Gaithersburg Business Law Attorneys

Lawyers for Business Litigation, Transactions, Financing, and More in Gaithersburg, MD

The success of a business is not solely built on innovation, service, or profitability. A solid legal foundation will be needed to ensure that a business can operate successfully and address any issues that may arise. Nearly every decision made by a business owner will carry legal implications, and if the right steps are not followed, a business's long-term success may be affected. A business law attorney can serve as a legal partner, helping to ensure that concerns that could affect a business will be addressed correctly.

At Fox & Moghul, we provide effective legal help for our clients at every stage of a business's life cycle. We can provide guidance on everything from entity formation and business transactions to dispute resolution and litigation. Our layers have been recognized for our legal excellence and our leadership in the field of business law. We have received numerous awards, and we have achieved successful results for many clients in litigation. We are also respected educators, having led seminars and written articles for legal publications that cover topics such as "Top 10 Common Mistakes in Small Business Sales and Purchases" and "LLC Charging Orders and Asset Protection Strategies."

Business Formation and Structuring

Choosing the right legal structure is one of the most important decisions a business owner will make. The entity selected will affect issues such as taxation, liability, control, and the ability to raise capital. Fox & Moghul works closely with entrepreneurs and stakeholders to assess business plans, ownership arrangements, and risk tolerance before recommending an appropriate structure.

Options available during business formation or restructuring include:

• Sole Proprietorship: This may be a simple structure used by single-owner businesses, but it will offer no liability protection.
• General Partnership: A business may be jointly owned by two or more partners, with shared profits, losses, and personal liability.
• Limited Partnership (LP) or Limited Liability Partnership (LLP): Investment ventures or professional practices may use these types of partnership structures to provide liability protection for certain partners.
• Limited Liability Company (LLC): This structure provides liability protection and pass-through taxation, as well as flexible management structures.
• Corporation (C-Corp or S-Corp): These entities may be suitable for businesses that are planning to issue shares, attract investors, or retain earnings. C-Corps are taxed at the entity level, while S-Corps allow for pass-through taxation.

Our attorneys will prepare and file formation documents, draft governance agreements (such as LLC operating agreements or corporate bylaws), and ensure compliance with the applicable business laws. Our goal is to position each client for growth while minimizing their legal risks.

Business Acquisitions and Transactions

Whether acquiring a competitor or expanding operations through a merger, business transactions require careful legal analysis and documentation. Fox & Moghul will provide legal counsel throughout all phases of the business acquisition process. We can assist with:

• Asset Purchases: A business may acquire specific assets of another business, such as inventory, equipment, or intellectual property, while excluding liabilities. This structure can provide flexibility while reducing risks for the buyer.
• Stock Purchases: A business may acquire ownership shares of the target company, resulting in a transfer of all assets, obligations, and liabilities. This approach may be used when continuity of contracts, licenses, or relationships is essential.

Our lawyers will assist clients with due diligence investigations, contract drafting and negotiation, regulatory compliance, and structuring transactions to align with their objectives. Whether representing buyers or sellers, we work to ensure that the terms of the transaction will protect our client's interests while promoting long-term success.

Business Financing and Investment Agreements

Access to capital is essential for growth. Financing arrangements must be carefully reviewed to avoid potential financial or legal consequences. Fox & Moghul advises clients on financing strategies. Our attorneys draft documents that support sound, enforceable agreements. These may include:

• Loan Agreements
• SBA Loans
• Equity Financing Agreements
• Lines of Credit
• Commercial Lease Financing
• Private Investment Terms

We ensure that financing documents clearly define repayment terms, security interests, investor rights, and equity distribution. We also work to mitigate risks by identifying unfair provisions and advising clients on their disclosure obligations.