Corporate & Commercial

Corporate-commercial law covers the spectrum of all a business’s customary legal issues. Corporate law broadly refers to legal issues in running your business, from the initial formation, governance, financing and org structure, regulatory and tax compliance, to its employment relationships. Commercial law captures a business’s relationship with the outside world, contractually or otherwise, including its engagement with customers, suppliers, lenders, debtors and other stakeholders.

The boundaries between these two areas can blur, and they typically involve lawyers specializing in niche areas, such as tax, banking, employment, intellectual property and competition, among many other subject areas.

Gusto Law’s service model contemplates that the overwhelming majority of a business’s legal needs can be satisfied by Gusto at a fraction of the cost of traditional law firms. For times when a mandate requires specialist support, Gus Lu can triage the subject-matter experts with whom he has worked with in the past, in his capacity as general counsel. These lawyers are hand-picked based on their billable hour rates, prior experience and availability. This often translates to lower overall costs when a business sips, rather than gulps, an expert’s time.

Here is a brief sample of some of Gusto Law’s corporate legal services:

• Board governance and corporate secretary matters: Gusto can assist businesses in their initial formation and corporate maintenance, including filing compliance, equity transfers, shareholder communications, annual general meetings, board and members’ resolutions and meetings, minute book maintenance, and day-today company administration.
• Employee-employer relations: Advising on employment and executive agreements, lay-offs and terminations, drug & alcohol issues, harassment claims, whistleblower complaints, and progressive discipline.
• Policy development: Advising the development of internal and external policies, including with respect to privacy, workplace violence and harassment, codes of conduct, employee handbooks, anti-money laundering, conflicts of interest, and more.
• Preparing a company for sale: Preparation for either an asset or equity-based sale of a business unit, or an entire entity, including the necessary pre-planning, cleaning up loose ends, due diligence preparation, and drafting of definitive agreements.

In the commercial space, Gusto Law has ample experience in drafting and negotiating a wide variety of agreements. Here is a brief list of some of the most common ones:

• M&A related purchase and sale agreements: Gusto has advised both buyers and sellers side on domestic and cross-border dispositions of operating business units and in equity acquisitions.
• Agreements for the supply of goods and services: Gusto Law has prepared and negotiated a variety of agreements and terms and conditions intended for a broad range of intended readers, from layperson retail customers to sophisticated blue chip majors. Some of these agreements include take-or-pay agreements, spot sales agreements, transportation agreements, and master services agreements.
• Equipment procurement and project management: Gusto Law has acted for clients purchasing and selling equipment and services for major capital projects, including EPCCs for LNG terminals and liquefaction facilities, the multi-year fabrication of long-lead components and in the coordination of RPP and RFQ processes.
• Leases and land sales: Gusto Law has represented landlords and tenants on commercial, industrial and agricultural real estate purchases and leases, including negotiating options, rights-of-way and licenses.
• Joint venture agreements: Gusto Law has assisted multiple clients in joining forces with industry peers on new ventures, including the joint operation of shared assets, product marketing and development, and licensing opportunities.

Gusto Law believes in making the “technical” more “approachable”. In all matters, Gusto Law will focus on practical implications, and help translate legal jargon into everyday, business speech.

Gusto Law takes a flexible and transparent approach to corporate and commercial work, offering the following fee arrangements:

• Ad hoc hourly rates: hire as required
• Flat-rate fee: know exactly what the work on a particular project will cost
• A fixed weekly or monthly rate: to cover a certain number of hours

If you would like to discuss your legal needs, schedule a free 20-minute consultation.

This webpage’s content has been prepared to provide a general overview of certain legal services offered by Gusto Law, and is not intended to be an exhaustive legal analysis. It is not a substitute for legal advice and should not be relied upon for any particular transaction, proceeding or circumstance. The information is provided as of the date set out below, and thus the reader is cautioned that changes or developments in the law, or its interpretation, may have occurred since that time. If you are forming a new business, please seek further individual consultation with Gusto Law.