Business Entity Formation, Management & Disputes

Comprehensive Legal Services for Transportation & Logistics Companies

Based in Atlanta, Georgia, Mitchell - Handschuh Law Group, LLC provides legal services to transportation companies regarding business entity choice and formation. We also assist clients with matters relating to management, disputes, and business operations throughout the life cycle of the business. Our attorneys provide full service representation and counsel for transportation and logistics companies throughout the United States.

Choice of Business Entity

Our business law services include helping new and existing transportation companies choose the right type of legal entity to accomplish the needs and goals of the owners and business. Entity choice is one of the most important decisions — if not the most important decision — any business owner makes.

The nature of a company’s legal structure affects critical matters relating to owner and business liability, taxation, and administrative operations. The most common legal entity types for transportation companies include:

  • Limited Liability Company / LLC
  • Corporation
  • Limited Liability Partnership / LLP

In assisting a business owner with determination of the best legal entity choice, we explain all the options, discuss the ramifications of each entity type, ascertain the goals and needs of the business, and answer all questions before making a decision. After the client makes a choice, we work with the client to complete all the required filings and formalities for creating the business.

Business Governance

For each entity type, a business creates and maintains specific legal documents. Our attorneys prepare these documents. When requested, we can assist in negotiating agreements among the owners of the business. Examples of the documents we prepare include:

  • Operating agreements
  • Shareholder agreements
  • Partnership agreements
  • By-laws and articles of incorporation
  • Contribution and subscription agreements
  • Other types of agreements

Our services include more than taking the necessary steps to form the business. We assist owners in managing the entity to preserve the separate legal identity of the business.

Our attorneys work with clients on business governance issues on a continuing basis, using best practices to maximize and preserve the benefits of the business form. These services include preparing resolutions and corporate minutes to document and implement legally required management actions.  Proper documentation is key to preserving limited liability with respect to third-party claims as well as documenting consensus, or sometimes dissent, within the management of the company. 

Ownership, Corporate & Derivative Disputes

Ownership, corporate, or “derivative” disputes often unfortunately arise when multiple people are invested in the success of a company.  Conflicts arise between members, shareholders, partners, and management, since it is impossible for everyone to see eye-to-eye in every situation.  

Disputes present themselves in a variety of forms. We understand the challenges they present and have the experience to guide our clients to solutions for these complex matters.  Our firm has a proven track record of asserting and defending against ownership and derivative claims. 

Ownership Disputes

Disagreements may arise between owners involving their obligations to one another. We represent companies and owners in disputes over the control and management of businesses. Frequently, they are high stakes matters affecting the future of a company.  We handle issues including:

  • Hostile ownership or takeover claims
  • Business dissolution
  • Capital contribution disputes
  • Key executive disputes
  • Control of management issues
  • Excess compensation claims
  • Indemnification claims
  • Breach of representations and warranties
  • Other types of disputes

Ownership Derivative Lawsuits

Conflict between majority and minority owners of a company sometimes occur.  In some situations, the law allows an owner with less than a majority claim in the business to bring a lawsuit on behalf of the company.  We guide our clients in asserting or defending against such matters, including claims for:

  • Breach of the duty of good faith
  • Breach of the duty of care
  • Breach of the duty of loyalty
  • Accounting malpractice
  • Merger and acquisition issues
  • Ultra vires acts (beyond the powers)
  • Other claims for control of a business

Business Operations Counsel & Representation

We provide full legal support for on-going operations of our transportation company clients. These services include, but are not limited to, the following areas:

Regulatory Compliance

Many companies face with issues related to governmental regulations. Our attorneys assist clients with issues relating to compliance with federal and state regulations affecting the transportation industry. Our services include representing clients in administrative agency proceedings, as well as assisting clients with regulatory compliance for business operations purposes.

Insurance Coverage Counsel

We provide advice relating to insurance needs of transportation and logistics companies. Our firm does not represent any insurance companies, which enables us to provide purely objective counsel in this regard.

In the risk management context, the key is to align coverages with the scopes of liability assumed within contracts with customers and requested within contracts with third parties.  Issues we address for clients include:

  • Indemnification clauses, including edits and negotiation
  • Motor carrier insurance coverage
  • Broker negligent selection insurance coverage
  • CGL and workers’ compensation coverage
  • Warehouseman coverage
  • Excess and umbrella liability coverage
  • Coverage analysis and gaps
  • Other risk management issues

Employment Matters

Our services include providing advice and representation relating to employment law issues, including:

  • Employment and independent contractor agreements
  • Staffing matters, such as hiring and termination
  • Restrictive covenants, including nonsolicitation, noncompete, and confidentiality agreements
  • FSLA (overtime) issues

Regardless of what type of employment-related matters our clients encounter, we provide counsel to address and resolve issues that arise during business operations.

Contract Review, Drafting & Negotiation

Our attorneys provide assistance for all types of agreements and contracts involved in business operations. Our Transportation & Logistics Agreements page provides detailed information about our contract services.

Other Claims & Litigation

We also help clients with the full range of legal issues relating to transportation claims and litigation. Our Transportation Claims & Litigation page explains these services in detail.

Atlanta, Georgia Transportation & Logistics Company Law Firm

At Mitchell - Handschuh Law Group, our attorneys provide a comprehensive range of legal services for transportation and logistics companies. We counsel and represent clients throughout the business cycle in all activities related to entity formation, business governance, and ownership disputes, as well as matters involving on-going operations and management.

We welcome inquiries about our business entity formation and management practice, as well as our other legal services for transportation companies. Our attorneys assist clients with legal matters throughout the State of Georgia and nationwide. Contact us by calling (404) 262-9488 or using our online contact form.