Business Law
Expert legal assistance in all areas of business law at your service.
Regardless of your situation, at one time or another you may face business challenges that require legal assistance. Lerners has unparalleled experience in working with entrepreneurs and business owners to focus on and achieve their visions.
Business Law
Perhaps you're preparing to launch your business. Maybe you've been running one for several years. You might even be contemplating your exit strategy. Regardless of your situation, at one time or another, you'll probably face business challenges of some sort. And when you do, we're here to help you navigate the law as it relates to your business.
From privacy issues to corporate financing and purchase or sale to corporate restructuring, we've got your back, front and both sides covered.
Combining our unparalleled experience of our Business Law Team with a strong network of independent business professionals, we work with entrepreneurs and business owners to help them focus on and achieve their visions.
Corporate Financing
Every business needs appropriate financing to grow and prosper. From start-up companies to maturing businesses, we have put together financing agreements to meet every client's unique objectives.
Our relationships with lenders - both private and institutional - allow us to find solutions that work for each specific situation.
Purchase and Sale of Business
When businesses change hands, for whatever reason, many different issues must be considered. There are tax implications; employee issues and regulatory concerns just to name a few. For over 80 years, Lerners lawyers have facilitated the smooth execution of many transactions and helped diverse organizations pass the torch seamlessly and efficiently.
When a business is purchased, we closely review and negotiate terms to protect our client. This means anticipating future issues, understanding business needs and putting together agreements that ensure an orderly transition and provide peace of mind.
Computer and Technology Law
Technology has rapidly changed the way business is conducted, giving rise to new and unique types of businesses. This burgeoning hi-tech sector requires its own brand of specialized legal advice. Working closely with clients and companies in this growing area, including new-technology developers, we have gained a deep understanding of what they do, and what they need to continue to advance and grow.
We've even helped write law that has directly affected their businesses because, in many cases, there are no existing precedents. We have assisted organizations that operate locally, nationally and internationally in areas such as:
- software licence distribution agreements;
- outsourcing agreements;
- electronic data interchange agreements;
- web hosting agreements;
- technology, software and database agreements;
- source code escrow agreements; and
- security and privacy policy review.
Our experienced and talented team has specialized training and understands what is important. When required, we draw on all areas of law under the Lerners umbrella to provide the most extensive and comprehensive advice possible.
Incorporation and Business Organization
With all the laws, regulations and necessary forms, incorporating can be a daunting prospect. Many business owners are unsure about whether they need to incorporate or whether they should instead form a partnership or remain sole proprietors.
At Lerners, our Business Law team has helped many individuals and organizations across Southwestern Ontario through this process by providing the best advice for each unique situation. We sit down with the owners and discuss what they want and where they see their company in the future. By listening to our clients, we can provide relevant solutions that address their needs and desires.
In addition, we assist businesses through the incorporation and organizational process by providing assistance with name searches, governmental approvals, by-law assessment and organizational overviews. We make it easy for our clients so they can concentrate on what's really important—their businesses.
Trademarks and Copyrights
You've worked hard to create a unique and innovative brand design (company name, logo and tagline), and now you want to protect it.
At Lerners, we've helped many different organizations register trademarks and copyrights and put together protection strategies to ensure that their hard work is protected and their brand's value maximized. We've seen it all and been instrumental in resolving some of the most difficult cases. We've argued at all levels of the courts and handled numerous complex and multi-jurisdictional cases.
The Business Law Group recognizes the difficult nature of trademark and copyright law. We take the time to understand our clients' present needs and future requirements should their intellectual property change or evolve. Lerners can help any business, from small start-ups to large multinationals, with trademark and copyright protection in the following areas:
- registration of trademarks and copyrights;
- licensing agreements; and
- franchise agreements.
When it comes to trademark and copyright protection, protecting your rights is our first priority.
Insolvency and Bankruptcy
Whether a client is contemplating bankruptcy or is in business dealings with an insolvent organization, we use our considerable expertise to produce a positive result—even if it seems one isn't possible. We have experience with all kinds of creditors' remedies, workouts and renegotiations, as well as an in-depth understanding of proceedings under the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act
Debt Collection
We assist companies - from the smallest to the largest - in all matters concerning debt collection. Should a debt be owed to you, we take quick and forceful steps to seek payment, including court action where necessary. If a business owner is in debt, we can help negotiate a payout plan that will allow that business to remain operational.
We protect the interests of creditors by carefully structuring security and acting quickly and efficiently to collect on that security. We help borrowers organize their affairs to best minimize risks and exposure, and defend themselves against over-aggressive creditors.
Corporate Reorganization
Whatever the reason, most businesses will usually come to a point where change is necessary. For example, a business may consider the purchase of a competing company, or it may have shares in several companies and needs to reorganize its share holdings for tax purposes. At Lerners, we have the people and expertise to implement virtually any restructuring.
We're skilled at recognizing the best way to direct clients through any change efficiently and effectively to ensure future success. As your legal counsel, we're also sensitive to the need for 'business as usual' through the restructuring process. It's important to you and your clients.
Our dedicated team of professionals works with you to select a business reorganization strategy that works for you, and then implements it in the most seamless way possible. Regardless of what form your particular restructuring situation takes, you can rest assured that Lerners has helped others in your situation with great success.
Privacy and Governance
Have you followed all of the regulations outlined in PIPEDA? Does your corporate governance meet all regulatory requirements?
Privacy has become an important issue since implementation of the Personal Information Protection and Electronic Documents Act (PIPEDA) in January 2004. Businesses now have a greater responsibility than ever before to protect the privacy of their customers. They are required to comply with government regulations outlined in the act or face stiff penalties. That's why it's critical to have a legal team that not only understands the law, but also how it applies to your situation.
At Lerners, we have a team of professionals that specializes in compliance. We've lectured on it, written about it and argued on it in the courts. We help you avoid litigation and protect the reputation of your business with these key service areas:
- privacy audits;
- privacy policy development and review;
- chief privacy officer appointment;
- legal risk reviews; and
- directors and officers risk compliance assessments.
Banking and Financial Law
At Lerners, we represent many different lenders in a wide range of credit transactions. We map the changing legal landscape for our banking and financial services clients, and we help them negotiate their way through all phases of lending, from initial commitment to the advancement of funds.
A leader in the field of lending, Lerners provides the expertise required to complete transactions quickly and efficiently. Our broad knowledge includes, but is not limited to, all types of security agreements, priority arrangements, mortgage law and e-registration.
Not-for-Profit and Charitable Organizations
Not-for-profit and charitable organizations have unique and evolving legal challenges. Depending on the type of organization, the community served, and how the operation is run, these challenges call for specialized legal service.
At Lerners, we know how not-for-profit organizations and charities operate, and we understand their issues firsthand. That's because many of our lawyers and staff members work as volunteers and serve on their boards of directors.
Our services go beyond drafting agreements and preparing documents. We not only oversee the start-up of many of these organizations, we continue helping them every step of the way. Our clients include grassroots charities and not-for-profits, public foundations, hospitals, professional associations and community foundations which all count on us for legal guidance in areas such as:
- incorporation and organization;
- communication with the Canada Revenue Agency, including obtaining charitable status;
- amalgamations and joint ventures;
- corporate by-laws;
- charitable review to ensure compliance with legislation;
- policy development; and
- planned giving programs.
Through every part of the journey, Lerners is there, serving not-for-profit and charitable organizations so they may continue their valuable work in our communities.
Professional Corporations
Ontario legislation now permits many professionals to incorporate. The list includes physicians, veterinarians, dentists, physiotherapists and more. While operating through a corporation will not protect you against most liabilities, there can be significant tax and operating benefits.
Lerners can help professionals decide whether or not incorporation makes sense for them. If the decision is to incorporate, Lerners can prepare the incorporation documents and necessary bylaws and resolutions, and also deal with the appropriate governing bodies to create the corporation.
Construction Law
Construction projects, whether large or small, may experience numerous challenges that require timely and practical advice. From project conception to completion and beyond, we provide legal advice on a variety of construction matters. Whether you need to resolve a health and safety issue or a complex delay/acceleration claim, or to simply get paid for work completed, our construction law lawyers have the expertise to ensure our clients achieve the best possible outcome. Equally important is the advice we can offer to avoid problems and prevent disputes before they happen. We act on behalf of general contractors (including some of Canada's largest contractors), subcontractors, material suppliers, owners, and developers. Backed by the expertise of lawyers in related fields such as real estate and land development, business law, and insurance defence, our construction law lawyers are always on firm ground.
We provide legal advice on construction law and construction-related occupational health and safety issues such as:
- negotiation, advice and preparation of all types and forms of contract documentation;
- resolution of all types of contractual disputes;
- labour and material payment bonds
- preparation and registration of construction liens
- vacating of construction liens
- claims analysis
- breach of trust claims
- defending Occupational Health & Safety Act charges
- appealing stop work orders laid by the Ministry of Labour
- due diligence advice
- occupational health and safety policy and manual audits and reviews
If you have questions or seek consultation with a Construction Law lawyer please contact Graham Porter, David Woodward or Ian Shewan.
Infrastructure
Our lawyers have extensive experience with major infrastructure projects and public-private partnership arrangements, having represented our clients in numerous infrastructure ventures. Relevant experience includes acting for contractors, private owners, public bodies and institutions in hospital construction and re-development, public transit, post-secondary education facilities and utilities infrastructure.
If you have questions or seek consultation with a Infrastructure Law lawyer please contact Ian Shewan.
To hire a legal specialist in any of these areas of law, see our Business Lawyers or contact us and we'll be happy to refer you to one.