We work closely with our clients and the other side of the transaction to achieve favorable outcomes based on our clients’ goals. We facilitate the process in a manner that ensures a smooth transaction allowing the new owner to effectively transition into the day-to-day operations of the business. As part of our services, we offer the following:
Deal Structure and Strategy | Merger, buy or sale strategy is the means for business owners to exit or grow their businesses. Before moving forward, it is critical that business owners develop a plan for the future and considered their options: merge, sell, be acquired or continue as a stand-alone business. When working with clients, we determine what the owners want to achieve from the transaction since there are many deal structure alternatives to meet the needs of diffferent owners. Agreeing on the purchase price is just the first step. The other negotiated terms of the transaction are key in making everything go smoothly after the transaction closes.
Due Diligence | We help business owners examine financial and performance issues, compensation and governance, and assess the strategic and cultural fit of the potential candidate so the merger or acquisition has the strongest chance of success.
Deal Negotiations and Structuring | We work with business owners to determine a deal structure that best meets their needs. Deal structures vary based on the seller’s objectives, the buyer’s ability to pay for the transaction, and the time of the deal. We work with business owners to structure a deal that gets the best possible outcome based on the parties and the other specific facts of the deal.
Post-Deal Integration | Combining two complex and unique companies requires planning. This part of the transaction is very important and often determines whether or not the deal will be successful. We can offer advice or provide resources for employee issues, compensation, marketing, facilities, staffing and more.
"My experiences with Sheila have all been very good. She is extremely easy to work with, and always makes me feel as though she has my best interest as her main concern. Sheila is very professional and trustworthy with any legal issue. I would recommend her to anyone who needs good business law advice and document preparation."
D. Kurecka, Owner
When starting a business, consider the following:
Type of Entity | Most business owners typically want to have the business separated from their personal finances (also know as “limited liability”), so that the risks inherent with owning and operating a small business are isolated from personal funds. To achieve this, new business owners must choose a type of entity. Depending on the size and nature of the business, the owners could choose to start a corporation or limited liability company, both of which offer limited liability to the owners. At a basic level, limited liability shelters the assets and liabilities of the business with the business and leaves the owners personal lives unaffected. Other entity types include general and limited partnerships, business trusts, and other models which offer differing levels of liability shields. We offer advice on the type of entity that best meets the needs of you and your business.
Who are the Owners | Whether you are a sole owner or will have partners or multiple owners, the parties should all understand their rights as founders. We work with founders to develop a method for buying and selling equity, payment on life events such as death or disability, whether or not founders need to continue to contribute capital and whether or not they will participate in the management of the company. Because of complex issues related to having multiple owners, it is important to have a well-thought out operating agreement, shareholder agreement or buy-sell agreement.
Why it Matters | In recent years, many services allow burgeoning small business owners to start and maintain their business using self-help online programs. While such a method may be an inexpensive and simplistic way to begin a business, slight missteps can create a world of legal trouble in the future, particularly as the business grows and changes. In order to protect yourself when getting started,you consult with Seck & Associates before forming your own business entity. In addition to the corporate formalities required for limited liability, there are significant tax consequences for each entity type.
To make sure that you are choosing the right entity for your business model, and to verify that you have followed all of the necessary steps at formation and into the future, Seck & Associates can make all the difference.
"Sheila is the first attorney I have worked with who put her business hat on FIRST during our conversations and only got the legal hat out when she needed it. The time spent working with her was ten times more valuable than with any other attorney. She focused on what needed to get done and the business objectives first (which is where my time was involved) and then took care of the legal issues. I highly recommend Sheila to anyone who has a business to run and periodically needs legal advice, which is EVERYONE who runs a business!"
J. Shram, President
Our firm understands that technology is core component of many businesses and protection of such technology is essential. We assist clients in the protection of technology whether the technology is sold, licensed or part of a larger transaction such as a merger or acquisition.
Licensing | Companies may grow and leverage their technology and intellectual property by licensing it to third parties. We work with clients to develop sophisiticated licensing arrangements in exchange for royalties and other licensing fees.
Raising capital can be a highly regulated process. We can navigate this process with the following services:
Preparing Entrepreneurs to Raise Capital | Once the friends and family round of financing is exhausted, entrepreneurs may look for capital elsewhere. We work with clients to assist them in assessing how to raise more capital. We help entrepreneurs develop their stories or pitch in speaking to investors.
Private Placement | Upon deciding to raise capital, we assist entrepreneurs in the private placement process including traditional private placement offerings, Rule 144 offerings and Regulation S offerings.
Securities Compliance | We navigate the complex process of raising capital while adhering state and federal securities compliance. We advise clients on how to raise capital and determine which investors are the best fit for the company.
Initial Public Offerings | In addition to our advice and counsel, we work with companies for their initial public offerings. Our experience in taking companies public allows us to help position clients navigate the SEC and other issues arising from going public.
Owning and operating a business can be difficult especially when dealing with customers who don't pay. Our clients entrust us with their collections work because we are committed to personal service and we work to obtain the desired result in a professional manner complying with the Fair Debt Collections Practice Act.
We specialize in:
- Pre-Collection Strategies
- Commercial Collections
- Consumer Collections
- Judgments & Perfections
Our creditor's rights practice utilizes a proprietary software and advanced technology to provide our lawyers and staff an early advantage in the collection process.
Our philosophy is to use a business approach to assess the debtors situation and look for ways to "solve" the problem getting our clients paid in an efficient and timely manner before resulting to litigation.
When litigation is the only viable option to resolve the account, we find local representation to handle filing the suit, obtaining a judgment and execution of that judgment.
Seck & Associates can customize a collection strategy for you. We work on a contingent fee or flat fee basis.
Seck & Associates can assist entrepreneurs with a variety of commercial transactions ranging from starting to selling a company. We understanding the business objectives and then draft customized contracts which include:
- Business Plans
- Consulting Agreements
- Employment Agreements
- Franchising and Licensing
- Noncompetition and Nonsolicitation Agreements
- Security Agreements
- Women and Minority Designations
Customized Contracts | We offer customized employment and consulting agreements, shareholder agreements, buy-sell agreements, noncompetition and nonsolicitation agreements for key employees, license agreements, vendor and supplier contracts and many other types of agreements that most small businesses need as their companies grow and change.
"Sheila has done work for our firm, as well as handled issues for multiple clients. I have found her more in touch with the needs of the client and good communication than she is with adding up billable hours. I love her consistency and efficiency."
S. Guerin, Owner
We work closely with our clients on venture capital financing, capital restructuring, commercial lending and cash flow lending. We work to understand our client's business objectives and connect them to the appropriate financial capital markets. As part of our services, we offer the following:
Venture Capital Financing | Once a business owner has exhausted the friends and family round of financing, we help entrepreneurs prepare for and establish relationships with investors best suited for the company.
Capital Restructuring | In the event of a change in your business such as preparing for growth, we work with investors and financing institutions to restructure or reorganize your capital.
Commercial Lending | We navigate commercial lending for clients by working with several bankers in the region. We have expertise in traditional commercial lending as well as SBA lending.
We assist our clients in developing and implementing strategies to protect intellectual property. Intellectual property takes various forms depending on the type of work involved. At Seck & Associates, we provide intellectual property services in the following areas:
Trademarks | Trademarks allow companies to protect their brand by trademarking a product or service. This form of intellectual property also promotes brand awareness. We are experienced in filing trademarks with the U.S. Patent and Trademark office.
Licensing | Business owners with trademarks, patents or other intellectual property may consider licensing out such assets to third parties. We develop strategies and agreements to license out such assets that protects the business owner's intellectual property and provides a revenue stream.
In addition to our legal services, we work with clients to grow and scale their companies through our consulting services. We offer the following consulting services:
Business Plans | Seck & Associates can prepare and review business plans. Based on our experience working with business owners and investors, we assist you to craft your business plan to fit with your future goals of your business and position you to attract capital.
Corporate Strategy | Developing a strategic plan can align the efforts of your work force by giving employees a clear vision and enforce the culture of the company. We can help develop a plan that clarifies your company's vision and provides accountability to reach company goals.
Valuations | Establishing the value of a company or business division is important to determine the areas of value within the company. Valuations are often useful in buy-sell situations to provide clarity among the parties to the transaction.