Corporate
The attorneys of Fitzgerald & Hewes engage in a general corporate practice and represent a number of corporations and organizations with varying size and industry. The firm serves as general counsel to some clients, and also represents newly formed businesses, partnerships and joint ventures. F&H brings experience to companies and their management in a spectrum of business matters, handles mergers and acquisitions, and negotiates all types of complex business transactions. In addition, members of the firm have helped clients with human resource matters and establishing policies and procedures that assist organizations with their interface with employees and outside consultants.
The members of the firm frequently advise clients regarding secured transactions and the Uniform Commercial Code, the perfection of security interests in property, equipment leasing and some general aspects of intellectual property law (we are not licensed to practice before the Patent and Trademark Office).
Mergers & Acquisitions
Fitzgerald & Hewes advises companies through all stages of an acquisition, including the negotiation and preparation of offer letters and merger and acquisition agreements; the negotiation of financing arrangements; the preparation of lock-up agreements; the preparation of any regulatory filings; and the preparation and filing of registration statements for any security issued in connection with the transaction. We are experienced in developing employment contracts and dealing with employee benefit matters arising out of acquisitions, including the preparation of ESOP arrangements and the assumption of benefit plans.
Fitzgerald & Hewes attorneys are experienced in representing and advising boards of directors in connection with their fiduciary duties to shareholders, including those evolving duties arising in connection with acquisition offers.
Financial Services
Fitzgerald & Hewes has an extensive practice in the representation of financial institutions and borrowers. We have assisted clients in connection with loans ranging from a few thousand to hundreds of millions of dollars.
The members also have a high degree of expertise and experience in representing both financial institutions and borrowers in commercial lending transactions, including asset based loans, business acquisition loans, letter of credit backed loans and transactions, equipment lease financing and SBA-guaranteed loans. We also advise clients on compliance procedures with complex state and federal regulatory requirements and assist in structuring complicated financings to customers of institutional clients, including negotiation of terms and loan document preparation.
Securities
Fitzgerald & Hewes works closely with our corporate clients and their executive officers, boards of directors and board committees in complying with the wide range of reporting, compliance and corporate governance obligations under the securities laws and the rules of the various stock exchanges and other self-regulatory organizations.
Employment Law
Legal issues associated with employment situations are becoming increasingly complex, and the number of claims brought against employers is on a steady increase. In this environment, every employer needs to be alert to the legal issues of the employer/employee relationship and pro-actively initiate steps to prevent disputes and liabilities.
Fitzgerald & Hewes attorneys have broad legal expertise across a wide spectrum of employment matters, including preventive advice for employers and administrative proceedings. They have extensive experience in matters associated with state and federal laws on race, sex, and age discrimination as well as religious and handicap/disability discrimination and sexual harassment. They also have broad experience in such areas as drug and alcohol testing, wrongful discharge and wage-and-hour disputes.
Employee Benefits
Fitzgerald & Hewes attorneys advise clients on all aspects of benefits law. We have particular expertise in helping clients’ design the right plan for them, and advising clients on how to implement and administer those plans. When plans have been administered improperly, we assist clients in identifying and fixing the problems. We also handle employee benefits issues in mergers and acquisitions and company restructuring.
Our expertise includes:
- 401(k) and profit sharing plans
- ESOPs
- Deferred compensation and executive pay
- Stock-based plans
- Group insurance plans
- Self-funded health and disability plans
- COBRA and HIPAA
- Cafeteria plans
- Fiduciary responsibility
Dispute Management
The firm assists clients in all aspects of conflict and dispute resolution, and the coordination and oversight of civil litigation.
