Sound business judgments must be made on a multitude of decisions such as:
- Should the business expand into foreign markets, consider a joint-venture with a strategic ally, or reorganize through a spin-off, split-up or consolidation?
- How should the business address management change or Board of Director or shareholder issues (e.g., a deadlocked board, a conflict of interest or interested director transaction, a question of business judgment, or a minority shareholder dispute)?
- How can the business build or strengthen its sales or distribution channels, or change from a distributor/dealer model to an inside sales or sales representative model?
- Should the business explore “off-shore” operations or out-sourcing be explored?
- Does the business face succession planning questions, and should equity be offered to key managers or other employees?
- Is new technology being developed, or is there an opportunity to acquire new technology from outside the company or leverage existing technology or products by licensing to others?
- Does management need assistance in handling employment questions, such as discrimination or harassment inquiries from the EEOC or DFEH, employee incentive compensation alternatives, overtime exemptions, investigations of misconduct, employee raiding or unauthorized disclosure or use of confidential or proprietary information?
Each of these questions involves legal issues and business challenges which our attorneys are adept at helping our clients address. Whether the questions involve Board of Director or shareholder fiduciary obligations, regulatory compliance such as export controls, anti-trust, price discrimination, restraint of trade or unfair competition, implementation of policies and practices designed to protect trade secrets, technology transfers or licensing of intellectual property, foreign state qualification and registration, or employee relations or morale matters, striking a balance between legal compliance and business efficacy can be the difference between success and less desirous outcomes.