Business Transactions

Jonathan S. Berck counsels startups, small and medium-size companies in all aspects of their activities, from corporate formation to the drafting of contracts for the company’s day-to-day operations. He provides industry- focused advice to assist in developing strategy and structuring a legal plan tailored to the needs of the business.

Jon often serves as an outside general counsel to his clients, advising on all facets of the client’s operations.

His services cover a wide range of challenges and opportunities that clients encounter throughout the business life-cycle, from formation to mergers and acquisitions, daily operations to protecting intellectual property, drafting finance documents and raising capital, and corporate governance to international ventures. Businesses require legal counsel who not only have broad experience and skills in a wide variety of legal disciplines, but who also have financial and practical business experience.

Jon consults with clients on daily operational issues, such as corporate governance, commercial contracts, human resources, regulatory compliance, IP protection, sales, marketing and distribution, financing and real estate. He also advises clients on strategic initiatives, such as negotiating and consummating mergers and acquisitions, offerings, divestitures, investments, strategic alliances, and international ventures, among others.

He serves as outside general counsel to numerous clients.

Start-ups and entrepreneurs typically need these legal services, which Jon can supply:

  • Entity formation (including choice of entity, corporate governance and capitalization issues)
  • Buy-Sell agreements
  • Non-disclosure and confidentiality agreements
  • Employment agreements (including equity compensation structures)
  • Office leasing
  • Joint ventures
  • Distribution and supply agreements
  • Intellectual Property issues
  • Licensing agreements
  • First-round financing
  • Private placements, or other registration-exempt fundraising
  • Subscription agreements
  • Standard terms and conditions

More mature businesses may need assistance revising existing plans or devising new plans appropriate to their expanding opportunities. For these businesses, Jon provides a full range of services to meet the legal challenges of doing business locally and in the international arena.

These may include:

  • “Due diligence” investigations and evaluation
  • Mergers
  • Acquisitions
  • Corporate compliance
  • Establishment of subsidiaries, holding companies and offshore entities
  • Secured and unsecured lending transactions
  • Project finance
  • Licensing and franchise agreements

International Transactions:

Much of Jon’s experience has been in the international arena, assisting domestic and international clients conducting business across borders. Jon spent many years practicing law in Frankfurt and London for major US law firms and has additional international law experience as an attorney for the International Finance Corporation, the private sector arm of the World Bank Group, and as a professor of International Business Law and International Trade Law at the University of Alabama School of Law. His knowledge of foreign business and legal cultures allows him to efficiently deliver legal services in international matters.

He counsels clients on a broad spectrum of international business and legal questions, including issues peculiar to international deal making, such as the Foreign Corrupt Practices Act, sanctions and international IP. Jon has advised clients in the art, oil and gas, energy delivery, telecommunications and pharmaceutical industries, among others. He has also advised foreign governments in negotiations with private companies, as well as international organizations.

Jon is registered as a solicitor in England and Wales and is also fluent in German.