Business Law Attorneys in South Dakota

We recognize the need and importance of maintaining a cooperative environment to successfully complete business transactions to ensure a positive outcome. We regularly advise clients on issues of business formation, management, and business agreements, including buy/sell, shareholder, and non-compete agreements, along with business succession planning. We have the knowledge and business acumen to create solutions and solve problems that can limit, hinder, or negatively affect our client’s goals. We excel in negotiating transactions and how to aggressively advocate our client’s position to ensure completion of goals with efficiency. 

Business Formation

We assist business owners in the formation of their business entities. We take the time to discuss your business strategies and goals in order to help you create the right legal entity for your business objectives. Some common entities include: corporation formation Subchapter C, corporation formation Subchapter S, limited liability companies, limited liability partnerships, stock and asset purchase agreements, non-compete agreements, dba and fictitious name filings, and independent contractor agreements.

Business Succession Planning

Our lawyers will work with you to develop and guide you through your business succession plan. We will work closely with you to ensure that the business is a smooth and seamless process. 

Mergers & Acquistions

Mergers and Acquisitions are the sale and purchase of business assets, whether it is in the form of stock purchase; an asset purchase; or otherwise. Mergers involve two companies combining or consolidated into one entity. Acquisitions involve one company being sold or purchased by another company. An acquisition commonly occurs through two different types of process: 


• Stock or Membership Purchase Agreement. This occurs when the purchaser acquires the shares or units of membership of a corporation or company. 


• Asset Purchase Agreement. This transaction occurs when a purchaser buys some or all of the assets of a corporation or company, but does not purchase any liabilities of the seller.

Non-Compete, Non-Solicitation, and Confidentiality or Non-Disclosure Agreements

• A non-compete agreement restricts individuals (owners or employees) from engaging in a competitive business within a certain territory for a specific term. 


• A non-solicitation agreement prohibits the soliciting of employees, clients, or customers of another business. 


• A confidentiality or non-disclosure agreement prevents the disclosure of information which may be considered confidential or proprietary belonging to a company including trademarks, names, use of names, or proprietary assets. 


Often these agreements are combined when a business undergoes a merger or acquisition. We have the knowledge, experience, and expertise to navigate our clients through these agreements to ensure they are enforceable according to the laws of the State of South Dakota. 


Disputes

Litigating business disputes can be extremely costly, undermine the business environment and adversely affect the daily business of the company. Business litigation can involve business entities or individuals. Our attorneys have litigation experience that allows us to handle commercial litigation matters. Some areas of business litigation which we have handled include: breach of contract; employment disputes; partnership disputes; shareholder disputes; insurance litigation; corporate fraud / embezzlement; breach of fiduciary duty; business dissolution; and shareholder derivative actions.

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