Corporate / Business Law

With years of experience serving as general counsel to the boards and executive officers of corporations and other entities throughout central Illinois, the attorneys at Giffin, Winning, Cohen & Bodewes, P.C. have the legal knowledge and skills to represent business and corporate clients in virtually any type of commercial transaction. 

Our lawyers have extensive experience negotiating and drafting commercial contracts in a number of specialized fields, including banking and securities, family-owned businesses, debtor-creditor relations, bankruptcies, and corporate work-outs.  Our attorneys are proficient in developing operating agreements contemplated by the Illinois Limited Liability Company Act, and in fashioning prenuptial and property settlement agreements, real estate sales contracts, complex leases, franchise agreements, and employment contracts.

BUSINESS FORMATION

When looking to start a business, the decision of which type of entity to form can have a long-lasting impact on future operations, including taxation and liability issues, management and control of daily operations, and transfer of ownership interests.  At Giffin, Winning, our attorneys advise clients on the different entities available to them, such as sole proprietorships, partnerships, corporations, and limited liability companies.  The firm also provides counsel and assistance in other start-up issues, such as employee concerns, accounting issues, state or local licensing, leasing or purchasing real estate, and contracts to purchase stock or business assets.

BUSINESS TAXATION

To provide optimal tax planning for clients, our business consulting practice focuses on both the business and tax aspects of every transaction, including mergers, acquisitions, sales, reorganizations, restructurings, distributions, and financings for both closely-held and publicly-held organizations.  Our business attorneys are well-informed on corporate and partnership taxation, while our tax specialists remain conversant with and involved in the corporate, partnership, and limited liability company practice of law. 

BANKING

Giffin, Winning regularly represents banks and other lending institutions in various contexts.  Through many years of representing banking associations in legislative issues before the Illinois General Assembly, the firm's attorneys have been influential in molding the state's banking laws.  This experience gives our attorneys particular expertise in the areas of mergers and acquisitions, commercial lending, real estate, collections, foreclosures, and management and employment issues.  In addition, the firm has often represented banks in their capacity as trustees or executors.

ERISA & EMPLOYEE BENEFITS

Attorneys at Giffin, Winning represent employers in the design, implementation, and administration of employee benefit plans and deferred compensation arrangements.  Our business-oriented attorneys focus on a practical approach to ERISA and benefits law, and are thoroughly familiar with the increasingly complex array of statutes, regulations, regulatory guidance and case law that governs employee benefit plans.  Our attorneys have specific experience in the following types of matters:

• Qualified and Non-Qualified Retirement Plans
• Employee Stock Ownership Plans, including leveraged ESOPs
• Governmental Plans
• Tax Sheltered Annuities
• Non-Qualified Deferred Compensation Arrangements
• Voluntary Compliance Programs
• Plan Terminations, Plan Mergers, and Plan-to-Plan Transfers
• Employee Welfare Benefit Matters, including group health plans, 125 cafeteria plans and other fringe benefit plans, HIPAA compliance, and COBRA compliance
• ERISA Fiduciary Matters
• Employee Benefits Matters in Business Transactions, including mergers and acquisitions, restructurings, and divestitures
• Representation of clients before the U. S. Department of Labor, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation
• ERISA Reporting and Disclosure Matters
• Executive Compensation and Employment Agreements
• Employee Benefits Matters in Bankruptcies and Reorganizations

While our business litigation attorneys handle a range of claims involving current or former employees, our transactional lawyers also work to reduce the likelihood of these claims arising through proactive review of employment policies designed to lessen the company's potential exposure to liability.

REAL ESTATE

At Giffin, Winning, our attorneys help clients move quickly to a problem-free closing of their real estate transaction.  Whether a property is for sale "by owner" or through a realtor, having an attorney's advice throughout the process can provide the buyer or seller with peace of mind that the transaction will be conducted fairly and in accordance with all applicable laws and regulations.  Our attorneys help clients negotiate and draft the contract, order title work, prepare required disclosures, review loan documents, and conduct other matters required for closing.

Eminent Domain/Condemnation

When the government exercises its authority to take private property or infringe on the private owner's use and enjoyment, our attorneys stand up for the individual or business and make sure the private owner is justly compensated for the public use.

Foreclosures

We represent lenders and homeowners in judicial foreclosure proceedings or negotiating related dealings such as loan modifications, workouts, short sales, and deeds in lieu of foreclosure.

SEEK EXPERIENCED LEGAL REPRESENTATION

Whether you have a brand-new or established business, your company can benefit from our firm's corporate/business law legal services.  Contact Giffin, Winning, Cohen & Bodewes, P.C. to discuss the ways in which our attorneys can help your business grow and succeed.