Corporate Law

AV Rated Memphis Business Attorneys Apply Time-tested Interdisciplinary Process to Deliver Enterprise Solutions

For Over 30 Years, Our Attorneys Have Been Leaders in Non-judicial Resolutions of Complex Business Issues

Magids Cottam PLC considers engagements involving qualifying business enterprises having aggregate obligations exceeding $25 million owed to multiple creditors and/or owned by multiple equity holders.

Why do enterprises seek our assistance?  For over three decades, we have demonstrated skill and efficiency in addressing highly complicated business issues confronting equity owners and their enterprises.  Long before the phrase “alternative dispute resolution” was introduced into the business and legal lexicon, our attorneys developed and applied a process for the resolution of complicated business issues involving multiple parties without resort to the courts.

The process begins with due diligence to determine if a potential engagement satisfies the firm’s requirements.  Even before a formal engagement agreement is executed, our attorneys must make a threshold determination regarding the nature and extent of the problems presented to them.

Once engaged, our attorneys pursue in depth review of the enterprise’s books, records, and other documents to assess the rights and obligations of the various individuals and/or entities having an interest in the enterprise, whether as an equity holder, creditor, lessor, lessee, management, vendors, customers, taxing authorities, other governmental authorities, among others.

We develop options that may be available to address the complexities facing the enterprise.  We assess these options for feasibility and we make recommendations to the enterprise.  Once the enterprise approves a course of action, we assist in obtaining the approval of all parties whose approval to a resolution agreement is required.  This requires skill, finesse and flexibility.  Though we do not have primary drafting responsibility for resolution documents, we review them for conformance with the overall plan.

We have applied our process in the context of disputes among equity holders, between equity holders and management, among fiduciaries and beneficiaries, insolvencies, and, in appropriate cases, divorcing principals, among others.  We have found that all such matters may actually be presented by a single proposed engagement.

In applying our process, our attorneys must consider laws governing corporations, partnerships, limited liability companies, trusts and other entities.  We must coordinate our efforts in an interdisciplinary manner covering contracts, business torts, and secured transactions.  We have considered administrative and regulatory laws affecting an enterprise’s business when appropriate to do so.   We are not bankruptcy lawyers but have a significant appreciation for bankruptcy and insolvency laws that could be implicated during the course of our engagement.

A successful process may take many forms, to wit:  sale or refinance of assets, mergers, consolidations, spin offs, corporate structural changes, recapitalizations that may include contributions of additional equity, management overhaul, discontinuance of business lines, and the like.

We have worked for lending institutions and we know many of the leading lenders serving our enterprise clients.  Of course, we would not accept an engagement if a lender client would be impaired by our work on behalf of an enterprise without full disclosure and appropriate waivers.

Our attorneys have experience with the following transactions, whether or not related to our non-judicial resolution process, including, among others:

  • Plan Development and General Consultation
    • Business Consultancy
    • Compensation Arrangements
    • Insolvency Planning
    • Non-judicial Resolution
  • Entity Organization and Compliance
  • Business Continuity
  • Mergers and Acquisitions
  • Asset Sales, including intellectual property
  • Financing Transactions
  • Reorganizations
  • Equity Holder Disputes
  • Conflict of Interest Transactions
  • Fiduciary Obligations

We have applied our process to enterprises engaged in numerous businesses and industries, among which are the following:

 

  • Real Estate (See Real Estate Services)
  • Construction and Contracting
  • Banking and Financing Enterprises
    • Management Arrangements
  • Leisure and Hospitality
    • Hotels
    • Entertainers
      • Licensing and Intellectual properties
    • Cinemas
    • Entertainment District
    • Import/Export
    • Logistics
    • Furniture and Furnishings
    • Food Services
  • Retail
  • Technology
  • Manufacturing

 

Our AV-rated attorneys are dedicated to the delivery of quality services, adhering to a strict focus on integrity, responsiveness and results satisfying the client’s objectives.

Our attorneys offer big-firm skills and small-firm personal attention and service.

Though we do not guarantee results, we have conducted many resolution processes successfully.

If interested in our approach and problem solving process to address complexities facing your enterprise, contact us