It may seem as if attorneys are always in court the next day for dispute resolution and negotiating deals the next. However, that’s not usually the case. In spite of the fact that both corporate lawyers and litigators handle matters involving corporations, they approach the subject differently. When they are in law school or very early in their careers, most lawyers choose which area of law to specialize in. One of the most common practice areas in law is litigation, and another is corporate or transactional law. Conversely, few people understand what corporate law does (even if they overestimate the amount of time corporate attorneys spend in court).
A commercial lawsuit is fundamentally different from a corporate lawsuit. Lawyers who specialize in corporate law craft deals while litigators take over when those deals fail. Alternative dispute resolution methods include arbitration, mediation, and the judicial system.
Lawyers are hired by corporations for a variety of reasons. A business’s legal rights, obligations, and responsibilities are essentially advised. Edmonton corporate lawyers typically provide advice on business structures and evaluate new ventures. They inform companies about their rights, obligations, and responsibilities in the legal system.
Additionally, the company lawyer coordinates with other transactional attorneys, such as those specializing in taxation, ERISA, and real estate to meet the complex needs of their clients.
Corporation Formation, Governance, And Operation
An organization’s legal status is determined by the laws of the state in which it was organized. State laws govern the formation, organization, and dissolution of corporations. The law treats corporations as separate legal entities, with the right to sue and defend themselves. The legal independence of a corporation prevents shareholders from being personally liable for corporate debts.
Corporate legal personalities have perpetual life; an executive’s death (or, in the current climate, corporate discreditation) is not enough to alter the structure of a corporation, even if the stock price falls.
Mergers and Acquisitions
M&A (mergers and acquisitions) is one of the most popular areas of practice for corporations. When a company acquires (buys) or merges with another company, the new company might add properties, facilities, or a brand name. By acquiring or merging a company, you may be able to neutralize a competitor as well. Lawyers who specialize in mergers and acquisitions provide legal guidance. During an evaluation of a potential venture, a corporate lawyer looks at the company’s key assets and liabilities, such as financial statements, employee contracts, real estate holdings, intellectual property assets, and any pending or ongoing litigation.
Capacity to Invest in Ventures
Venture capital attorneys assist clients with private and public financing and deal with the day-to-day affairs of their clients. Among her or his responsibilities are finding funds, organizing the operations of a new business, and maintaining the legal structure and business operations once the business is formed. If a lawyer works with emerging companies, such as in venture capital, he or she aides those companies in expanding. In addition to handling general corporate matters such as drafting articles of incorporation, financing, mergers and acquisitions, and technology licensing, these professionals can formulate business plans. This type of work is less confrontational than M&A because the client is working with others toward a common goal. In some instances, mergers and acquisitions are viewed as a zero-sum game in which both parties must get the best deal regardless of how their future relations may be impacted. An example of this is hostile takeovers.
The Financing of Projects
A There are many different companies involved in building a power plant, oil refinery, industrial plant, pipeline, mine, communication network, and transportation system, with various lawyers assisting them. A special lawyer for these areas is a project finance lawyer.
During the project, the investor establishes a legal entity, such as a corporation or partnership, and the buyer drafts buy-sell and construction agreements, while the seller negotiates financial terms with the lender.
Investing in Corporate Securities
Some corporate lawyers specialize in securities law. A requirement of the Securities Act of 1933 is that firms offering securities for public sale register with the government. Corporations must follow certain protocols when communicating with shareholders and investors, depending on the size of the company and the type of investor. Securities and Exchange Commission must be notified whenever a company’s stock is traded on a public exchange, and part of those reports (the prospectus) is to be distributed to stockholders.
