BKBH Office

Getting a business off to the right start can be challenging. We’re there to assist business owners as their companies grow, and to help them with the challenges they may face.

Business & Healthcare Law > Business Formation, Transactions & Taxation

Business Attorneys & Commercial Transactions Lawyers & Taxation

We Represent Owners and Companies Throughout the Business Lifecycle

Our attorneys provide new business owners with advice on formation, Montana employment and tax compliance, and state and federal registration and reporting.  Following formation, we assist businesses in addressing legal operational matters, including employment, contracts, licensing, transactions, acquisitions and divestitures, real estate, restructuring, and mergers.  When disputes, investigations, or litigation arise, we represent business clients in seeking prompt and favorable resolution.

Business Formation

The choice of a business entity will impact a number of matters, including taxation, ownership, and potential future financing.  We advise new business owners on these and related matters, so that they can choose the entity that will be best suited for their requirements.

Once an entity choice is determined, we prepare and file the required formation documents, and help businesses get started through board and officer appointments, equity sales to owners, and the transfer of assets to the new business.  We can also assist in obtaining tax and other government ID numbers and registrations if desired, as well as proving advice on other start-up matters, such as compliance with Montana employment and tax laws, and registration and reporting with the appropriate state and federal regulatory agencies. We assist businesses in these matters, as well as matters such as proactively developing employee policy handbooks and other matters to minimize potential litigation risk.

Ongoing Legal Operations, Disputes, and Litigation

Businesses face a variety of legal matters that must be addressed as part of ongoing operations.  These include matters associated with employees, leases, contracts, intellectual property protection, confidentiality and noncompete agreements, licensing arrangements, distribution channels, service and supplier contracts.  and other matters.  We assist businesses with these and other legal matters by providing advice, and (when applicable), drafting documents and negotiating agreements.

When employee, contractor, vendor, or other disputes occur, we advise businesses on their options, and strive to resolve disputes early in the process.  We are also available to represent businesses in mediation, arbitration, workers’ compensation matters, administrative hearings, and, if necessary,  litigation.  Learn more about how we assist when disputes and litigation matters arise.

Transactions, Mergers, and Acquisitions

We have significant experience in the complex legal issues associated with the mergers, acquisitions, or sales of a business.  We assist clients in these matters through advising on transaction form, negotiating with opposing counsel, performing legal due diligence, and preparing the required agreements and schedules.

We also provide legal assistance to businesses by listening to their plans and needs, and then suggesting options for their consideration.  Our advice and counsel covers a diverse range of matters, including reformation and reorganization of the business structure, capital formation, compliance with federal and state securities law requirements, and debt or equity financing.  Our clients include businesses in a wide range of industries, including regulated industries.

Taxation

Our business taxation practice is focused primarily on property tax matters.  When taxing authorities place what our clients believe to be incorrect values on businesses and property, we represent them in seeking to have tax values changed to reflect the appropriate value.  We represent clients in matters concerning property and other business assets, and which are sometimes valued improperly following a purchase or sale or the change in business conditions.

Environmental Compliance

Regardless of whether a transaction involves the purchase, sale, financing of, or construction on real property, environmental compliance is a critical consideration. For ongoing businesses, compliance with federal and state air, water, and solid waste requirements necessitate the involvement of attorneys with expertise in each of these issues, as well as occasionally in matters concerning federal and state superfund laws and regulations.  We offer extensive experience in environmental compliance, remediation, and litigation in assisting business clients with their needs in these areas.

Representing Clients in Regulated Industries

Our clients include businesses involved with regulated industries. We provide a variety of legal and lobbying services, including the filing and pursuit of licensing applications, representation in contested case hearings, and negotiation of the purchase and sale of licenses. We have appeared in a variety of state and federal venues, including the Montana Department of Revenue, Montana Department of Health and Human Services, and the Montana Public Service Commission.

Business Restructuring

As business grow, in some cases they will outlive the original business structure.  Consequently, restructuring is often advisable in order to facilitate new product and service development and distribution, and to respond to developments in state and federal law.  We assist businesses in restructuring to facilitate ongoing growth, financing, and transactions.

Representative Matters

  • Formation and Restructuring
  • Disputes and Litigation
  • Contracts and Employment Matters
  • Property Value Taxation Appeals
  • Legislative and Regulated Industries Representation
  • Environmental Representation

Practice Contacts