Business & Commercial Transactions
Commercial transactions are the backbone of business. Whether providing goods or services, executing vendor agreements, supply contracts, or manufacturing arrangements – commercial transactions are the core of virtually every business’ operations. However, even the most basic of transactions touch upon a combination of legal considerations, such as contracts, intellectual property, corporate law, and tax. Thus competent and diligent legal counsel.
At K&A, we work closely with our clients to develop business strategies and successfully consummate transactions that are fundamental to their core business. We provide a full range of transactional services, including contract negotiation and drafting, counterparty and transactional due diligence, advisory opinions, and counsel on all aspects of the deal-making process. Our firm is industry agnostic, representing individuals and businesses representing public and private companies in a diversity of industries on domestic and cross-border transactions.
We combine deal-making experience with knowledge of State and Federal commercial law to develop effective strategies and creative solutions that consistently exceed the expectations of clients; culminating in a truly unique representation. When it comes to closing the deal, simply put – we get it done.
CONTRACTS & AGREEMENTS
The Devil is in the Details
A well-drafted contract is essential to every transaction. It serves as a memorialization of the parties’ agreement, establishes the terms of their relationship, and often determines the outcome of disputes. No two transactions are the same, which is why each contract we draft is tailored specifically to the individual transaction with precision and attention to detail – to eliminate ambiguity and protect our clients’ interests.
We draft, review, and negotiate:
- Purchase & Sale Agreements
- Licensing Agreements
- Master Service Agreements
- Employment & Consulting Contracts
- Distribution and Reseller Agreements
- Joint Venture Agreements
- Manufacturing Agreements
- Non-Disclosure & Confidentiality Agreements
- and many more…
Protect the Company’s Crown Jewels
Obtaining copyrights, patents, and trademarks is the first step in protecting the business’ intangible assets – however – proper protection transcends registration of assets and requires diligence when engaging in commercial transactions.
Our team works closely with clients to develop licensing strategies that expand their product line and maximize the value of their IP portfolio. Our team counsels clients on licensing-in popular brands to promote product lines, increase recognition, and gain consumer trust. When licensing-out, we prepare narrowly tailored licensing agreements, brand guidelines, and actively monitor third-party use of the IP to preserve goodwill and protect against brand degradation.
COMMERCIAL TRANSACTIONS & DEAL MAKING
Closing The Deal
Our attorneys leverage their experience and transactional know how to structure deals and efficiently execute our clients’ most complex transactions. We assist clients on all stages of the deal-making process; from initial negotiations, through counterparty and transactional due diligence, up to contract drafting and execution. We apply a team-based approach to ensure that all legal considerations receive proper attention, including tax, intellectual property, and regulatory compliance. Regardless of the transaction or counterparty, our clients are always the “A-side.”
Aggressive Offense & Attacking Defense
Not all commercial disputes can be resolved at the negotiation table. We are no strangers to the courtroom. When our clients’ interests are challenged in litigation we respond aggressively – whether on offense or defense. Our attorneys work collaboratively as a team to develop aggressive offensive strategies, and solid defensive. We represent clients in Federal and State court on a range of matters, including traditional claims such as breach of contract and fraud, to more complex matters such as copyright and patent infringement. Litigation may be harrowing for some, but our clients rest easy because they know we work tirelessly to zealously protect their business and personal interests.
- Breach of Contract
- Intellectual Property Infringement
- Partnership Disputes
- Shareholder Actions
- Deceptive Business Practices
- Government Actions
COMPLIANCE & LEGAL ADVISORY
In addition to structuring and negotiating transactions, we provide compliance and legal advisory services. Our attorneys combine legal analysis skills and expert understanding of the Uniform Commercial Code, State and Federal laws to perform contract reviews and advise on enforceability, and provide legal opinions on the legality of transactions.