Business

We provide transactional and litigation services including corporate formation, contracts, partnership and shareholder agreements, trademarks and copyrights, labor and employment, confidentiality and non-compete agreements, and mergers and acquisitions. We have extensive trial and appellate experience in both state and federal court that includes arguments before the Illinois Supreme Court.

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Corporate Representation

Forming a Business is More than Applying Online.

Whether you own an existing business or are considering starting one, you undoubtedly have run across the advertisements that you can prepare your own incorporation for a fraction of the cost of an attorney. Sites like these handle the basic articles of incorporation or organization for the business but do not consider everything that your business needs. We have incorporated hundreds of businesses in dozens of industries. For a very cost-effective flat fee, we handle all phases of setting up your business, including obtaining the articles of incorporation/organization, FEIN, sales tax ID (IBTs), and business license, and creating the entire corporate book, including stock certificates, bylaws, operating agreements, and corporate minutes.

We talk with you about the special needs of your business, from questions about employees and independent contractors to decisions about vendor relationships. Each organizational structure, whether a sole proprietorship, partnership, closely held corporation, S-corporation, C-corporation, or an LLC, has different tax consequences and different structural characteristics, and we want to make sure you are fully informed on those differences.

We also set up complicated corporate structures including family limited partnerships, multiclass corporations, series LLCs, and multilayer corporations and LLCs. Finally, we prepare our corporate documents to coincide with your trust and other business succession planning. We provide business organization services for companies in Kane County, DuPage County, and the surrounding areas.

A successful corporate attorney spends the time necessary to understand all aspects of your business. Our attorneys represent diverse businesses ranging from construction contractors, manufacturers, IT service providers, retailers, franchisees, physicians, architects, and schools to name a few. Each business faces different challenges that require a creative legal approach. The lawyers of Law Offices of McLaughlin & Associates, P.C. understand the importance of offering personalized representation for each of their clients.

Mergers & Acquisitions

Taking the Guesswork out of Buying and Selling Your Business

Buying or selling a business is a daunting process. You must negotiate loans and lines of credit with banks and other lenders, purchase or lease real estate, engage in legal and financial due diligence, determine the structure of the sale, and account for the business’ contracts, employees, and other obligations. If your company is merging, selling, or expanding, speak to an attorney at the Law Offices of McLaughlin & Associates, P.C. We represent clients involved in the buying and selling of businesses and draft the initial proposals, bid packages, letters of intent, buy-sell agreements, and master and ancillary transaction documents for businesses throughout Chicago and its suburbs. We are experienced in negotiating and reviewing franchise agreements in a variety of industries.

In addition, our attorneys represent individuals looking to enter into businesses as new partners, shareholders, or investors, or in connection with internal buyouts within the company. We handle all aspects of the transaction, including drafting of asset purchase, stock purchase, and other agreements, coordination of legal, financial, and environmental due diligence, lease and real estate negotiations, employment issues, and lender document review.

We represent diverse businesses ranging from construction contractors, manufacturers, IT service providers, retailers, physicians, architects, and schools to name a few. Each client receives attentive and personalized advice related to the legal and financial issues surrounding the transaction.

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Commercial Real Estate and Leases

Commercial real estate transactions and disputes involve complex documents and a large investment of time and money. When negotiating a commercial lease, sale, or development it is important to have an experienced real estate lawyer represent you during the transaction. We represent our clients in the purchase of commercial real estate for their business or as an investment or rental property in DuPage, Kane, Will, and Kendall Counties. Our attorneys and support staff are knowledgeable in and handle all phases of the closing process. We thoroughly review the contract, perform title insurance work, coordinate the real estate inspection, and ensure that all liens and claims are accounted for at close.

We also handle the titling of the property into LLCs or series LLCs, limited partnerships, holding companies, or trusts, as needed. We prepare and negotiate commercial leases for our clients. Finally, we represent businesses before municipal zoning boards for special use permits and variances.

Should a dispute arise, our attorneys are experienced trial lawyers who can represent you in a wide variety of construction or real estate issues, including lien claims, lease disputes, and construction defect claims.

Franchises

McLaughlin & Associates, P.C. represents franchisees in all phases of the purchase, sale, or transfer of a franchise. Our attorneys review Franchise Disclosure Documents (formerly known as UFOCs), negotiate the franchise agreement and lease, and advise on the formation of the proper entity to acquire the franchise. Franchise agreements include non-compete agreements, marketing and royalty clauses, intellectual property clauses, and other contractual limitations which can impose unexpected burdens for new business owners.

We have represented franchisees in a variety of industries, including learning centers, fast food restaurants, martial arts studios, fitness centers, hair stylists, and business coaching, among others. You can rely on our experience to help you understand the legal and financial requirements imposed by the franchisor to allow you to negotiate the best opportunity possible.

As a DuPage County franchise lawyer, our firm also advises clients on alternative forms of business to franchises, including licensing agreements, distribution agreements, joint ventures, independent broker agreements, marketing agreements, and investor agreements.

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Physician Services

At the Law Offices of McLaughlin & Associates, P.C, we represent physicians in corporate, estate planning, asset protection, and litigation matters.

Our transactional services include advice on the corporate structure, partnership and shareholder agreements, buy-sell agreements, non-compete and confidentiality agreements, professional services agreements with hospitals and ancillary skilled staff, insurance coverage, and licensing issues.

Our litigation services include enforcement of non-compete agreements, insurance coverage disputes, labor and employment disputes, Stark violations, licensing claims, and defamation claims arising through consumer social media sites such as Yelp! and Wellness.com. Our attorneys can also represent your practice in connection with trial or deposition testimony and often serve as personal and corporate counsel to physicians in personal injury and medical malpractice actions.

Our firm also advises physicians on estate planning and asset protection matters. We structure our clients’ estate planning with an eye toward overall asset protection, recognizing the challenges facing two-physician households.

Our services include preparation of revocable and irrevocable trusts, spendthrift trusts, insurance trusts, family limited partnerships, and charitable trusts. We represent physicians in a number of specialties, including family practice, internal medicine, pediatricians, podiatrists, orthopedic surgeons, obstetricians and gynecologists, radiologists, neurologists, optholomologists, plastic surgeons, and oral surgeons. We also represent chiropractors and physical therapists. Please contact the Law Offices of McLaughlin & Associates through this Web site or by calling (630) 230-8434 to discuss your business issues.