In the current business climate, companies of all sizes face increased legal, compliance and regulatory challenges. However, many companies are unable to employ in-house counsel to respond to these challenges. Nevertheless, these companies have the need for an experienced business attorney to provide prompt and responsive business, legal and risk assessment advice on day to day issues. Through its outside general counsel services, Erlingson Banks fills this need for many small to mid-sized companies providing these companies the freedom to concentrate on growing and operating their business.

As general counsel to businesses in a wide-range of industries, we advise on issues as diverse as our clients. Our firm is trusted to represent small business owners, national franchises, national retailers, and closely held businesses in a large range of services. For example, we have represented businesses in corporate formation and structuring, mergers, acquisitions, restructuring and reorganization, purchase and sale of stock, purchase and sale of membership interests, land use, employment issues, drafting and negotiation of contracts, and leases. In addition, we keep our clients abreast of the ever-changing application of laws, rules, and regulations in their industry.  We have often consulted with companies regarding solutions to minimize their risk in order to achieve success in their industry.  Below is a list of general counsel and other business services that we provide.



Corporate Governance

  • Serving as registered agent.
  • Entity formation analysis and filings.
  • Periodic corporate or other state or federal filings, fees, etc.
  • Assistance with minute books, preparation of board and shareholder resolutions and attendance at board meetings
  • Review and implementation of corporate governance procedures.
  • Drafting, negotiating, reviewing, and dispute avoidance and resolution with respect to various company documents, including partnership or operating agreements, buyout agreements and bylaws.
  • Counseling officers and directors on fiduciary duties and strategic considerations.

Business Transactions

  • Research and advise clients on responsibilities and discretion with respect to transfer of assets, due diligence reviews, agency wind-down, and amendment or termination of operating agreements
  • Negotiate various business deals including mergers, membership interest purchase agreements, and management agreements
  • Advising on real estate matters, including the purchase and sale of property, drafting and negotiating commercial lease and real estate purchase agreements.

Human Resources/Employment

  • Review, assess and revise employee handbook and other written employment policies relating to human resources, employment law, and wage and payment law.
  • Draft employment, nondisclosure, non-competition, non-solicitation agreements tailored to protect each client’s business and protectable interests.
  • Employee review assistance.
  • Employee performance management, including progressive discipline tracking and assistance
  • Employee separation processing.
  • General labor law compliance.


  • Review of operations, key contracts, vendor relationships, processes, key documents.
  • Drafting, negotiating, reviewing and dispute avoidance and resolution with respect to commercial contracts in the areas of employment, construction, education, vendor, and real estate including.
  • Advise on insurance issues and risk assessment.
  • Drafting, review and modification of privacy policies, terms of use and other internet and information technology matters.
  • Pre-litigation dispute resolution and assistance with collections strategies.
  • Regulatory compliance.


  • Commercial collections.
  • Risk analysis and mitigation strategies.
  • Ongoing advice on the legal implications of business decisions.
  • Monitor current, new and pending state and federal legislation and case law as applicable to our clients and inform them regarding any compliance issues and/or impact that may occur.
  • Draft form documents tailored to the business needs of each client, including construction change order forms, purchase and sale order terms and conditions, privacy policies, etc.


  • General Counsel
  • Risk Management
  • Employment Law
  • Wage and Hour Law
  • Discrimination


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