Mergers & Acquisitions

Phillips Kaiser’s Mergers & Acquisition practice offers an approach to problem-solving our clients describe as holistic and creative. As your General Counsel Service provider, we approach transactional matters with a keen understanding of your business’s history and needs.

We put our more than 55 years of combined legal experience managing high-stakes, complex deals for some of the world’s leading corporations, financial institutions and private equity firms to work and develop innovative structures and approaches for our clients. We will counsel you at every phase of each deal providing pre-merger due diligence, legal transactional support, and post-merger follow-up services.

Intellectual Property

In today’s economy where execution of a great idea can make your company a global player, protecting intellectual property is essential.

Phillips Kaiser has extensive experience with Intellectual Property matters, including patents, copyrights and trademarks. Our experience includes licensing transactions, negotiations, and other forms of agreements, as well as the management of intellectual property assets and contracts for a variety of industries. Our team has also addressed substantive intellectual property licenses, contracts and issues in connection with acquisitions and divestitures. A number of our team members have extensive experience at Fortune 100 technology companies where they have led the analysis and resolution of the full spectrum of intellectual property issues.

We also assists its clients in analyzing whether various activities, business structures and other relationships trigger regulation under various federal, state or local statutes and regulations.

Employment Matters

We understand matters of employment are crucial to your company’s success. Whether your workforce consists a few part-time employees or a growing team, it can be the lifeblood of business but also carry significant responsibility, which is why we provide a broad range of services and plan for the unexpected.

From drafting employee agreements to more complex, workplace investigations, hotline monitoring even written responses to EEOC charges, our experience, and attentive style, provides reliable legal support.

Real Estate

From negotiating a lease to divesting property, we have extensive experience with operational real estate matters. We have also addressed substantive real estate matters in connection with acquisitions and divestitures, including the collateralization of real estate portfolios for financings of acquisitions or divestments.

Our team’s experience extends to finalized outbound, customer licensing and sales forms for a Fortune 100 technology company. We also craft and negotiate energy supply agreements for utility requirements for facilities.

Compliance & Import/Export Control

Phillips Kaiser attorneys have broad experience resolving compliance and import/ export control matters. A fragmented approach to compliance often results in inconsistency and gaps in compliance and import/export controls matters. Through analysis, we can identify weaknesses and opportunities to develop processes and work streams to ensure a robust and unified approach to regulatory compliance and controls.

Our tailored approach includes assessment, policy developments, and management. By establishing controls, we strengthen processes to improve compliance, delivery processes, tools and lower cost resources to lower the cost of managing legal compliance without losing quality.

Contracts

A well drafted contract can be essential to mitigating future liabilities for your company. Our team’s extensive experience and proactive approach serves our clients contractual needs.

Phillips Kaiser’s contract offerings run the gamut from the drafting and negotiation of contracts for entity formation transactions to day-to-day operating agreements, intellectual property, and real estate matters, as well as acquisitions and divestitures. Our streamlined contract process enabling e-signature capabilities serves clients in today’s digital age.

Our customized contract services also proactively track key contract milestones and obligations, assess contract obligations, liabilities and risks and develop processes for the updating, amending, renewing and management of contract terms to address evolving business needs.

Affirmative Recovery Program

Every company can benefit from a structured, systematic program to identify, assess and potentially pursue the legitimate recoupment from third parties of some quantifiable benefit or rights. Those benefits may be realized through cash, settlements, proper services and products, credits, future business considerations, or billing adjustments. Such a program is sometimes called an Affirmative Recoveries Program, and there is no shortage of such opportunities. For example, you may not have a structured process for recouping refunds, replacement products or economic recovery when you have purchased defective products.

An Affirmative Recovery Program is:

• Not a litigation driven program. Litigation is the last resort.
• Recovery with minimal internal resource and at little or no monetary outlay.
• Sensitive to existing customer/supplier relationships.
• Identifying opportunities are always present, keep an open mind.
• Sensitive to ongoing business relationships.
• A low cost way to dramatically impact the bottom-line.

Phillips Kaiser PLLC will help you establish an Affirmative Recoveries Program that is tailored to the nature of your business, transaction types, your place in the supply chain with the company’s suppliers and customers, and your specific company culture. We will structure a Program to identify, assess and potentially pursue legitimate Affirmative Recoveries opportunities that may have otherwise been missed or ignored by you.