Commercial

Fox, O’Neill & Shannon (FOS) takes great pride in insuring that its business clients have in place a structure allowing them to safely purchase and sell their products and services. Properly structured commercial arrangements provide the security, collateral and financing necessary for business growth and success.

The firm counsels clients on credit policies, credit agreements, security arrangements, including financing agreements, and remedies for slow paying and uncollected accounts. These services include:

• Preparing terms and conditions which give clients the maximum possible protection in the marketplace
• Enforcing security interests in bankruptcy, including filing claims pursuant to adversary proceedings
• Prosecuting and defending actions, including those concerning alleged bankruptcy preferences and fraudulent conveyances
• Pursuing collection remedies, including foreclosing on secured property and implementing receiverships

FOS counsels companies and individuals involved in credit difficulties. The goal is to obtain as favorable a result as possible in dealing with creditors, without litigation. If litigation is required, the firm’s litigation team will aggressively defend its clients. Typical services include:

• Assisting creditor clients in the defense of bankruptcy preference actions
• Assisting in financial reorganizations and accommodations between debtors and creditors, including with banks and other lenders
• Defending against creditors pursuing illegal or inappropriate collection actions
• Advising clients in, and negotiating agreements related to, financial workouts
• Advising businesses and individual borrowers regarding loan negotiations and loan documentation

Times of economic downturn place particular hardship on businesses. This stress often affects a business’ relationship with its bank. FOS has considerable experience representing businesses in negotiating, and renegotiating, loan terms and documentation with lenders, including banks, finance companies and other lending sources. Care is taken to negotiate terms which allow a business to continue its operations, while placing the least risk possible on its owners.

Even the best run business are periodically faced with the prospect of litigation. FOS makes every effort to resolve disputes without litigation. When litigation is necessary, however, FOS’s business, contract and commercial litigation attorneys work together to develop a litigation strategy, whether at arbitration, mediation or before the state or federal courts. This team approach ensures that FOS’s litigators receive the best information from the firm’s business attorneys regarding the litigation, its risks and opportunities, regardless of the litigation’s complexity.

As part of these activities, FOS’s attorneys are routinely involved in contract issues, including breaches of distributorship and dealership agreements and manufacturing agreements. Other litigation issues include:

• Dissolution of businesses
• Suppliers/customer disputes
• Employment relationships
• Resolution of unpaid debts
• Tax disputes
• Shareholder disputes