Corporate
Attorneys at The Knoer Group, PLLC have been involved in corporate structuring, governance, and consulting with business clients for over 25 years. We have helped businesses grow and reorganize, and assisted businesses in dealing with their clients and customers, vendors, and suppliers, as well as regulators.
Choice of Entity
There are many types of business entities, ranging from sole proprietorships to multilayered holding company arrangements with subsidiary entities. A business today can be formed as a corporation, a limited liability company, a partnership, a limited liability partnership, or sole proprietorship. The decision as to the best form of entity for any particular business venture is based on a number of factors, including the means of capitalization, the number of parties, the need to limit or isolate risk, the appropriate complexity based on the business purpose, and others.
At The Knoer Group, PLLC, we help clients determine the best form of entity for themselves.
One of the main reasons clients incorporate or form a separate corporate entity is to protect or limit liability. This can also be accomplished to a great extent through insurance. When a client determines a business venture, it is important to analyze the cost of maintaining a corporate structure versus insurance to protect against risk. If a client is looking to open a business which projects rapid growth and a need for capital quickly, it may be necessary to create a structure which will allow for an expansion of members for purposes of capital infusion.
The corporate governance of business requires that certain documents be filed on a regular basis and that the corporation act indeed as a separate entity from its members. Once a business entity has been formed, we assist clients in maintaining that corporate structure in the proper fashion.
Managed Expectations
It is our belief that a good relationship is one that is forged on trust and “managed expectations.”
Often, individuals enter into a business enterprise, or a business enters into an agreement with another business, and the parties have differing expectations regarding their respective goals and responsibilities.
It is important to establish a clear vision of what the rights and responsibilities of individuals are when forming a business, joining a business, or being employed by a business.
At The Knoer Group, PLLC, we do not consider ourselves to be our client’s “cheerleaders”. We are not here to support everything a client may do and say. We believe that it is our job to provide you with a reasoned legal analysis of the facts as you present them, and of any written or oral agreements that may come to bear. Sometimes we have to tell our clients things they do not want to hear. It is, however, not in our client’s best interest, nor ours, to operate under false assumptions about the strength and weakness of everyone’s position.
We strive to have an open relationship with our clients.
Environmental
What is environmental law?
The term “environmental law” refers to any legal work where the issue at hand will have an environmental impact. An environmental lawyer is a negotiator, a counselor, and an advocate in administrative proceedings, representing plaintiffs’ litigation against municipal action and sometimes defending projects on behalf or clients or municipalities.
Lawyers at The Knoer Group, PLLC have been involved in legal aspects of environmental issues for nearly 30 years. We have been actively involved in representing individuals, corporations, and municipal entities with regard to the remediation of contaminated sites, cost allocation among potentially responsible parties, and petroleum spill clean-up response.
Negotiation and Litigation
We negotiate and, if necessary, litigate on behalf of our clients to obtain insurance coverage for environmental contamination liabilities. We have negotiated for the purchase, remediation, and redevelopment of contaminated properties on behalf of our clients, including identifying and obtaining significant incentives and liability protection through the NYS Brownfield Cleanup Program. We can also assist clients in establishing appropriate corporate structures to help isolate and limit risk related to contaminated properties.
Our Experience
The lawyers at The Knoer Group, PLLC have experience representing the interests of municipal entities in the development process of large projects, as well as representing clients seeking permits and approval for the development of new projects before municipal zoning, planning, and legislative bodies. We have negotiated with both the Army Corps of Engineers and the Department of Environmental Conservation (DEC) on mitigation of wetland impacts and determination of appropriate project boundaries.
Our attorneys have extensive experience in representing municipalities, individuals, and projects sponsors in the land use review process, including the New York State Environmental Quality Review Act (SEQRA) requirements, as well as the National Environmental Policy Act (NEPA) process.
Litigation
Despite everyone’s best efforts, businesses may find themselves in disagreement with their clients, vendors, suppliers, employees, or regulators. At that point, good legal advice pertaining to a business’s rights and responsibilities is crucial in determining the proper course of action.
The purpose of a business is to be profitable, and profitability must be considered in all decisions with regard to legal disputes. If the cost of a dispute will outweigh its benefit, then it is not a smart business decision. Sometimes, individual disputes can represent a larger context, and they should be analyzed with that in mind. All business decisions should be made based on business criteria, including the philosophy and mission of the particular business.