General Corporate and Other Business Entities
Securities and Finance
Litigation and Dispute Resolution
Mortgage Repurchase and Make Whole Dispute Resolution Between Loan Investors and Loan Originators
Probate and Trust Administration
Transaction and Contract Negotiation and Documentation
The firm’s expertise in the corporate and other business entities area enables it to advise business clients throughout their growth cycles, whether they be for profit or nonprofit corporations, limited liability companies, partnerships, joint ventures, or real estate investment trusts. The firm advises clients concerning all types of general corporate and other business entities issues and prepares legal documents pertinent to its clients’ operations, including organizational documents, non-disclosure agreements, non-competition agreements, technology licenses, technology transfer agreements, marketing and distribution agreements, original equipment manufacturer agreements, equipment and service agreements, buy-sell and shareholder agreements, commercial lending documents, equipment and real property lease agreements, limited liability company agreements, partnership agreements, and joint venture agreements.
In addition, the firm provides advice in negotiating and documenting mergers, acquisitions, divestitures, reorganizations, recapitalizations, joint ventures, and all other types of business transactions. Moreover, the firm also advises its clients concerning employee-related matters, including employment and consulting agreements, independent contractor agreements, employee compensation plans, and stock option and incentive plans.
The firm has handled numerous securities offerings, including initial public offerings, private placements, venture capital financings, secondary equity offerings, offerings of debt securities, and other complex securities transactions. The firm assists its publicly-held clients in all aspects of securities law compliance, including the preparation of periodic reports filed with the U.S. Securities and Exchange Commission, the preparation of proxy solicitation materials and other state and federal securities law compliance matters. The firm also assists clients in proxy contests, tender offers, and other securities matters.
The firm also counsels clients regarding insider trading and Section 16 liability and other specialized securities law matters, including the establishment and adoption of company insider trading policies and Section 16 compliance programs. Furthermore, the firm’s attorneys are skilled in representing mature companies as well as emerging businesses with corporate-backed and venture capital financings and other similar financing transactions.
The firm’s litigation practice includes all types of corporate and commercial litigation. The firm’s attorneys have represented corporate entities, financial institutions, and individual clients in a broad range of matters before the federal and state courts, and agencies such as the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Utah Division of Securities, the Utah Public Service Commission, the Federal Communications Commission (FCC), and the Utah State Tax Commission. The firm’s attorneys have also represented clients in arbitration matters before the American Arbitration Association.
The firm’s attorneys are skilled in litigating disputes relating to business and commercial matters, including contracts, securities, banking, and RICO claims. The firm is experienced in matters pertaining to disputes from loan investors demanding loan repurchases and make whole demands against loan originating companies. Consistent with the firm’s commitment and desire to help facilitate the continued growth and development of its clients, a primary objective of the firm is to obtain for its clients an early and favorable resolution of disputes before expensive and protracted litigation is commenced. If reasonable alternatives to litigation do not exist, however, the firm will provide experienced, effective representation in litigation.
The firm’s attorneys have experience assisting clients with the negotiation and preparation of real estate leases, negotiating and documenting loan commitments and construction and permanent loans for commercial real estate, and dealing with problem loans, loan workouts, forfeitures, and foreclosures. The firm’s practice also includes probate and trust administration.
The number and variety of business transactions requiring negotiation and documentation are extensive. The firm’s attorneys have broad experience in advising clients and drafting contracts and instruments tailor made to specific transactions desired by clients, whether or not it falls within the practice areas described above or is a sale of assets, license, joint venture, employment contract, independent contractor agreement or any number of other possible transactions. Simply put, the firm can assist in helping clients negotiate and document desired and essential terms for their specific transactions.