Business, Corporate & Commercial
We provide wide-ranging business, corporate, and commercial legal advice that will help you structure, manage, and grow your business. Our multidisciplinary group has more than 20 knowledgeable business lawyers who represent a wide range of disciplines: mergers and acquisitions, tax, real estate, estate planning, health care, litigation, labor, and public finance, among others. Many firms provide corporate and business services on a deal-by-deal basis. We work with you as true business counselors as your company progresses from formation, through expansion, to maturity. This holistic approach often provides a better outcome at a lower cost.
Many members of our team are recognized by The Best Lawyers in America and Chambers USA for their skills in their areas of practice, and we have Best Lawyers’ 2009 Little Rock Corporate Lawyer of the Year. We work collaboratively among legal disciplines as your needs dictate, applying practical business knowledge, including advice from lawyers who have been Certified Public Accountants. Our goal is to provide you with solid advice and personal service in the following areas of focus.
Entity formation and tax planning
Choosing the right business entity form to minimize taxes is the foundation of business tax planning, and our tax lawyers are second to none among Arkansas law firms in their ability to advise your company. Lawyers from our firm wrote the Arkansas Limited Liability Company Act (also called the Small Business Entity Tax Pass-Through Act) in the 1990s, and we fully understand how its provisions apply to your business interests. We help you evaluate whether a limited liability company (LLC) or partnership (LLP), an S Corporation, C Corporation, or some other vehicle is the best way for you to meet your growth and financing needs while maximizing tax advantages, then help you create the appropriate management and organizational structure.
You also get current advice on issues involving the Arkansas exemption tax, ad valorem property taxes, and the various intangibles taxes and transfer taxes. We also offer you sophisticated solutions for complex tax challenges in structuring like-kind exchanges, tax-efficient real estate transactions, and tax-free reorganizations. That includes sophisticated variations like reverse like-kind exchanges.
Friday, Eldredge & Clark knows how to structure commercial finance deals. Our lawyers work with lenders, issuers, underwriters, credit enhancers, and servicers on innovative transactions, as well as routine financings where controlling costs is essential. When public or private companies of all sizes look for new financing sources, we help them obtain the capital market access they need. Our lawyers have handled numerous debt and equity financing and are typically involved in every phase of capital raising transactions. We also represent underwriters and placement agents in these financings. If you need commercial debt finance, we will help you secure traditional bank commercial loans, publicly and privately placed debt offerings, and syndicated commercial loans.
If your company is publicly held, or if you want to go public, you have the assurance of knowing that we have assisted many clients of all sizes on a variety of financing transactions involving the public and private capital markets. We make sure that any equity or debt offering is appropriate for your overall capital structure. We can handle all phases of an offering for your company, including preparation of the prospectus, structuring the offering terms, and obtaining clearance from the SEC and other regulatory bodies. We represent underwriters and placement agents as well, assisting with disclosure documents and due diligence preparations.
You can also rely on our assistance with a wide range of private finance transactions. Our relationships with major regional commercial and investment banks, as well as venture capital and private equity investors give us the platform for which to do complex and tax-sensitive financings. No private financing issue is too specialized for us to handle.
Mergers and Acquisitions
We represent buyers and sellers in a variety of mergers, acquisitions, and divestitures. Our lawyers will help you with the structuring, negotiation, documentation, and closing of the deal, using our firm’s full resources for everything from due diligence and tax-efficient deal structures, to financing and antitrust approval, to due diligence of employee benefits and non-compete agreements in the acquired entity. Whether your organization is a multinational corporation, a publicly or privately owned business entity, a not-for-profit organization, or an investment firm, we have handled transactions for companies in a variety of business sectors, including banking, broadcasting, retail, manufacturing, technology and health care.
Our real estate work covers a broad range of transactions, regulatory advice, and litigation—from routine purchase agreements to complicated and sophisticated commercial, corporate, tax, and environmental work. We provide clients with practical advice and creative solutions, whether they are buying, selling, leasing, or operating real property in both Arkansas and multi-state transactions. Whether you are a developer, builder, owner, or lender, you know that each real estate transaction involves its own challenges and opportunities. That’s why our firm has developed a comprehensive, multi-disciplinary real estate practice with the highest ranking from the respected Chambers and Partners USA, which describes us as “a leader for real estate work” with “broad sector expertise.”
Contracts and Commercial Litigation
We work directly with the senior management and in-house counsel of public and private companies to anticipate and prevent problems, manage risks, and eliminate obstacles to growth by ensuring effective drafting and fulfillment of agreements and contracts. That includes licensing and joint venture arrangements, as well as franchising and distribution relationships. When allegations of fraud and misrepresentation create contract problems, depend on our help to identify appropriate responses and remedies. Whether the issue is inaccurate disclosure of financial information, negotiation of terms in bad faith, or theft of trade secrets and infringement of intellectual property rights, you get the full range of remedies available — from resolution under the Uniform Commercial Code to a temporary injunction or pursuit of tort claims through litigation.