Business Services

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Business Services

McClanahan Powers is an advanced and experienced business law firm. Our business lawyers use advanced technology, strategies, and techniques to guide and advise our clients. The business legal team works with businesses of all sizes and across any industry. We strive to help our clients improve and to protect and enforce their legal rights. As innovative and accomplished business attorneys, we use our expertise to give our clients the protection and security they need.

Supporting A Businesses General Counsel

Our lawyers spend the time working with a company’s general counsel on a variety of business and industry-specific issues to be certain that the company is taking the necessary precautions and utilizing appropriate safeguards. Our methodology is to try and stop the problem before it begins; however, on the job and in the real world your business team must make decisions in the moment and these can lead to unanticipated problems. If the damage is already done, our attorneys will work with you and your team to assess liability, mitigate damages, protect your rights through litigation if necessary, and work with your team to create a strategy to minimize problems for the future.

Business Legal Analysis

Save money on business costs, legal headaches, and legal fees down the road by establishing a strong foundation for your business. A great way to start is by having a Business Legal Analysis conducted by a skilled business attorney. Whether you’re starting a business, developing a business, or growing a thriving business, it is critical to understand the legal issues, elements, and problem areas surrounding your business and its industry. Many individuals begin their business and continue to operate it with little or no legal support. It is the best business practice to spend a small amount early to create a strong legal foundation to prevent legal claims and issues then it is to pay exponentially more for serious legal problems down the road. A skilled business attorney can assist your business in avoiding these legal and financial pitfalls by ensuring that you and your businesses legal rights are protected and remain protected.

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Virginia Corporate Governance

Corporate governance is a systematic approach to a corporation’s organizational structure, operations, responsibilities, and regulatory affairs. By way of contract and statute, it defines the roles of individual and business participants in a corporation, from employees and shareholders to creditors and regulators. Efficient corporate governance establishes a mechanism for monitoring the actions of these participants and holding them accountable for such actions. It also allows for proper corporate planning to avoid and plan for situations where such participants commit actions that without proper planning may otherwise damage an organization.

Corporations and Limited Liability Companies are regulated by strict government compliance rules. The experienced corporate attorneys at McClanahan Powers work with corporate management to ensure that companies are maintaining proper records, submitting quarterly and annual reports, and remaining compliant with both state and federal law. Corporate governance and government compliance are becoming more and more complex as many corporations and businesses have multiple offices in several states and in many cases, several countries. In addition, it is further complicated when considering factors both internal to the corporation, such as shareholder agreements, corporate bylaws or constitutions, and the parties involved (i.e. officers, stockholders, human resource managers, etc.), as well as external factors, such as consumer groups and government regulations. Due to the complex nature of corporate governance, it is essential to consult with a skilled corporate attorney.

Sarbanes-Oxley Act of 2002

The Sarbanes-Oxley Act is an attempt by the United States federal government to provide financial transparency and threshold requirements in financial corporate governance, specifically for public corporations. Whether an organization is publicly traded or is a private, single shareholder corporation, it is important to consult with a skilled corporate attorney who can walk a corporation’s officers and directors through its federal and state requirements and assist in preparing the right systematic approach for proper corporate governance.

Employment and Labor Practices

Labor and employment law is heavily regulated. There are numerous and overlapping Federal, State, and Local laws that apply. In addition, there are some unique differences that can impact the strategies that our clients may utilize. For example, a federal Title VII discrimination claim requires the employer to have a minimum of 15 employees for an employee to maintain an action against the employer. However, Virginia state statutes require there to only be 6 employees. This can sometimes lead to employers who think that they are not exposed to the federal statutes to behave poorly; unknowingly, exposing themselves to state statutes. Similarly, some local county laws further reduce the requirements. It is worth noting that the differences between the federal, state, and local employment discrimination laws can be significant, including the damages available and statutory filing deadlines.

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Collaborating on Business Agreements and Disputes

Our attorneys apply their legal skills and expertise to assist business clients in determining strategies for handling agreements and disputes. Business savvy, legal training, and a strong understanding of intellectual property as it relates to businesses have made the attorneys at McClanahan Powers detailed and thorough in their evaluation and analysis of business decisions and tactics. We work with businesses of all sizes to plan effectively for future endeavors, on how to approach potential vendor and customer agreements and disputes, and how to focus their business in a complex corporate environment.

Virginia Business Startup Services

The attorneys at McClanahan Powers understand the importance of cash flow to a new business. In an effort to assist new businesses, McClanahan Powers offers a variety of fixed fee business startup packages dependent on the type of business structure, number of owners, long-term goals, business industry, and budget constraints. The startup packages may include such services as:

  • filing the organizational documents
  • drafting internal organizational documents
  • applying for the organization’s tax identification number
  • applying for federal trademark protection
  • serving as the organization’s registered agent
  • and other proprietary services to help create a strong foundation for the business

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Not sure what type of business you should form?

Choosing the best type of business entity structure is extremely important for the purposes of liability protection, ease of ownership transfer, business formalities, and tax considerations. In Virginia, the primary business entity types include the following:

  • Sole Proprietorship
  • Limited Liability Company
  • Corporation (Stock and Non-stock)
  • Partnerships
  • Professional Organizations

Learn more about business entities