Business And Corporate

Berry Moorman represents every form of business entity, including profit and charitable corporations, limited liability companies, the various forms of partnerships, professional firms and sole proprietorships. Our clients are engaged in a broad range of industries including the manufacturing, computer and high technology, securities, finance and retail industries as well as service providers. They include publicly-held companies and family-owned companies and range from start-up entities to large, established enterprises.

We can assist in the selection of the appropriate entity for conducting a business, registering the entity with the required agencies, and complying with international, federal, state and local laws. Our attorneys work with entrepreneurs and CEOs in the creation and operation of their companies, and are often called upon to act as general counsel to companies that do not have staff attorneys. In that capacity, we provide counsel to the management team in strategic planning, labor and personnel issues, financing and technology licensing matters. We regularly consult with both individuals and corporate clients in the negotiation and drafting of employment agreements, stock option and other compensation and benefit plans.

We have extensive experience in negotiating and structuring domestic and international business relationships. For example, we are frequently called upon to negotiate and draft shareholder agreements, financing agreements with banks and other lenders, leases, sales and supply contracts, joint business ventures, distribution and agency contracts, franchise agreements, and a multitude of contracts for specific business transactions.

Our long and varied experience has given us the special skills to negotiate and structure financings, acquisitions, sales, mergers, reorganizations and liquidations. We address regulatory, shareholder, environmental and liability and casualty insurance issues.

We represent a number of state and national banking institutions. We provide counsel to bank management in commercial lending, regulatory compliance, portfolio management and liquidations.

The operation of a business involves a wide variety of issues and challenges. Through our different practice areas, we are prepared to assist our business clients in dealing with:

• Business disputes through civil litigation, creative negotiations and alternative dispute mechanisms;
• Labor and employment law issues;
• Securities and tax matters;
• Compliance with environmental laws and regulations; and
• International business issues.

Civil Litigation And Alternative Dispute Resolution

Litigation is one of the most difficult situations a client must confront. We believe that careful investigation and analysis, together with the effective application of an agreed upon strategy, can make a great difference not only in how a client deals with litigation, but also in its outcome. We have an experienced staff of attorneys and paralegals who represent clients in civil litigation in all state and federal courts. Our attorneys have appeared before the U.S. Supreme Court, the Michigan Supreme Court, the U.S. Tax Court, numerous federal and state courts of appeal and trial courts. We have frequently been in the forefront of changes in the law as part of the vigorous representation of our clients.

A key technique in dealing with conflict is alternative dispute resolution. We are on the leading edge of alternative dispute resolution through the development and implementation of collaborative non-adversarial models of conflict management. We are experienced in arbitration, mediation and conciliation procedures in domestic and international disputes. Using these methods, our attorneys have successfully negotiated complex commercial disputes and have saved our clients hundreds of thousands of dollars in legal fees.

In representing our clients with disputes, our goal is to achieve "win-win" results that meet our clients' business objectives. Of course, not every dispute can be resolved in that fashion and where litigation is the only appropriate way to achieve the result, we provide zealous, aggressive and professional representation.

Our litigation attorneys have special knowledge and experience with the laws and judicial decisions relating to insurance contracts. We represent a number of insurance companies including Aetna, Allstate, Great American Life, Lonestar Life, Loyal American Life, Fortis Benefits, Great-West Life, the Monumental Group of Companies, Professional Claims Managers, the Reliance Group of Companies and Zurich-American.