Advising the Closely Held or Family Business
July 2008
Advising the Closely Held or Family Business
Co-sponsored by the Privately Held Business Subsection of the CBA Business Law Section
This program will show you how to handle the most common issues that attorneys face when assisting a client who has an ownership interest in a closely held or family business. From the basics of buy-sell agreements, to divorce issues that affect your client's business, to the selling of the business, this program will get you up to speed on the core issues you are most likely to see come across your desk. As an added bonus, a full CLE credit hour of ethics material is included in the program! The program includes a buffet-style lunch for all attendees. Enjoy a meal between the morning and afternoon sessions while networking with your colleagues! The members of our experienced faculty hail from a wide range of legal disciplines, including business, trust and estate, employment, and family law practices. Attend this practical, no-nonsense, full-day program and put your new closely held and family business law knowledge to work in your practice immediately.
What You Will Learn:
- Mini-review of Buy-Sell Agreements
- Employment Law Issues that Affect Closely Held Businesses and Family Businesses
- How to Sell a Closely Held or Family Business
- Issues that Arise Upon the Death of a Majority Owner in a Closely Held or Family Business
- Ethical Considerations When Advising the Closely Held or Family Business
- Divorce and the Closely Held or Family Business
Who Should Attend:
- Business Attorneys
- Tax Attorneys
- Trust & Estate Attorneys
- Real Estate Attorneys
- General Practitioners
- Corporate Counsel
- In-house Counsel
- Business Owners and Managers
- Anyone Who Needs Guidance on the
- Most Common Legal Issues Affecting Closely Held or Family Businesses!
Agenda
8:30 – 9:00 a.m.
Registration
9:00 – 9:05 a.m.
Welcome and Introduction
Extended by Brock R. Wood, Esq., CBA-CLE Program Attorney
9:05 – 10:00 a.m.
Mini-review of Buy-Sell Agreements
- What buy-sell agreements are and how to use them
- How to structure the buy-out
- Income tax implications of a chosen structure - depends on the type of entity involved
- Essential terms to a buy-sell agreement
- Other considerations: control issues; restrictions on competition, solicitation and violation of business confidences; retrieval of personal property
Presented by Scott P. Greiner, LL.M.
10:00 – 10:55 a.m.
Employment Law Issues that Affect Closely Held and Family Businesses
- Personnel handbooks
- Employees versus independent contractors
- Employment agreements, including non-compete agreements
- Minimizing exposure to sexual harassment and discrimination claims
- Termination of employees
Presented by Jill A. Zender, Esq.
10:55 – 11:10 a.m.
Break
11:10 a.m. - 12:05 p.m.
Selling the Business
- Difference between selling a “going concern” and selling just real estate and⁄or other assets
- Valuation of the business for sale
- Transfer of assets
- Sale of stock
- Sale to a third party
- Management buy-out
- Financing the transaction
Presented by Fern O'Brien, Esq.
12:05 – 1:05 p.m.
Lunch
A buffet-style lunch consisting of sandwiches, salad, pasta, pizza or similar fare will be served. There is no additional cost for the luncheon. There will be no luncheon presentation - please enjoy your lunch and the opportunity to network with your colleagues!
Lunch provided compliments of CBA-CLE and the Privately Held Businesses Subsection of the CBA Business Law Section.
1:05 – 2:00 p.m.
Issues that Arise Upon the Death of a Majority Owner in a Closely Held or Family Business
- How to plan for the succession in management before death
- How to prepare for liquidity issues that may arise upon death
- Availing the majority owner's estate of the extension of time to pay the estate tax (up to 14 years) for closely held business
Presented by Randi M. Grassgreen, Esq.
2:00 – 2:55 p.m.
Divorce and the Closely Held or Family Business
- What happens when a business asset becomes a marital asset?
- Securing day-to-day control of the business
- Preserving corporate opportunities
- Business valuation under the UDMA
- Cashing out the other spouse
- Income assignments and child support garnishments
- Premarital agreements as a business planning device
Presented by Robert J. Bricmont, Jr., Esq.
2:55 – 3:10 p.m.
Break
3:10 – 4:05 p.m.
Ethics, the Closely Held⁄Family Business, and The People⁄Entities Orbiting the Business and its Owners
- Who are the clients?
- Multiple clients and other people⁄entities in orbit around the client
- Conflicts of interest and waiver of conflicts
- Lawyer as decider, advisor, negotiator, and facilitator
- Cooperation and competition with other professionals
- Privilege and confidentiality
Presented by John DeBruyn, Esq.
4:05 p.m.
Adjourn
Faculty
Robert J. Bricmont, Jr., Esq.
The Bricmont Law Firm, PC
Denver, CO
John DeBruyn, Esq.
DeBruyn Law Offi ces
Denver, CO
Randi M. Grassgreen, Esq.
Gelt & Grassgreen, PC
Denver, CO
Scott P. Greiner, LL.M.
Moye White LLP
Denver, CO
Fern O'Brien, Esq.
O'Brien & Zender, PC
Boulder, CO
Jill A. Zender, Esq.
O'Brien & Zender, PC
Boulder, CO
Video Replays: July 30, 2008
Denver: CLE Classroom, 1900 Grant Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| $279.00 | |
| CBA | $239.00 |
| CORP | $209.00 |
| TAX | $209.00 |
| TRUST | $209.00 |
| REALES | $209.00 |
| SO/SM | $209.00 |
| $199.00 | |
| $199.00 |
- General Credits: 7.00
- Ethics Credits: 1.00
- EDI Credits:
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