Entity Formation and Governance

Successful business leaders know the value of trusted legal advisors who can help them to make prudent decisions at critical junctures and on key issues during the life cycle of their enterprises. From the earliest decisions about structuring businesses and business relationships, including employing, benefiting, managing and laying off employees, the financing and strategic management of business affairs, taxable income, and liability risks of all varieties, our lawyers add value and insights borne of deep and diverse experience.

Our lawyers have extensive experience in all aspects of forming and managing business affairs. We assist clients in evaluating factors that bear on which form of entity is the best choice under New Mexico and other law. We are experts at forming limited liability companies, general and limited partnerships, sole proprietorships and corporations of all varieties. Our lawyers also have experience with specialized forms of ventures and other types of relationships that are common in some of the industries to which we provide services, such as professional associations of doctors and lawyers, mining ventures and partnerships, bank branches, franchises and others.

We counsel clients on the federal and state tax implications involved in their choice of entity, as well as in all aspects of federal, state and Indian tax planning. Our lawyers also have in-depth expertise in employee benefits packages and the requirements of the Employee Retirement and Income Security Act (ERISA). For entrepreneurs seeking start-up capital, our lawyers can assist in providing contacts with venture capital providers or “angel” investors and financial lending institutions, and can assist businesses and entities with private equity and public financing options. For both early stage and established businesses we advise and provide comprehensive drafting services in the context of all varieties of contractual relations, shareholder or member relations, director and officer liability, securities, taxation, employment and employee benefits, compensation (including employee stock options) and numerous other issues that arise from time to time.

Our lawyers also assist clients with a full range of business strategy planning, liability management, business transactions, real estate dealings, government contracting, regulatory affairs, and lobbying. Because of the depth of our clientele across broad spectrum of industries and service providers, we often have the luxury of collaborating with our partners who have specialized expertise and experience applicable to particular kinds of clients, which is part of our interdisciplinary approach to serving the needs of various industries and clients.

Finally, we advise and assist clients with mergers and acquisitions, asset sales and purchases, hostile takeover issues, “poison pill” and “golden parachute” strategies, and the design and implementation of due diligence undertakings relating to title, environmental and permitting compliance and status, contract and liability assessments, and other related reviews.