Utilizing an Outsourced General Counsel: Bring Them In Early

We have a number of clients who call upon our firm as an outsourced general counsel. Typically an engagement begins on a project basis, and as we begin to learn more of the client’s business, we are brought in on more and more aspects of the business. What we find is that the earlier we come in on a deal, the smoother things run. Here are some examples:

Key Employees: For example, if we come in after there is an issue with a key employee, we certainly can advise and work through the issues. But, if we come in before the key employee is brought on board, we can strategize with the CEO and anticipate issues that will come up such as confidentiality, noncompetes, and termination.

Mergers and Acquisitions: Clients may often be in a rush to get the deal done, and once the deal terms are negotiated, they bring in counsel to paper the deal. A better way is to consult and retain counsel prior to negotiations to obtain the most favorable terms and think through such issues as earn outs and indemnification.

Intellectual Property: When you bring in your counsel early, they can help you set up policies and procedures for IP development, crafting strategies around protecting IP and anticipating competition vs. bringing in counsel to deal with competition after the fact. It is a proactive vs. reactive strategy.

Fogel & Potamianos LLP‘s General Counsel Group serves as outsourced general counsel to small and middle market companies, as well as high net worth individuals with multiple business interests.

This blog is provided for general informational purposes only and no attorney-client relationship with Fogel & Potamianos LLP is created. By using the blog, you agree that the information on this blog does not constitute legal or other professional advice. The blog is not a substitute for obtaining legal advice regarding a potential matter from a qualified attorney licensed in your state.

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