Business & Corporate Law
We assist entrepreneurs with start-ups, mergers, acquisitions, employee relations, licensing, disputes, succession planning, and much more.
Business & Corporate Law Attorneys
Business and Corporate Law
Over the years, thousands of entrepreneurs like yourself, running small and large businesses, both for-profit and non-profit, have turned to us to safeguard their legal interests. You know better than anyone how much skill, hard work, and creativity is needed to successfully launch and manage a business. Our attorneys appreciate that effort, and do their utmost to match it with their own professionalism. We also feel a special duty to do our part in boosting the many small businesses that form the backbone of the Holland, Michigan economy and that of the surrounding region.
Cunningham Dalman’s Business & Corporate Law Practice Group is with you in all stages of the business cycle: start-up, purchase, operations, and eventually transition to a sale of the business. Recognizing that business owners need prompt access to our services, we provide high-level solutions efficiently and in a timely manner.
Voted Best Law Firm in Holland
Attorney Articles
Celebrating Our Recognition in the 15th Edition of Best Law Firms®
We’re thrilled to share some exciting news—our firm has been recognized in the 15th edition of Best Law Firms®! This
Celebrating Our Firm’s Recognition in Grand Rapids Top Lawyers 2024!
We’re proud to announce that several of our attorneys—Tom Hillegonds, Rob Howard, Haans Mulder, Susan Vroegop, Ron Vander Veen, Brad
Medicaid Planning Seminar – Nov 2024
Cunningham Dalman will be hosting a Medicaid Planning Seminar on Thursday, November 21, 2024, 5:30-7:00 pm. We’ll cover important topics
Estate Planning Seminar – Oct 2024
Cunningham Dalman will be hosting an Estate Planning Seminar on Thursday, October 24, 2024 from 5:30-7:00 pm. We’ll cover important
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all stages of the business cycle
Business & Corporate Law Services
Business Start-up & Acquisition
Our attorneys can assist with all aspects of your business start-up, merger, or acquisition.
Read moreCorporate Transparency Act
Upon formation and throughout the life of your business, our attorneys can keep you in compliance with the required beneficial ownership disclosures required by the Corporate Transparency Act.
Learn MoreEmployee Relations
Our corporate lawyers are well versed in employee agreements, handbooks, benefits, and more.
employee relationsBusiness Operations
Let our skilled attorneys assist with contracts, regulation, compliance, collections, secured transactions, & more.
Business OperationsIntellectual Property & Licensing
Let our experienced team of attorneys assist you with Trademarks, Copyrights, Trade Secrets, & more.
About LicensingDispute Resolution
Our attorneys represent firms with shareholder disputes, business mediation & arbitration, tax appeals, litigation, & more.
Business DisputesBusiness Transactions
Our attorneys also assist with the process of buying, selling, and succession planning for business owners.
TransactionsProtect Your Business Today!
Know the law. let us keep your business current with the law
planning a start-up or acquisition
Business Start-up & Acquisition
Starting up a new business or acquiring one can be a challenging endeavor and comes with many legal implications. What type of business formation should you choose? What type of licenses, permits, or registrations will you need? Do you need to setup a vesting schedule for founders, early employees, or maybe a shareholder agreement? How will you protect your intellectual property?
Assistance / Important Considerations:
- Due Diligence - One of the final steps in buying or acquiring a business is doing your due diligence. Due diligence is simply ensuring that all of the information provided by the seller is accurate & should be a condition of your offer. We assist buyers & sellers with financial disclosures, business structure, operations, reviewing partnerships / ventures / equipment leases, customer contracts / commitments, outstanding legal disputes, and much more.
- Business Entity / Formation - Our attorneys can assist you in evaluating the structure (Sole Proprietorship, Partnership, LLC, or Corporation) which offers you the best liability protection and the best tax / financial benefits. We can assist in the creation of partnership agreements, operating agreements, and articles of incorporation depending upon the business entity chosen.
- Liquor & Other Licenses - Depending upon the type of business, you may need to acquire business licenses and have yearly compliance requirements. Corporations and LLCs can be challenged in court to show it met all formalities & state requirements.
- Shareholder Agreements - These agreements are simply an arrangement which details for the company's shareholders how the company will be operated and the specific rights & obligations for the shareholders. These agreements will include a date, shares issued, and the percentage of ownership for each shareholder. For start-ups, this clearly identifies the original parties involved and will assist in resolving potential disputes as the company matures.
beneficial ownership disclosures - are you compliant?
Corporate Transparency Act
For all organizations, whether for-profit or not-for-profit, domestic or foreign, the Corporate Transparency Act requires “Reporting Companies” to report certain information about the ultimate individuals who own these organizations. For additional information, please look at our “Learning Center“.
Required Compliance / Issues to Address:
- Reporting Obligations and Exemptions - Your organization has a obligation to report if it meets the definition of a “Reporting Company” and does not qualify for an exemption. It is therefore important to determine whether your organization qualifies as a “Reporting Company” and an exemption upon formation and throughout the organization’s existence.
- Initial Reporting - Upon formation of a domestic Reporting Company, or upon registration to do business by a foreign Reporting Company, an initial reports must be filed with FinCEN disclosing the beneficial ownership of the Reporting Company.
- Ongoing Reporting - During the life of a Reporting Company the beneficial ownership must be continually updated in the event that ownership changes.
- FinCEN Identifier - To alleviate some of the burden of updating previously filed reports, the Corporate Transparency Act allows all beneficial owners to request a FinCEN ID. This is optional bur recommended because updating the beneficial ownership information through a FinCEN ID will update that information for all Reporting Companies in which that individual is a beneficial owner.
- Penalties - All Corporate Transparency Act reports are required be certified as “trust, correct, and complete” and submitting reports that do not meet that threshold can result in civil penalties of up to $500 per day while a violation continues and up to $10,000 per violation and/or imprisonment for up to 2 years.
employee agreements, handbooks, benefits, & more
Employee Relations
For any start-up or established business, it’s important to understand the legal requirements of employee classifications, hiring, firing, payroll, benefits, employee / company handbook, confidentiality agreements, non-competes, and much more.
Specific Services / Assistance Provided:
- Employment Agreements & Handbooks - This outlines the procedures and policies you use to manage your firm. The handbook will layout paid time off, holidays, paid sick leave, parental leave, and any other state or federally mandated laws.
- Employee Benefits - Increased government regulation and costs in today's economic climate can influence your approach to employee benefits. Our firm advises both for-profit & non-profit entities with one or two employees up to corporations with several hundreds of employees. We provide on-going counsel to our clients related to tax, compliance, and changes in the law related to employee benefits.
- Termination & Discharge - Businesses of all sizes should be prepared to have an employee file a lawsuit at some point and the most common is for "wrongful termination". Given the increased chances this will happen at some point, it is best to invest in an employment-practices policy combined with the right level of insurance coverage.
- Non-Compete & Confidentiality Agreements - For business owners, it can be frustrating to protect your company's private information & viability in the market. Our attorneys are well versed in writing non-compete and confidentiality agreements that comply with state law & are enforceable in the courts.
contracts, regulation, & compliance
Business Operations
For many new entrepreneurs and even established businesses, there are a number of legal aspects of the business which benefit from hiring competent counsel. Business contracts, collections, compliance with regulations, and tax laws are just a few of the normal operations any business will endure.
Service Highlights:
- Contract Drafting - Business contracts need to be well written and enforceable in court. Many business owners work without engaging an attorney and underestimate the legal implications which can arise. What happens if a major supplier to your business stops their production? Contracts need to be legally binding and clearly give legal recourse if a contract is not fulfilled.
- Collections - Businesses at some point will encounter clients / customers who fail to pay for products or services rendered. Businesses usually have their own internal collections process but at some point need to consider turning these over to an experienced attorney.
- Secured Transactions - These are loans or purchases that are secured by "collateral". These are common for businesses buying inventory or equipment on credit and the creditor wants to become a secured party. Our attorneys are well versed in "secured transactions" and will assist in negotiating terms which protect your business.
- Regulation & Statute Compliance - Simply stated, regulatory compliance applies when a business follows state, federal, and international laws & regulations specific to their industry. Regulatory compliance examples are Dodd-Frank Act, Payment Card Industry Data Security Standard (PCI DSS), Sarbanes-Oxley Act (SOX), Environmental Protection Agency (EPA), etc. Statutory compliance requirements deal with laws passed by the State of Michigan or the Federal Government.
- Tax Law & Compliance - Business owners have to deal with income taxes, choosing business formations which are most beneficial, and understanding the laws around employment taxes. Our business tax attorneys walk alongside our clients every step of the way, from business creation up until the time you choose to sell.
Protect Your Intellectual Property (IP)
Intellectual Property & Licensing
Intellectual property is critical to any business and includes items such as: copyrights, trade secrets, and trademarks. Having exclusive rights for your business can make your life much easier down the line. Cunningham Dalman has years of experience assisting firms in West Michigan navigate the complicated legal process around Intellectual Property rights.
IP Considerations:
- Trademarks - Communicates to customers that your product or service comes from your business entity. In business, they are viewed as advertising and symbolize the quality your firm puts into every product. Our team can assist with you with the application process and assist in protecting your interests moving forward. In the event someone infringes on your trademark, we can assist with "cease and desist" letters, litigation, and negotiating settlements on your behalf.
- Copyrights - These tend to deal with valuable works of expression and authorship including artwork, logos, website content, business literature, etc.
- Trade Secrets - Protectable trade secrets can be marketing plans, recipes, algorithms, or formulas and tends to be information which cannot be protected as a copyright or trademark.
shareholders, mediation, arbitration, & more
Dispute Resolution
Our Business & Corporate Law practice has extensive experience assisting clients with business disputes such as: contract breaches, partnership disputes, business disagreements, tax appeals, non-competes, and general litigation.
Common Types of Disputes:
- Breach of Contract - One party of an agreement fails to fulfill their part of the agreement and yet the original contract is vague, ambiguous, or unclear. These matters can be negotiated at times for a workable solution of both parties but could become a legal challenge in court.
- Partnership / Shareholder Disputes - Business partners can disagree on the direction of the company, financial compensation, and leadership appointments within a firm. Owners and/or partners can also breach their fiduciary requirements to the business and/or other owners.
- Mediation & Arbitration - Businesses use our services for business mediation and/or arbitration. A mediator is a neutral party who can objectively hear both sides and help negotiate a resolution. Arbitration is similar but both parties agree on a set of individuals who can make decisions which are usually binding for both sides.
purchase, sales, succession planning, & more
Business Transactions
Cunningham Dalman assists businesses in negotiating purchase agreements for both buying and selling. In addition, we work with clients on succession planning steps which are advantageous to all parties. Purchase agreements can become lengthy and have multiple supporting documents such as exhibits, schedules, and amendments.
Common Transactions:
- Purchase and Sale Process / Agreements - Purchase / sale agreements lay out all of the particulars related to the transaction including price, terms, assets, representations of both parties, buyer / seller dispute resolution terms, warranties of the buyer / seller, etc. In addition, supplemental agreements are sometimes required for lease, non-compete language, consulting, and any transitional support required by the parties.
- Succession Planning - For business owners nearing retirement and wanting to ensure a smooth transition to other partners or family members, you should create a "business succession" plan. This plan can be used at retirement or if death or incapacitation occurs.
Business & Corporate FAQ
Most frequent questions and answers
Most entrepreneurs will need legal advice / representation at some point. Remember the saying “an ounce of prevention is worth a pound of cure”. Most business owners aren’t going to be prepared for former employees suing on the grounds of discrimination, state entities investigating your business, contract disputes, etc.
We encourage all businesses to develop a relationship with an experience attorney so when challenges occur, you have someone to call.
- Employment Discrimination / Wrongful Termination
- Discrimination Suits from Outside Parties (Suppliers, Vendors, etc)
- Wage Law Violations
- Torts
- Breach of Contract / Business Disputes
