSINESS TRANSACTIONS
This process involves rules and practices for business dealings without the court system. The transactions that are involved in business are numerous; however, many of them are interrelated and comprise one large transaction. For instance, purchase or selling a business will involve several business transactions to consummate the deal. Fantetti Legal business transactions practice is comprised of knowledge, experience, and strategies to complete a series of these transactions for any business deal.
DUE DILIGENCE REVIEW
This is a process that involves an investigation of a business with certain standards of care before consummating a business transaction or major business purchase. Generally, it is a common practice through which a potential acquirer or buyer evaluates a target company or its assets for an acquisition or sale. This process contributes significantly to informed decision-making by enhancing the amount of quality information available to decision makers and by ensuring that the information is systematically correct and used to manner to weigh costs, benefits, and risks. It is a commonly used tool in buying and selling a business, mergers and acquisitions. Due diligence framework is lengthy and intensive in duration because it involves a cross-section of several areas of a business depending on the type of industry it is in. The process can involve audits, financial review, environmental assessments, marketing and production review, management review, employee downsizing and review, information and technology review, corporate governance review, legal and legislative review, background checks, and much more.
NON-COMPETITION AGREEMENTS
Non-Compete Agreements are an element of contract law under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or starting a business, and gain competitive advantage by exploiting confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans. It is important to ensure these agreements are drafted in a manner that they are not over restrictive and deemed unenforceable by courts.
CEASE & DESIST MATTERS
If an individual or business engages in conduct that aggrieves that business, an infringement letter or “demand letter” is a document sent to halt purportedly unlawful activity ("cease") and not take it up again later ("desist"). These letters are the first step required before engaging in litigation.
DOCUMENT/CONTRACT REVIEW
Fantetti Legal will review contracts and other legal documents that a business may need reviewed for explanation, redline review, risk evaluation, and to limit legal exposure. All document review matters include analysis and negotiation (where applicable).
CONFIDENTIALITY AGREEMENTS
This agreement is also called a nondisclosure agreement or NDA. It is a legally binding contract in which a person or business promises to treat specific information as a trade secret and promises not to disclose the secret to others without proper authorization. Confidentiality Agreements are an integral part of numerous business transactions to and necessary to protect important information in the event a business deal does not close.
SHAREHOLDER AGREEMENTS
These agreements address shareholder rights and responsibilities, share ownership, valuation, management of finances, business, assets, capital, and shares, rules for issuing new shares, and restrictions on share transfers. Depending on the corporation and the shareholders, different matters than the aforementioned may apply.
DATA SECURITY MEASURES
The risks associated with data security and cyber breaches continue to grow, impacting a variety of industries worldwide. Cyber criminals have become more creative and their attacks increasingly destructive, targeting organizations of all sizes. These attacks can lead to costly lawsuits as well as first party losses and expenses. It is vital a company understand the legal exposure associated with data security and cyber attacks, and seek the help of legal counsel regarding the type of information that must be protected and may incur liability if the proper steps are not taken by the company.