New York City Business Lawyer Serving the US
Having a Business Lawyer on your side who has the experience to walk you through a business sale, purchase or other business transaction is vitally important to closing the deal in a favorable position. The Law Office of Martha M. Dwyer assists small and mid-size businesses as well as entrepreneurial individuals throughout the country.
New York Business Lawyer
Obtaining legal services is a vital consideration for anyone in business, but of great importance for small and mid-sized business owners who often face a number of legal hurdles when starting up, acquiring, growing, selling or exiting their companies. Limiting liability, tax structuring, and ensuring compliance with various aspects of law are just a few of the legal issues that small and mid-sized business owners, buyers or sellers may confront. Often, the high costs of employing the services of a competent lawyer turn most business owners away from consulting them early on in the process. However, failure to plan ahead often results in expensive problems in the long term. That can be lucrative for lawyers, but it’s hardly desirable for clients.
Martha M. Dwyer encourages her clients to anticipate such issues. As a trusted and reliable small and mid-sized business lawyer, Martha offers a full range of cost-effective and thorough legal services to businesses owners, sellers and buyers in New York and throughout the country. She possesses over 35 years of experience representing large and small companies, as well as individuals. Her creative and sophisticated approach to legal service has helped many clients successfully deal with sales and purchases of businesses, mergers and acquisitions, business exit strategies, corporate law, commercial and contract law, private equity and finance and establishing and structuring a corporation, an LLC or other business entity.
The Law Office of Martha M. Dwyer regularly teams up with selected attorneys from other firms who are highly experienced in a particular area and have exhibited excellent legal judgment and an understanding of clients’ needs. See what our past clients have to say.
Martha’s Practice Areas
As a trusted legal advisor, Martha Dwyer is adept at listening to her clients and understanding their needs as she guides them towards making the best decisions. She knows what questions to ask about transactions and disputes, and where to get the answers, whether it be from a lawyer with a particular specialty or an accountant or a valuation expert. As an experienced business law attorney, she can provide or obtain sound advice on even the most complicated legal matters. Best of all, she is personally invested in each of her clients, and works very hard to give them the best possible results.
Contact our office today to set up a consultation.
Learn more about Martha M. Dwyer’s practice areas, including
- Sales and Purchases of Businesses
- Mergers & Acquisitions
- Corporate and Transactional Law
- Private Equity & Finance
- Litigation Advice
- Exit Strategies
- Commercial & Contract Law
“She was always very precise on provisions of the many agreements and helped me understand issues and assisted me on prioritizing, worked well with other side, a large company and a large law firm, and quickly gained the respect of both. She was very successful in negotiations and documentation and closing. I honestly can’t imagine how I would have gotten through this without her.”
New York Business Sale Attorney
The sale of a business is not simple. There are many factors to consider when selling a business. The main concerns include the valuation of the business and the risks the buyer may encounter. That means that due diligence is necessary to get to a proper valuation and evaluate risks. You will need to understand your business well enough to know its strengths and weaknesses and what representations, warranties and indemnification you can give. NEARLY EVERY BUSINESS DEAL INVOLVES AN ALLOCATION OF RISK. A seller must be aware of the risks and determine what risks it is willing to assume.
A very important issue is the type of consideration to be paid – cash, stock in the buyer or existing business after sale or a combination of the foregoing.
Once these determinations have been made, it is time to seek potential buyers, obtain offers and evaluate them and negotiate a term sheet or letter of intent, and then a sales contract. When negotiating these documents, you will need to have them drafted or reviewed by an experienced attorney to ensure all of its terms provide you with maximum protection.
Contact Martha Dwyer, a Business Sale Lawyer Today
The Law Office of Martha M. Dwyer is a professional business sale attorney in New York serving the entire United States. Martha Dwyer has been helping clients for years buy and sell businesses in the New York City area and throughout the United States. Martha Dwyer can ensure that all contracts are legal and handle any legal issues that may arise. Contact the Law Office of Martha Dwyer today to schedule your consultation!
Business Purchase Attorney New York
Purchasing a business can be a lucrative business decision for all parties involved. Prospective business owners or those seeking to purchase an existing business should be aware of the processes, procedures, risks and due diligence associated with buying a business.
Martha Dwyer, an experienced business purchase attorney, can guide and advise you through each step of your business purchase. The main concerns include the valuation of the business, its potential to generate revenue, the potential to expand the business and the risks the buyer may encounter. That means that due diligence is necessary to get to a proper valuation and evaluate risks. You will need to understand the business well enough to know its strengths and weaknesses and what representations, warranties and indemnification you will need. NEARLY EVERY BUSINESS DEAL INVOLVES AN ALLOCATION OF RISK. A buyer must be aware of the risks and determine what risks it is willing to assume.
Martha Dwyer can help reduce your risk profile and maximize the benefits of your business purchase.
The buyer will also need to consider whether it wants the seller to be involved in the business after it is purchased, usually through a consulting agreement, and how much it wants to limit the seller’s ability to compete.
A very important issue is the type of consideration to be paid – cash, stock in the buyer or existing business after sale or a combination of the foregoing. In paying cash for a business, whether or not in combination with stock, it is often necessary for the buyer to obtain funds from an outside source (financing). This can be in the form of a loan from a bank or other third party or by obtaining funds from investors in exchange for an ownership interest in the business being purchased, or a combination of the two. Financing can also be obtained for the business being purchased and other business owner by the buyer which can be combined, by merger or otherwise, with the new business.
Once these determinations have been made, it is time to enter into discussions with the seller and sources of financing, if any, negotiate term sheets or letters of intent with the seller and the sources of financing, and then a sales contract and financing agreements. When negotiating these documents, you will need to have them drafted or reviewed by an experienced attorney to ensure all of its terms provide you with maximum protection.
The Law Office of Martha M. Dwyer can help prospective business purchasers and business owners alike successfully to complete their business transactions to bring about satisfactory outcomes for all parties involved in the transaction.
In providing assistance to businesses and business owners, the Law Office of Martha M. Dwyer takes into account not only the current economic climate, but also what lies ahead in regulation, compliance, and management. With a proactive approach to business purchases, Martha can ensure that her clients are well prepared in their present and future business dealings.
Contact the Law Office of Martha M. Dwyer today.
“Marty Dwyer represented me when I sold my main business. I had just parted ways with my previous attorney, who had worked on the sale for over a year. Marty came in and saved the sale over many intense months during the last half of 2018 and early 2019, and after the closing when a significant post-closing adjustment dispute arose. “
Mergers & Acquisitions Firm in New York
Mergers and acquisitions (M&A) encompasses sales and purchases of businesses, many of which are accomplished through various types of merger transactions.
The main concerns in M&A transactions are the same as those discussed above under purchases and sales of businesses.
In the case of the sale of the business the concerns for the seller include the valuation of the business and the risks the seller is willing to assume. That means that due diligence is necessary to get to a proper valuation and evaluate risks. A seller will need to understand the business well enough to know its strengths and weaknesses and what representations, warranties and indemnification the seller can give.
In the case of the purchase of a business, the concerns for the buyer include the valuation of the business, its potential to generate revenue, the potential to expand the business and the risks the buyer may encounter. That means that due diligence is necessary to get to a proper valuation and evaluate risks. The buyer will need to understand the business well enough to know its strengths and weaknesses and what representations, warranties and indemnification the buyer will need. A buyer must be aware of the risks and determine what risks it is willing to assume.
Martha Dwyer can help reduce the buyer’s risk profile and maximize the benefits of your business purchase. See what the clients of the Law Office of Martha M. Dwyer have to say.
A very important issue is the type of consideration to be paid – cash, stock in the buyer or existing business after sale or a combination of the foregoing. Consulting and non-competition matters are also crucial as they determine certain obligations of the seller to the buyer and the ability of the seller to pursue related or new businesses after the closing,
The Law Office of Martha M. Dwyer is proud to be among such attorneys. A business sale, business purchase or mergers and acquisitions law firm, based in New York City, it offers legal service to companies throughout the United States. Contact our office to learn more or schedule a consultation today.
NEARLY EVERY M&A TRANSACTION INVOLVES AN ALLOCATION OF RISK. Having handled a large number of M&A transactions, Martha Dwyer has advised clients and negotiated and drafted documents regarding this matter and can call upon her broad network of tax, accounting, valuation and other consultants to assist.
When purchasing or selling a business, there are countless tasks to accomplish in a short amount of time. The Law Office of Martha M. Dwyer will take on that responsibility. It is Martha Dwyer’s job to protect you from litigation, liability, and legal injury when buying or selling a company.
Contact The Law Office of Martha Dwyer to Discuss Your Transaction
Martha M. Dwyer is an experienced and innovative lawyer who lends her knowledge to businesses through every stage of their transactions. From negotiation to execution, she seeks to ensure that every aspect of the deal is handled well and to the benefit of her clients. Over more than three decades, she has dealt with hundreds of M&A transactions valued from several thousand dollars to billions of dollars – and her methods have been proven to be both efficient and cost-effective.
In each M&A situation, she is guided by her distinctively practical yet holistic approach. She considers her clients’ business needs and how to protect them. It is this integrative and pragmatic strategy that has allowed Martha M. Dwyer to stand out as an effective legal advisor in the field of M&A.
Martha M. Dwyer’s mergers and acquisitions services include the following:
- Determining basic financial and legal parameters of the deal
- Considering business priorities and possible issues and exposure
- Determining, planning, and executing due diligence, including tax and financial analysis and identification of exposure
- Negotiating term sheets and letters of intent
- Negotiating definitive agreements
- Closing the transaction
- Post-close follow-up
If you are starting a company in New York or elsewhere in the United States, the Law Office of Martha M. Dwyer is here to help. Martha will Dwyer advise you as to types of companies, such as limited liability companies and corporations, will prepare and file all the necessary paperwork and make sure you comply with all requirements. Her goal is to give you peace of mind that everything is completed promptly and legally – after all, you have enough to think about when it comes to your new business! If you have any questions or would like to set up a consultation, please contact the Law Office of Martha Dwyer today.
Contact the Law Office of Martha Dwyer Today to Start Your Company
“Whether it is forming a legal structure to start a business, acquiring another business, purchasing real estate, negotiating business contracts, or dealing with a business dispute, Martha receives my strongest recommendation.”
Limited Liability Company Formation
A limited liability company, or LLC, is often the best option for a business that wants to combine the benefits of corporations, partnerships, and sole proprietorships into one business entity. An LLC offers owners liability protection, flexible management structure, and numerous tax advantages. LLCs provide the same limited legal liability as a corporation or partnership but are generally easier and cheaper to form and run than corporations. You can form an LLC to own and run almost any type of business.
The process of starting an LLC in New York is more complex than that of starting a partnership or corporation. The first step is to form an LLC entity, which requires registering your LLC with the New York Department of State. You must also comply with the New York LLC publication requirement, which requires your LLC to publish a notice of the new business entity for six consecutive weeks in two newspapers as assigned by your County Clerk. You must then file a Certificate of Publication, along with Affidavits of Publication, with the New York Department of State within 120 days of your LLC’s formation.
LLCs are governed by their owners and a board of managers or a single manager, which may be another entity. While agreements among owners are not required in New York, they are generally advisable. Issues to address include ownership and types of ownership, voting rights, management, leaving the LLC, selling the LLC and acquiring other businesses.
LLC’s are often formed in Delaware and other states. Delaware has the advantage of having a sophisticated law and a large body of court decisions that address issues that may arise. Other states have many and various advantages.
If you’re ready to start growing and developing your company, the Law Office of Martha Dwyer welcomes you to schedule a consultation today.
Like an LLC, a partnership offers owners liability protection, flexible management structure, and numerous tax advantages. They provide the same limited legal liability as a corporation would but are generally easier and cheaper to form and run. You can form a partnership to own and run almost any type of business.
Partnerships are governed by their owners, the partners, and a general partner, which may be another entity. Forming a partnership in New York requires no filings.
While agreements among partners are not required in New York, they are generally advisable. Issues to address include ownership and types of ownership, voting rights, management, leaving the partnership, selling the partnership and acquiring other businesses.
Partnerships are often formed in Delaware and other states. Delaware has the advantage of having a sophisticated law and a large body of court decisions that address issues that may arise. Other states have many and various advantages.
If you’re ready to start growing and developing your company, the Law Office of Martha Dwyer welcomes you to schedule a consultation today.
A corporation is sometimes the appropriate option for a business. A corporation offers owners liability protection and, depending on circumstances and how the corporation is organized, numerous tax advantages. You can form a corporation to own and run almost any type of business.
The process of starting a corporation in New York is simple. You form a corporation by registering your corporation with the New York Department of State.
Corporations are governed by their owners, the shareholders or stockholders, and a board of directors, which may be another entity.
An agreement among the shareholders or stockholders is not required in any state, but is often useful in determining how a corporation will be governed. Issues to address include ownership and types of ownership (such as classes of stock), voting rights, choosing the board of directors, selling an owner’s shares, selling the corporation, the nature of the corporation’s business and acquiring other businesses.
Corporations are often formed in Delaware and other states. Delaware has the advantage of having a sophisticated law and a large body of court decisions that address issues that may arise. Other states have many various advantages.
While starting a corporation is a fairly simple process when compared to other business entities, an experienced corporate attorney can be instrumental in your journey by making sure everything is filed properly and within the required time. This allows you to focus on growing your business. If you’re ready to start growing and developing your company, the Law Office of Martha Dwyer welcomes you to schedule a consultation today.
Governance pertains to the processes and procedures that direct or control the management of a company, generally involving the shareholders and board of directors of a corporation, the owners and managers of an LLC and the partners and general partner of a partnership.
It can involve agreements among owners, addressing unanticipated issues, addressing disputes and effecting the provisions of the governing agreement.
Business Contracts and Agreements
Business contract lawyers assist in drafting and creating the appropriate contracts involving your business including those described above and many others, such as
employment, and consulting agreements, termination agreements, leases, construction agreements, and agreements providing for the sale of the business or the purchase of another business.
Having a corporate attorney with extensive experience in contract law allows you to protect yourself and your business. Read the testimonials of our past clients here.
Private Equity & Finance
Martha M. Dwyer represents investors, borrowers, and lenders on a wide range of private equity and financing transactions, including the following:
- Start-up financing
- Making equity investments
- Bank loans (secured and unsecured)
Martha M. Dwyer provides legal advice on raising funds for businesses and investment vehicles such as private equity funds, primarily through private placements of securities. Having represented both sides (separately) for many years, she delivers over 35 years of knowledge and experience to help strategize the most suitable means of raising funds for her clients. This includes planning and drafting documents that accurately reflect client goals. She also provides guidance in effectively negotiating transactions.
“She (Martha M. Dwyer) is both creative and meticulous in fulfilling her role. We have continued to employ significant portions of the documents she crafted in six subsequent investment funds, which amount to an additional $2.7 billion of investment commitments.”
Aside from being an experienced transactional lawyer, Martha M. Dwyer also advises clients about avoiding litigation and provides consultative services to lawyers who conduct litigation. For over 35 years, she has been involved many litigation matters, carefully structuring strategy, and contributing her drafting skills to documents and her negotiation skills to effective settlements.
Business Exit Strategies
Any business plan relating to a transaction should include a set of exit strategies, whether the transaction is an acquisition, an investment or a loan, or any other type of transaction.
Exit strategies should be devised for all possible scenarios. For example, a plan can be drawn up to ensure that the transaction can prevent further losses in the event of failure. Another may address when the transaction meets or exceeds the expected returns. The goal is to always be prepared for whatever can reasonably be anticipated.
Developing an exit strategy requires experience and judgment. It requires advice from professionals in many fields who will seek to understand the transaction, the assumptions, and the goals. Martha M. Dwyer has experience in assisting clients in creating exit strategies backed by solid experience in various domains where business and law converge. She is adept at contributing to smart and sustainable business plans.