Business Transactions

Business transactional work performed through Schenck, Price, Smith & King's Business Organizations Department is one of the firm's most rapidly expanding practice areas, in terms of both volume and complexity of the transactions handled.

The firm handles asset and stock purchases and sales for all types of parties, from individuals to closely held corporations to Fortune 500 corporations. The transactions may be simple or may concern tens of millions of dollars and the transactions have involved multiple interrelated parties in such diverse industries as health care, telecommunications, broadcasting, manufacturing and even golf courses. The firm handles complex financing transactions on behalf of both lenders and borrowers, and large-scale leasing transactions on behalf of both lessors and lessees. The firm also represents numerous closely-held and public corporations on a wide array of business matters including shareholder and partnership agreements, employment, licensing, leasing and other types of commercial agreements, and the general day-to-day operation of a business.

Our role will vary depending upon the transaction and the purpose for which we have been retained. In a typical asset purchase and sale, we are often involved from the start of negotiations and will advise the client on the structuring of the transaction. In our experience, the underlying agreement is key, because it defines the parties' rights and obligations. Therefore, we work closely with the client from the outset in order to negotiate an agreement that contains the representations, covenants and warranties, contingencies, restrictions and indemnifications necessary to protect the client both pre- and post-closing.

The firm generally employs a team approach to a transaction, with one or more attorneys focused on negotiations and one or more attorneys focused on due diligence and drafting of documents, all reporting regularly to each other to ensure consistency. The firm's business attorneys work closely with other attorneys throughout the firm who have expertise in particular disciplines, especially in the tax, securities, environmental and land use areas. In this way we help clients to anticipate and avoid potential problems.

Because a large segment of the firm's business clients consists of closely held medium-sized corporations, the firm has developed this sensitivity and philosophy: We best serve our clients by facilitating and streamlining a transaction, without unduly complicating it, and without sacrificing quality.

For Additional Information Contact Edward W. Ahart