Business Management/Law

From small business to large corporations, we provide practical advice
The advisors and attorneys of The Penning Group provide legal services and advice to over 300 business entities -- from entrepreneurs to subsidiaries of large, publicly owned companies. If you are a decision maker for a business entity, large or small, we can help. We provide practical advice on a wide range of issues -- from starting a business to growing your business operations to succession planning -- whether handing the business on to a family member or key employees, or selling it to a third party. We employ a results-oriented approach to assist our firm's business clients in the following areas of expertise:

Buy-Sell Agreements

Services Offered: We assist businesses with multiple owners to analyze and implement a plan that protects the business, its owners, and the owners’ families in the event of any business owner’s death, disability, retirement or cessation of involvement in the business.

As a business owner, you want to know that your bases are covered. A buy-sell agreement allows you to put into writing how the business will continue and under what terms any benefits would be paid in the event of an owner’s death, disability, retirement or cessation of involvement. Without a carefully prepared buy-sell agreement, a business often experiences tumultuous times after the loss of an owner. Privately-owned businesses with multiple owners need to memorialize these terms to ensure that the business will continue to run smoothly.

Computer and Software Law

Services Offered: Assisting clients involved in developing and marketing computer software technology, and also those clients who make use of the technology in their business.

The constant evolution of technology has changed the way that businesses operate. We make it a priority to stay aware of the legal issues resulting from businesses implementing these new processes and procedures.

Contract Negotiation

Services Offered: Negotiating and drafting understandable, enforceable business agreements between clients and their customers, vendors, contractors or other third parties.

We know that details make or break a contract. Our extensive experience in reading the fine print and solving potential contract problems protects our clients and saves them money.

Corporate Start-ups

Services Offered: Identifying and establishing the proper business entity (C corporation, sub-chapter S corporation, limited liability company, etc.) to conduct business, shelter investors from liability and minimize tax implications. Also, handling the numerous filings and reportings necessary for registration with the state and federal governments.

All too often, new business owners cut corners in forming their entities in an attempt to save money. We find that clients who take these shortcuts frequently wind up with negative tax consequences, liability problems and unexpected operational difficulties. Our attorneys are experienced in corporate formation and we will assist you in setting up your company so that your focus can be where it belongs – on your business.

Financing/Matching Investors with Opportunities

Services Offered:
Assisting in obtaining the necessary financing to support business start-ups, expansion and ongoing operations; negotiating security agreements as needed between clients and customers to minimize exposure for credit extended; and helping clients identify and obtain sources of capital.

We have helped clients obtain simple lines of credit, and we have negotiated and obtained capital in excess of $50,000,000. Wherever you fall in that spectrum, we have the contacts and referral sources gained from years of experience in the business industry to help you find the financing you need for your business operations.

Human Resources and Employment Law

Services Offered: Advising clients on hiring, firing and disciplining employees; advising clients on compliance with state and federal wage, hour, and employee benefit laws; and advising clients on compliance with state and federal workplace safety and anti-harassment rules and statutes.

We understand that it takes a dedicated task force to operate your business. It also takes a commitment to a safe and healthy workplace. As a firm, we are prepared to handle a wide range of employment and labor law issues. Let us work with you to minimize liability and efficiently resolve conflicts that may arise from the day-to-day reality of working with people.

Insurance

Services Offered: Assisting clients in risk assessment and procurement of appropriate coverages; managing coverage disputes with carriers; and representing the business interests of insurance agents on the national and local level.

It has been our experience that business owners can often benefit from a better understanding of their chosen insurance. We offer services that open the lines of communication between a client and their insurance representative to ensure that all the parties are on the same page. We understand that risks are a natural part of business, and that’s why we want to make sure that you’re adequately covered for whatever business brings.

Mergers and Acquisitions


Services Offered:
Negotiating and orchestrating the buying and selling of all, or any part of, a business entity.

Sometimes it’s time to make a change. Whether you are simply selling your business, acquiring a new business or working through a highly-complicated recapitalization, we have the experience you want to navigate this often difficult process.

Tax-Exempt Organizations

Services offered: We represent a wide range of nonprofit organizations all the way from inception through dissolution.

Our clients include private foundations, churches, schools and other educational enterprises, charities, counseling agencies, adoption agencies, community organizations, mission groups, and many others. Since our founding, we have enjoyed particular success in helping our nonprofit clients smoothly and successfully navigate the complex waters of the tax-exempt approval process. We also routinely advise our clients on matters unique to nonprofits, such as corporate governance, private inurement, limits on campaign and lobbying activity, and state registration and licensing requirements.

Tax Planning

Services Offered: Devising and implementing tax strategies to minimize tax liability for business entities and their investors; handling necessary tax filings, reportings and returns in conjunction with each client’s accountant.

As a business owner, you have a lot to think about. One thing you might overlook is tax planning, specifically the research and development of tax credits. The Penning Group has the third-party resources to help you analyze and identify possible tax-savings opportunities.

Workouts and Asset Protection

Services Offered: Working with distressed companies to develop and implement solutions short of bankruptcy for retiring outstanding debt, or for liquidating in an orderly and efficient manner.

We believe that bankruptcy is not the only option for a distressed company. In several instances, we have been able to assist clients struggling with difficult financial circumstances in negotiating extended terms with their vendors and suppliers. We have found that many vendors and suppliers prefer working through these types of payment plans and see it as a favorable and more efficient solution than bankruptcy.