Entrepreneurs are the backbone of the American economy, driving innovation and creating opportunities for others. But small business owners face many barriers in bringing their ideas to fruition and ongoing challenges in growing and protecting that enterprise.
At McBrayer, we partner with small businesses to facilitate startup or expansion, to anticipate growing pains and to shield clients from external threats. Our business law attorneys can offer comprehensive counsel in all facets of entrepreneurial law. With law offices in Lexington and Louisville, and a government relations office in Frankfort with a presence in Washington, D.C., we serve closely held businesses and family-owned operations throughout Kentucky and surrounding states.
Business Startup Attorneys · General Counsel To Small Enterprise
Part of the allure of starting a small business or family operation is being your own boss and the pride of building something from the ground up. When new businesses stall or fail, it is not for lack of hard work, but lack of the proper foundation and protections.
Our entrepreneurial law attorneys take a holistic approach to getting a business off the ground. Our knowledge and experience across many legal disciplines enable us to act as "outside general counsel" to businesses and professional practices.
Beyond the basics of business formation, we offer comprehensive advice to entrepreneurs for:
- Intellectual property rights — establishing and enforcing trademarks and copyrights
- Seed financing and capital raising — from conventional or SBA loans to private equity financing for startup, expansion or recapitalization
- Regulatory compliance — state filings and reporting, disclosures, Uniform Commercial Code (UCC), licensing, governance, securities regulations
- Contracts and leases — suppliers, equipment, services, customers, landlords
- Real estate — commercial leases, purchase agreements, clear title
- Taxation — income tax, sales tax, withholding tax, transactions
- Buy-sell agreements — exit strategy for foreseeable events
- Employment and management — compensation, restrictive covenants, severance
Intellectual Property, Regulation, Financing and All Considerations
In our experience with entrepreneurs, one of the biggest challenges is protecting the business's underlying intellectual property. We assist with registering trademarks and service marks; licensing of technology, software or processes; and litigating trademark or copyright infringement.
Complying with state and federal regulations can also be overwhelming for a small or family-owned business. McBrayer maintains a strong government relations firm, with an office in Washington, D.C. We are well suited to navigating clients through the regulatory bureaucracy and administrative law proceedings.
Startup companies often have difficulty obtaining standard commercial loans. We can connect our entrepreneur clients with angel investors, venture capital firms and other private funding sources.
At some point, every entrepreneur will face a legal dispute or lawsuit, from breach of contract to internal disputes among partners or shareholders. We know that our clients can ill afford the distraction, expense and risk of a protracted legal battle. Our business litigation team seeks timely and cost-conscious resolutions, but we are formidable courtroom lawyers when other remedies are exhausted and your enterprise is at stake.
Take The First Step To Business Success
For comprehensive legal assistance with starting and running a small business, call the Kentucky entrepreneurial law lawyers at the McBrayer firm.
News & Insights
Seminars & Speaking Engagements
- Lexington, KY, July 9, 2015
- Business Lexington, September 24, 2015
- SEC Crowdfunding Rules - Another Vehicle for Capital? November 7, 2017
- Charge-offs on Consumer Debts: The Kentucky Supreme Court Causes Shaky Ground to Collect Prejudgment Interest May 3, 2017
- Five Reasons to Consult an Attorney for Your Small Business April 14, 2017
- Supreme Court Upholds Strict Diversity of Citizenship of Non-Corporate Entities for Diversity Jurisdiction April 25, 2016
- Congress Moves to Expand Definition of “Accredited Investor” Under Regulation D April 8, 2016
- Third Circuit Upholds Authority of FTC to Uphold Data Security September 4, 2015
- Charging Orders on LLCs in Kentucky June 5, 2015
- Member Rights in Kentucky Limited Liability Companies May 1, 2015
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- Jack A. Wheat - Attorney Biography
- Robert E. Maclin, III - Attorney Biography
- Thomas D. Flanigan - Attorney Biography
- James H. Frazier, III - Attorney Biography
Who We Serve
At McBrayer PLLC we serve entrepreneurs. We work with you from the ground up to get your business running. We're available to help you with all your entrepreneurial law needs, from entity choice, capital issues and intellectual property protection to employee issues and contract negotiations, to business succession planning and exit strategies.