Sherman & Howard helps public and privately held companies operate, grow their businesses, and gain a competitive advantage.
Our corporate attorneys have extensive experience in negotiating, structuring, and documenting a broad range of commercial transactional agreements. We possess exceptional skill in detecting and mitigating risks while helping our clients capitalize on revenue and growth opportunities in a timely and effective manner.
We take a multidisciplinary, holistic approach when negotiating and structuring transactions, collaborating with the client’s internal stakeholders and members of our own Intellectual Property, Privacy & Data Protection, Corporate Compliance & Governance, Finance, Securities, Litigation, Trials & Appeals, Tax, and Labor & Employment practices. Our goal is to provide seamless, efficient service and the necessary skill set to make certain all bases are well covered.
The Sherman & Howard Difference
Our Commercial Transactions team provides an insider’s perspective in forming and maintaining dynamic relationships between manufacturers, suppliers, strategic partners, customers, and other key stakeholders. Experienced in industries as diverse as aerospace, cable, technology, energy, manufacturing, distribution, professional services, equipment leasing, and construction services, our team includes several attorneys who formerly worked in-house in the industries they serve. With more than 60 years of collective insider experience, we possess industry insight that enables us to quickly grasp the challenges our clients face.
We have negotiated transformative partnerships, finance agreements, joint ventures, and strategic alliances, as well as regularly handle other types of commercial transactions including:
- Intellectual property acquisition, licensing, and sales agreements
- Product development and manufacturing agreements
- Other technology transactions
- Procurement contracts, distribution agreements, and other supply chain agreements
- Outsourcing contracts
- Intra-company agreements
- Real estate development transactions
- Franchise agreements
- Real estate leases, and purchase and sales agreements
- Negotiated, managed, and facilitated an enterprise resource planning solution, involving both cloud and on-premises application, designed to manage a $2 billion supply chain worth tens of millions of dollars in licensing and implementation fees. The challenge was aligning the business needs and risks across multiple departments with a solution that impacts important and high-risk materials and data.
- Managed, reviewed, and negotiated the transition of all material commercial contracts of a divested entity, post divestiture, to move the divested entity to its own separate contracts, and to develop and implement new contracting standards, terms, and conditions company-wide. The client had a short window in which to transition to completely new contractual arrangements. Working closely with the client’s in-house team, we developed an internal review process to identify key vendors, and efficiently and timely close high-value contracts.
- Facilitated the transition of a privately held oil and gas exploration and production company from its founders to its next generation leadership. The challenge was in monetizing the company’s passive income in a tax-efficient way in order to pay the founders for their ownership interests while at the same time restructuring the ownership, governance, and management of the company to prepare it for the opportunities and challenges facing the next generation.
- Enlisted, on short notice, to help a dynamic and fast-growing mobile application startup address its immediate legal needs after its sole in-house legal counsel left the company. We quickly identified and reassigned a qualified replacement from among our own staff and designed a full-time secondment engagement that enabled the company to continue to meet its ordinary legal needs without interruption.