Business Practice
Extensive experience with companies and organizations across the United States, Wisener Nunnally Higgins, LLP provides a personal level of attention to our business and professional clients.
Our practice can assist in all facets of operations from transactions, including the formation and management of business entities to day-to-day management and through complex litigation situations.
Business Litigation
Disputes are inevitable.
When they occur, there is no reason that you cannot be prepared to address the problem without a major disruption to your daily activities. While the firm can assist you in preparing your business to avoid disputes as much as possible, it can also assist you in resolving disputes. Our firm has significant and substantial experience in resolving business disputes both through the litigation process and through alternative dispute resolution, including negotiation, mediation and arbitration.
Before courts and tribunals of all types across the United States the lawyers at the firm have first hand experience in crafting the arguments and positions that are necessary to address the problems presented to your business, and obtaining satisfactory results for the clients.
Typical disputes in which the firm’s lawyers have been involved have ranged from evictions in the Justice of the Peace Court to presentations to the United States Supreme Court on complex constitutional and federalism issues. With the experience of running their own business and counseling others in business, the lawyers at the firm have a clear understanding of the importance of your business to you, and the need to minimize the disruption that disputes bring to the bottom line.
In dealing with your problem and in valuing our services, the firm recognizes the importance of value and consistently strives to efficiently approach your problem. We remember at all times that we are the client’s lawyer and advocate; not merely a component in a drawn-out process. We are able to develop creative approaches both in addressing your problem and valuing our service to you.
Teaming together, we work to achieve a result that is best for your business.
Business Planning
The maxim “failing to plan is planning to fail” applies to business planning and operation.
A number of business enterprises fail because of poor — and in some cases no — planning. The attorneys at Wisener Nunnally Higgins, LLP have experience in business planning at all stages of the business cycle, from formation to restructuring to termination.
Our expertise and services offerings help with:
Forming a corporation, a limited liability company (LLC) or a limited liability partnership (LLP);
Annual corporate filings, annual minutes and revision of by-laws and operating agreements;
Assistance with restructuring and corporate transactions;
Mergers and corporate transactions;
Terminating entities;
Purchase and sale of a business or its assets; and
Advice regarding corporate transactions and other commercial issues.
We can help you in the startup phase and ongoing operation of your business.
Although lawyers are frequently given the task of solving problems through litigation, we seek to help our business clients to prevent disputes before they occur. We help our clients achieve this goal by assisting them in planning and documenting properly their business transactions.
he attorneys at Wisener Nunnally Higgins, LLP have assisted clients in a diverse range of business and transactional settings, ranging from corporate formation, trademark matters, and drafting employee handbooks and stock option plans to rehabilitation plans for multi-billion dollar companies.
Whether the problem is large or small, we seek to assist our clients in solving business problems through proper planning or remediation before the business problems take on a life of their own.
Real Estate
The attorneys at Wisener Nunnally Higgins, LLP have experience in both the litigation and transactional side of real estate law.
Our firm has successfully litigated real estate cases ranging from straightforward landlord/tenant disputes to complex contract matters involving the the sale of luxury hotels and other commercial buildings. On the transactional side, we have assisted both commercial and individual clients with virtually every aspect of real estate transactions, including the following:
Commercial and residential real estate sale contracts and leases – including retail, grocery, office parks, industrial, and multi-family
Commercial real estate deals for insurance company receivership estates (including drafting court approval applications and related documents)
Real estate finance, including seller financed and bank financed transactions
Insurance & ERISA
Our attorneys have substantial experience in matters arising from the rehabilitation and liquidation of troubled insurance companies.
Our firm has handled numerous cases dealing with the issues arising from these proceedings, including:
Extensive representation of state regulators in their capacity as receivers of insurance companies;
Handling litigation against personnel who cause or contribute to failures, including director and officer litigation, litigation against accountants and litigation against third party administrators;
Extensive representation of insurance rehabilitators and liquidators in premium balance litigation against agents and insureds;
Extensive experience in addressing proofs of claims by insureds, including complex coverage issues such as environmental and toxic tort coverage issues; and
Extensive representation of liquidators and rehabilitators in reinsurance disputes and litigation.
Bankruptcy litigation related to insurance company insolvencies; and
Stay litigation to enforce the stay against a liquidator or rehabilitator.
Though most of our work in this field has been in representing liquidators and rehabilitators, we also have assisted policyholders, guaranty associations and other interests when appropriate in insurance company insolvency matters.
We have handled virtually every phase of insurance company insolvency, from the most routine day to day insolvency management matters to the drafting and effectuation of complex insurance company restructuring plans.
Wisener Nunnally Higgins, LLP offers its clients assistance with sophisticated (and simple) insurance problems, involving both solvent and insolvent insurance companies and agencies. In the insolvency field, clients frequently are bewildered by the fog of statutes and regulations applicable to such matters. We seek to help dispel the fog.
Our insurance work is not confined to insolvency matters. We also handle:
Policy coverage and litigation issues between insureds and insurers;
ERISA health claim coverage and litigation issues; and
Insurance claims litigation.
We have substantial experience in dealing with insurance and ERISA disputes.