Corporate Law, Commercial Litigation and Commercial Transactions
The firm represents business entities engaged in a variety of operations. We possess the experience and skill necessary to render a full range of legal services to our business clients, including:
- Formation of various forms of corporations, partnerships and other legal entities
- Negotiation and documentation of mergers, acquisitions and asset sales/purchases
- Preparation, review and execution of contracts and other documents governing the employer/employee relationship, such as non-compete/non-disclosure agreements, employment policies, employee handbooks and release/separation agreements
- Assist with business start up or expansion issues, such as debt versus equity financing decisions
- Establish both short and long term exit strategies through the use of shareholder restrictions and agreements
- Franchisor and franchisee representation
We also regularly advise clients concerning corporate governance issues, such as the rights and responsibilities of directors, shareholders, members, managers and officers of private entities.
Waltrip & Schmidt regularly handles matters that involve commercial and business litigation. David Waltrip and Frank Schmidt have handled matters that have involved trade mark infringement, breach of contracts, covenants not to compete, employment contracts, business dissolutions, accounting malpractice, tortious interference with business relationship and interference with business expectancy, breach of franchisee and franchisor contracts, creditors rights matters, loan documentation enforcement, intellectual property matters and infringement of licensing agreements.
The firm routinely counsels clients in all kinds of contract and commercial transactions and disputes, including contracts for performance of services, for the purchase, sale or use of goods or property, promissory notes and other commercial instruments, and the enforcement of secured interests and post-judgment remedies (levy, garnishment, and execution).
We are frequently asked to provide advice and guidance to buyers, sellers, landlords and tenants of goods when disputes arise as to quality, price, compliance with specifications, warranties, merchantability or delivery issues.
Examples of commercial transactions and disputes handled by the firm include:
- Negotiation and documentation of financing agreements, debt restructurings, loan workouts and cash collateral arrangements
- Acquisition of assets from financially distressed companies in and out of bankruptcy
- Representation of both secured and unsecured parties in foreclosure and/or bankruptcy proceedings
- Representation of both lenders and borrowers under promissory notes, deeds of trust, security agreements and other types of collateralization documents