McClanahan Powers is an advanced and experienced business law firm with exceptional business services. Our business lawyers use advanced technology, strategies, and techniques to guide and advise our clients. The business legal team works with businesses of all sizes and across any industry. We strive to help our clients improve, protect, and enforce their legal rights. As innovative and accomplished business attorneys, we use our expertise to give our clients the protection and security they need.

Our lawyers spend the time working with a company’s general counsel on various business and industry-specific issues to ensure that the company is taking the necessary precautions and utilizing appropriate safeguards. Our methodology is to try and stop the problem before it begins; however, on the job and in the real world, your business team must make decisions at the moment, which can lead to unanticipated problems. If the damage is already done, our attorneys will work with you and your team to assess liability, mitigate damages, protect your rights through litigation if necessary, and work with your team to create a strategy to minimize problems for the future.

Save money on business costs, legal headaches, and legal fees down the road by establishing a solid foundation for your business. A great way to start is by having a Business Legal Analysis conducted by a skilled business attorney. Whether you’re starting a business, developing a business, or growing a thriving business, it is critical to understand the legal issues, elements, and problem areas surrounding your business and its industry. Unfortunately, many individuals begin their business and continue to operate it with little or no legal support. It is the best business practice to spend a small amount early to create a solid legal foundation to prevent legal claims and issues than to pay exponentially more for serious legal problems down the road. A skilled business attorney can assist your business in avoiding these legal and financial pitfalls by ensuring that you and your business’s legal rights are protected and remain protected.

Corporate governance is a systematic approach to a corporation’s organizational structure, operations, responsibilities, and regulatory affairs. By way of contract and statute defines the roles of individual and business participants in a corporation, from employees and shareholders to creditors and regulators. Efficient corporate governance establishes a mechanism for monitoring the actions of these participants and holding them accountable for such actions. It also allows for proper corporate planning to avoid and plan for situations where such participants commit actions that may otherwise damage an organization without appropriate planning.

Strict government compliance rules regulate corporations and Limited Liability Companies. The experienced corporate attorneys at McClanahan Powers work with corporate management to ensure that companies maintain proper records, submit quarterly and annual reports, and remain compliant with state and federal law. Corporate governance and government compliance are becoming more and more complex as many corporations and businesses have multiple offices in several states and, in many cases, in several countries. In addition, it is further complicated when considering factors both internal to the corporation, such as shareholder agreements, corporate bylaws or constitutions, and the parties involved (i.e., officers, stockholders, human resource managers, etc.), as well as external factors, such as consumer groups and government regulations. Due to the complex nature of corporate governance, it is essential to consult with a skilled corporate attorney.

Sarbanes-Oxley Act of 2002
The Sarbanes-Oxley Act is an attempt by the United States federal government to provide financial transparency and threshold requirements in economic corporate governance, specifically for public corporations. Whether an organization is a publicly-traded/private, single shareholder corporation, it is essential to consult with a skilled corporate attorney who can walk a corporation’s officers and directors through its federal and state requirements and assist in preparing the right systematic approach for proper corporate governance.

Labor and employment law is heavily regulated. There are numerous and overlapping Federal, State, and Local laws that apply. In addition, some unique differences can impact the strategies that our clients may utilize. For example, a federal Title VII discrimination claim requires the employer to have a minimum of 15 employees to maintain an action against the employer. However, Virginia state statutes require there only to be six employees. This can sometimes lead employers who think that they are not exposed to federal laws to behave poorly; unknowingly, they reveal themselves to state statutes. Similarly, some local county laws further reduce the requirements. It is worth noting that the differences between the federal, state and local employment discrimination laws can be significant, including the damages available and statutory filing deadlines.

Our attorneys apply their legal skills and expertise to assist business clients in determining strategies for handling agreements and disputes. Business savvy, legal training, and a strong understanding of intellectual property related to businesses have made the attorneys at McClanahan Powers detailed and thorough in their evaluation and analysis of business decisions and tactics. As a result, we work with businesses of all sizes to plan effectively for future endeavors, approach potential vendor and customer agreements and disputes and focus their business in a complex corporate environment.

The attorneys at McClanahan Powers understand the importance of cash flow to a new business. To assist new businesses, McClanahan Powers offers a variety of fixed fee business startup packages dependent on the type of business structure, number of owners, long-term goals, business industry, and budget constraints. The startup packages may include such services as:

• Filing the organizational documents
• Drafting internal organizational documents
• Applying for the organization’s tax identification number
• Applying for federal trademark protection
• Serving as the organization’s registered agent
• Other proprietary services to help create a strong foundation for the business

Choosing the best business entity structure is extremely important for liability protection, ease of ownership transfer, business formalities, and tax considerations. In Virginia, the primary business entity types include the following:

• Sole Proprietorship
• Limited Liability Company
• Corporation (Stock and Non-stock)
• Partnerships
• Professional Organizations